Terms of Service
Terms of Service
Welcome to www.forma.co.in (“Website”), owned by JSW Living Pvt. Ltd. (“Company”) having its registered address at 5A, Jindal Mansion, Dr. G. Deshmukh Marg, Mumbai 400026. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
You are advised to read this Agreement carefully before entering into a transaction on forma.co.in Once you accept this agreement, it will be a legally binding agreement between you and Company (for shopping on forma.co.in).
Your visit to this website as well as your use of a Forma product or service is subject to the Payment, Delivery and Returns Policy and Terms and Conditions available here on this website.
The brand ‘Forma’ and the logo ‘Forma’ is the proprietary asset of and belongs to JSW Living Pvt. Ltd. and is being used on this site under a specific agreement.
By placing an order on this site you are entering into a purchase/sale transaction pertaining to the Forma products and services.
The money you pay/transfer shall be collected by Forma on behalf of the Company.
The terms and conditions are enumerated as follows.
- 1. forma.co.in shopping portal owned and operated for or on behalf of Company, which a platform to the shoppers to buy the products listed on the site.2. "Customer" / "Buyer" shall mean the person who accepts the offer for sale of Forma products on site by placing an order for and or purchasing the same.
- II. Eligibility: Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. You represent and warrant that you are competent and eligible to enter into this legally binding agreement. You shall not use this Site if you are not competent to contract under the applicable laws, rules and regulations. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
- IV. CommunicationsWhen You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
- VI. Termination: We may terminate this agreement at any time, with or without cause. We reserve the right, in our sole discretion, to terminate your access to the Forma products and services offered on the site or any portion thereof at any time prior to a valid agreement being executed with you, without notice.
- VII. Modification of Terms and Conditions: We may at any time modify the terms and conditions contained on this Site without any prior notification to you. You can access and should regularly review the latest version of the Terms and Conditions. In the event the modified Terms and Conditions are not acceptable to you, you may discontinue using this Site. However, if you continue to use this Site then you agree to accept and abide by the modified Terms and Conditions.
VIII. Online Shopping Platform: You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
The address at which delivery of the Forma product ordered by you is to be made should be correct and proper in all respects.
After the confirmed receipt of payment, as the case may be, Company shall arrange for the delivery of the Forma product to the recipient at the shipping address provided by the Buyer. Any and all orders placed by you on this Site are your firm contractual, legally enforceable commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.. Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
- IX. Forma Product Pricing: Product prices listed on the website are the current prices for different products of Forma. While every care has been taken to label the products accurately, errors in data entry and updation may occur. The Company reserves the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. Prices are subject to change without advance notice. All prices on this web site are given in Indian Rupees. For international cards used on the site, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument. All orders are acknowledged at current pricing. We will bill at price in effect at the time of receipt of money and generating an invoice. Our products are liable for GST and other taxes applicable till date in India.
X. USE OF WEBSITE :You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
A] You shall not host, display, upload, modify, publish, transmit, update or share any information which:
B] You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
C] You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
D] You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
E] You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Company or otherwise tarnish or dilute any Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company's systems or networks, or any systems or networks connected to Company.
F] You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
G] You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
I] You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations, Taxation, regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
J] It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- XIII. Out of Stock: Our endeavour is to ensure that all Forma products listed on the site are available in stock for dispatch to the buyer. However in case the selected models in not available for any reason, we will contact you within seven working days and give you the option to exchange, delay or cancel the order based on your convenience.
- XIV. Payment Options: The following modes of payments are available for your purchase of any Forma Products: a) Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Cardb) Visa Debit cardsc) Net banking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchasesAs prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard you will required to submit your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when you make your online transaction using your Credit or Debit card. You should also have enrolled your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. To place an order you will need to complete the transaction on the website. This may or may not be assisted with a phone call with the Company’s customer service representative. By placing an order on the site or on phone, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites.
