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.
The domain name www.flowlyf.com (hereinafter referred to as “Website”) is owned by 108 TEX a Sole Proprietorship with its registered office at 2 Shambhu Dayal Marg, New Delhi-110020 (hereinafter referred to as “FLOWLYF”).
Purchase / subscription 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. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the FLOWLYF website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. FLOWLYF reserves the right to terminate your Purchase / subscription and / or refuse to provide you with access to the Website if it is brought to FLOWLYF’s notice or if it is discovered that you are under the age of 18 years.
If the parties choose to subscribe to Flowlyf’s services, they shall do as per conditions laid below.
The parties to this agreement are the lessor and the lessee where FLOWLYF is the lessor & the customer is the lessee. The terms of the subscription agreement are as follows:
The conditions of subscription are stated below, together with the Agreement as set forth on the reverse side of this sheet, constitute a contract between the parties therein named which contract is hereinafter referred to as “this Agreement” The parties to this agreement are the lessor and the lessee, where FLOWLYF will lend the services of providing product/furniture/appliance both tangible and intangible in nature as mentioned in the order details on monthly rental basis, is the Lessor & the customer accepting the services of Lessor for providing the product/furniture/appliance both tangible and intangible in nature on monthly rental basis is the Lessee. The terms of the subscription agreement are as follows:
This Agreement shall commence on the date the products (more fully set out in the Schedule) ( “Product(s)”) are delivered to the Customer and remain in full force and effect until the fixed period [equivalent to the tenure of the contract that is agreed by the Customer while booking the Product(s)] expires and the Products is returned to FLOWLYF, unless terminated earlier or extended pursuant to the flexi tenure policy or is purchased by the customer.
The invoice shall be raised by FLOWLYF on the 1st day of every month and the due date for payment shall be the 10th day of the month ( “Due Date”). Customer shall pay the rental charge as per the invoice raised and mailed to the Customer’s registered e-mail address. Payment made beyond the Due Date shall incur a late fee. Late fees shall be levied on the rental due amount only. The late fees shall be applied three times each month; 10% on the 11th day of the month, another 5% on the 18th day of the month and another 5% on 25th day of the month, the late fees shall be applied only on the pending amount. In case the Products are delivered any time during the month, the first month shall be calculated on a pro-rata basis from the date of delivery until the last day of the first month.
The Customer shall make all payments to FLOWLYF only. FLOWLYF shall not be liable for any payment made to any broker/third party by the Customer. FLOWLYF reserves the right to share information with credit rating agencies pursuant. The Customer hereby agrees that non- payment of subscription dues, late fees, asset value leased and any other non-payment, may affect the credit rating of the Customer and FLOWLYF shall not be liable for any claim from the Customer for sharing such information with credit rating agencies.
In the event, the Customer does not make payments to FLOWLYF and/or does not return the Products and is not traceable, in addition to any other right of FLOWLYF, the Customer agrees that FLOWLYF shall have the right to reach out to the Customer’s relatives, friends, employer, offices and shall inform them about the Customer’s default. The Customer hereby agrees that, FLOWLYF shall not be liable for any inconvenience or loss caused to the Customer for such action by FLOWLYF
In addition to the monthly rental, the Customer shall pay a refundable security deposit (“Security Deposit”) before taking receipt of rented items. The customer can pay this at the time of placing the order on FLOWLYF. FLOWLYF’s delivery agent may ask the customer for “Deposit Payment” confirmation SMS during the time of Delivery of item.
Please Note: Security Deposit payment must be done online, via the FLOWLYF website FLOWLYF does not allow the exchange of physical cash for any platform transaction.
The Security Deposit shall not carry any interest for the entire tenure. The Security Deposit shall be refunded to the Customer on the termination and after taking delivery of all the Products from the possession of the Customer. Once the final quality check is performed on all the Products, and the settlement amount is confirmed, we’ll initiate the refund process and Customer will receive it in their source account within 7-10 working days. FLOWLYF shall refund the Security Deposit to the account from which initial the Security Deposit was paid by the Customer, in case the Customer wishes to get the refund to any other account, the Customer shall provide the details of the account to FLOWLYF via e-mail from the registered e-mail address of the Customer and/or upload the account details on the dashboard available on the FLOWLYF website, prior to the pick up of the Products. The same account details shall be confirmed at the time of the reverse pick up of the Products.
In case any damage is found in any Product, FLOWLYF shall have the right to deduct the charges for the damages or monthly dues from the Security Deposit paid by the Customer and shall refund the remaining amount to the Customer. In case of default in the payment of monthly rentals (including late fee), FLOWLYF shall have the right to deduct such rental dues from the Security Deposit and may at its sole discretion refund or forfeit the remaining balance of the Security Deposit. The Security Deposit shall not include any monthly rental. The Customer cannot request for the monthly invoice dues to be adjusted from the Security Deposit.
On receipt of the order and the Security Deposit, FLOWLYF shall confirm the order with the Customer by sending a confirmation to the registered e-mail address of the Customer. In the event, any product selected by the Customer is unavailable, FLOWLYF shall inform the same to the Customer. FLOWLYF reserves the right to replace any product selected by the Customer in the event of unavailability. The Customer shall be provided with an option to either accept or deny such substitution at the time of confirming the order. Mere payment of the Security Deposit shall not be considered as the valid contract. In the event, the Customer does not accept the substitute Product, FLOWLYF shall refund the Security Deposit paid by the Customer as per Clause 4 of this Agreement.