XV. Shipment of Forma Products: Company shall endeavour to ensure that delivery of the Forma products is made within 15 (Fifteen) days excluding public holidays and only after receipt of the payment. Delivery of the Forma product shall be made subject to the availability of the products. All deliveries shall be made after date and time is confirmed by the purchaser. Forma products once delivered will need to be signed for at the location/destination. We take no responsibility for Forma products signed for by any person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorized by the cardholder, we do not take responsibility for incorrect addresses provided at the time of placing the order. The delivery will NOT be redirected/redelivered to any other address in any circumstance. The selected Forma product will be delivered only in the city, town, village or any location mentioned as “currently available” on this Site.
We shall not be held responsible for damage to any products after delivery.
We will consider the order delivery “failed” in the following cases:- Delivery not done due to the wrong address.- Recipient, not available.- Premises locked.
In case of floods/ Heavy Rains/ National Bandh or any event of force majeure, we reserve the right to reschedule the delivery for another date. In case the product is not delivered due to any of the above reasons, we will inform you about the same. All claims for shortages or damages must be reported to customer service on the day of delivery through the contact us page, Support & Services page on the web store. Also, the said shortage of goods needs be highlighted and signed on the delivery challan copy and returned to the delivery person.
- XVI.Suspension due to non-compliance with Agreement: Notwithstanding other legal remedies that may be available to Company, Company may in its sole discretion limit User activity by immediately removing User listing either temporarily or indefinitely or suspend or terminate User membership, and/or refuse to provide User with access to the Site. - If the User is in breach any of the terms and conditions of this Agreement; - If the User has provided wrong, inaccurate, incomplete or incorrect initiation; - If your actions may cause any harm, damage or loss to the other Users or Company. The Company is not liable for any content posted on the website by user or customer, if that content has copyright violations, or the content is hurting sentiments of any person, group, religious group or any institution. Company reserves the right to delete such content from its site without notice to user.
- XVII. Indemnity:User agrees to defend, indemnify and hold harmless Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement. Company’s indemnity and or ‘payment’ obligations to the User shall be limited and restricted to the least of (a) 50% of the amount actually paid by the User to Company (b) the actual claim or (b) such amount as may be ordered by a competent Court of law. In no event shall Company be responsible to bear or pay to the User or to any other person any amounts, charges or burden in the nature of damages (remote, direct, indirect, consequential or otherwise) or penalties by whatsoever name called, in relation to, arising out of or in connection with the use of this Site, order/delivery/ use or otherwise of Forma products or services.
- XVIII. Governing Law and Jurisdiction: This agreement is governed and construed in accordance with the Laws of the Republic of India, without any regard to any conflict of laws. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, to entertain or try any and all disputes arising out of or relating to the use of this Site or to the process of purchase, use or sale of Forma products or services. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold Company, its subsidiaries, affiliates, directors, officers and employees, harmless any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on this Site and to the use of the Forma products or services by you.
- XIX. Intellectual Property Rights: Company and other names, graphics, logos, and icons identifying Company or its products or services (including but not limited to the Forma products or services) are the proprietary marks of Company. These IPR’s may not be used in connection with any product or service that is not offered by Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear on this site are the property of their respective owner.
- XXI. Submissions: Company welcomes your comments about your experiences shopping with us and your suggestions about how to improve this site. Any comments, ideas, suggestions, initiation, or any other content(including in art/design form) you contribute to Company or this site (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that you own or otherwise control all of the rights to the content that you contribute to this site and that use of your content by Company will not infringe upon or violate the rights of any third party.
- XXII. In case of any dispute arising out of this transaction shall be settled through Arbitration. The place of Arbitration shall be Mumbai, the arbitration proceedings shall be in accordance with the rules of Arbitration and conciliation Act, 1996. The same shall be conducted by the sole arbitrator. The arbitrator shall be mutually appointed by both the parties.
- XXIII. Disclaimer: The prices and Forma products advertised on this site are for sale from this website. As Prices, Forma product descriptions and availability can change without notice to you, Company does not warrant the accuracy or completeness of information on this website and will not be responsible for any typographical errors or errors in illustrations, pictures or descriptions. Pictures, designs, patterns, colours represented on site of Forma product are for illustration only and your actual Forma product may differ from the picture shown on the site. Products represented on this site are not always in stock. All item descriptions, images, Forma product logos, availability and pricing are subject to change at any time without notice.
It is the responsibility of the customer to ensure that any purchase decisions are based on current information by calling Forma toll free no. or email at email@example.com