On confirmation of the order by the Customer, FLOWLYF shall deliver the Products to the location specified by the Customer. The cost of the delivery shall be borne by FLOWLYF. The Customer shall be present at the location at the time of delivery agreed between FLOWLYF and the Customer. In case the Customer is unavailable at the time of delivery the Customer shall appoint a representative (give an authorization letter) for taking delivery of the Products and the same shall be communicated to FLOWLYF prior to the delivery. The representative shall provide a copy of his/her ID proof and authorization letter from the Customer to the delivery personnel assigned by FLOWLYF. In case the Customer is not present or has not assigned a representative for taking delivery, at the location and a second delivery attempt is required, FLOWLYF shall charge an extra delivery cost to the Customer.
FLOWLYF shall inspect the quality and ensure that the Products are working and in usable condition before the delivery of the Products to the Customer. The Customer or its appointed representative shall inspect the Products for any damage and quality during the time of delivery. In case any Product is damaged during transit or unfit for use, FLOWLYF shall replace the same at its own cost and in case a replacement is not required, such damage shall be noted in the delivery receipt and a photo of the same shall be taken for record. In case any claim of damage is brought against the Product after the acceptance of delivery by the Customer, FLOWLYF shall not be responsible towards replacing the Product and shall levy a damage to be ascertained as per the damage policy below.
The Customer shall ensure the entry of delivery vehicle inside the premises where the delivery location is situated and ensure that prior permission is obtained for the use of elevator of the building, for delivery of the Products to the location.
The Customer hereby agrees that any damage caused to the Product or theft (including disappearance) or loss, shall be liable towards repair and replacement cost of the Product. In the event, the Product is stolen or damaged beyond repair, the Customer shall be liable to pay FLOWLYF the market price of the Product. Minor scratches and chipping (depending on size) to wooden furniture shall be considered as normal wear and tear. The extent of damage will be ascertained by comparing against the quality control document signed by the Customer and the photographs taken on delivery and return pickup day.
FLOWLYF shall ascertain the extent of the damage and applicable penalty for such damage on the receipt of the Products from the Customer. In the event, it is found that in any Product, any substandard parts are used, or repair carried out by any person not authorized by FLOWLYF, then a penalty may be levied as per the policy of FLOWLYF. Any removal, alteration, disfiguring or cover up any numbers, lettering, or insignia displayed on any Product shall be considered as a damage to the Product and shall be chargeable against the Customer. A damage claim report shall be sent to the Customer’s registered e-mail address.
A quality check report stating the damages if any or a clearance sheet will be created and a copy of the same will be provided to the Customer immediately.
In the event, the Customer does not wish to extend the rental period beyond the Agreement date, the Agreement shall terminate on last day of the rental term.
default of payment of rental dues or any other payment dues by the Customer; or
breach of any of the terms of this Agreement; or
at its sole discretion by providing 30 days’ notice to the Customer.
Consequences of termination:
FLOWLYF shall have the right to take possession of the Products delivered to the Customer immediately;
Any payment pending from the Customer shall become payable immediately to FLOWLYF.
The Security Deposit paid by the Customer shall be refunded to the Customer post the damage assessment of the Products, as per this Agreement.
In case of termination due to non-payment of rental dues, the Security Deposit refund shall be determined subject to this Agreement.
The Customer shall indemnify, defend and hold FLOWLYF harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for any Product damage or personal injury arising from the Customer’s use of the Product by any cause, except to the extent such is caused by FLOWLYF negligence or willful misconduct. The provisions of this clause shall survive the termination of this Agreement with respect to any claim or liability accruing before such termination. In no event shall FLOWLYF be liable for any direct, indirect, special or consequential loss or damage arising out of Customer’s use of the Products.
FLOWLYF reserves the right to inspect the Product delivered to the Customer during the term of the Agreement. FLOWLYF shall provide reasonable prior intimation to the Customer regarding the visit for inspection of its representative to avoid any inconvenience to the Customer. The Customer shall ensure that the representative of FLOWLYF is provided with proper access to all the Products/premises for inspection.
OWNERSHIP OF PRODUCTS
FLOWLYF and / or its business partners shall at all times during the term of this Agreement, retain title to and / or be the beneficial owners of the Products delivered to the Customer, pursuant to the Agreement. Nothing in this Agreement shall be construed as a transfer of ownership of the Products to the Customer. The Customer shall give immediate notice to FLOWLYF if any of the Product is about to become liable or is threatened with seizure and the Customer shall indemnify FLOWLYF against all loss and damage caused by such action against its Products.
The Customer shall not assign or transfer any interest in this Agreement or the Products without the written consent of FLOWLYF. Any such transfer or assignment shall be considered as illegal and hence a violation of the terms of this Agreement. FLOWLYF reserves the right to assign this Agreement, to any third party (including credit rating agencies, factoring agents and NBFC) without prior notice to the Customer.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT FLOWLYF’S TOTAL LIABILITY TO CUSTOMER SHALL NOT EXCEED THE TOTAL AMOUNT OF 1 (ONE) MONTH RENT.
108 TEX. reserves the right to cancel any orders completely or partially before delivery without prior information & in such scenarios, we’ll initiate the refund process for the deposit amount and the Customer will receive it in their source account within 7-10 working days.
Any current/future orders placed by the Customer has no connection with any of his/her previous orders.
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