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Welcome to Black Turtle’s Terms & Conditions (also referred to as “Company Policy”).
Black Turtle and its affiliates (collectively, “ Black Turtle”, “we”, “our” or “us”) are engaged inter alia in the business of interior design and décor services, more fully described in our Terms and Conditions. This Policy outlines our Terms and Conditions applicable from project confirmation to execution to service after project handover.
1. The Company shall provide the Client with interior design services. This assistance will include a conceptual design, implementation and consultations as requested by the Client. The services shall include, but will not be limited to, the following:
a. Scope of work undertaken by Company in form of document.
b. Specifications of products and services provided in form of product specification and/or technical drawing and/or visual representation of final product or service.
c. Consultation regarding, but not limited to, product design, product development, interior services, selection of raw material, processes of development of project and so on.
d. Development of project including but not limited to production and procurement of products, home development related service, electrical work, installation of products and so forth.
e. Providing assistance in purchasing and procurement of products and/or other home development related items such as but not limited to electronic appliances, furnishings, furniture, décor, and so on.
2. Processes
a. The designer, project in-charge and site supervisor for the project will be notified at the start of the project
b. The designer need not visit the site regularly and can execute the project with the assistance of on-site teams
c. Commencement of work will be started after signing of agreement and/or payment of 50% of work order value
d. Changes to existing Quotation will be treated as a new work and company reserves the right to accept or deny said new work.
e. If the commencement of work gets delayed for reasons such as but not limited to, delay in site handover by developer, delay in acquiring necessary permits and certificates by the client and/or developer, any unforeseeable events either natural or man-made, the company has the right to revise the prices of services and/or products mentioned in the quotation document
f. The company holds the right to revise the prices of services and products mentioned in the quotation document, after the expiry of the validity of the quotation by its mentioned date. The company holds the right to revise the prices if there is an increase of prices of materials and services such as but not limited to prices of raw materials, building materials, metal, labor, fuel, etc.
g. The client shall ensure that the property is accessible to employees of Black Turtle and any third-party suppliers providing services throughout the duration of the work
h. The client shall appoint a designated person to check with the project with the company team.
i. No other person except the client and the designated person appointed by the client shall visit the project premises during the entire tenure of the project. Except for third-party vendors that are to provide interior development related services at the site.
j. The client shall inform the company a designated decision maker (i.e., the client or any one from the client’s family) who will make all necessary decisions regarding the project.
k. The client will ensure that utilities such as electricity and water are available for use at the property throughout works and at no cost to the company.
l. The client holds responsibility to acquire necessary and mandated permissions/certificates either from Building Society, government and municipal organizations, and other organizations for carrying out the project/work at their property. Any legal or jurisdictional issue arising for the incompleteness of the above-mentioned permissions/certificates, will be the sole responsibility of the client.
m. Times and dates quoted for delivery of goods or materials or completion of any work are to be treated as an approximate estimate based on current trading conditions and the company shall not be held responsible for delays outside its control. The lead time is approximate only and given in good faith. Although the company will endeavor to keep to this time frame, if goods are delayed for any reason, we cannot accept liability for consequential losses as a result.
n. In order to complete and deliver your interior design project, the company may need to share your contact details with our suppliers appointed delivery team and technicians. You hereby agree and consent to the provision of such details (without further contact with you) to the delivery team and technicians for this purpose.
o. The Client will supply all necessary information and give all necessary approvals/decisions to the Interior Designer for the proper and timely execution of the Project. If instructions are not forth-coming, the company cannot be held responsible for ensuing delays.
p. Client cannot initiate any legal proceedings or arbitration for losses and damages incurred in the process of design and development including but not limited to miscommunication, delays, material and/or product selection
q. The company does not take liability for any accidental damage done to the building or its miscellaneous structures as work is being done.
r. Products/items shown in renders of the project design which includes but not limited to electronic items, decorative products, etc., are for providing the client with a visual representation of the project and space, and are not necessarily included in the list of products and services, kindly refer to item list in the Product and Services Document for actual list of provided items
s. If any additional work arises during process of services and/or development of project, which was not included in Product and Services Document as a result of pre-existing condition of project area or space, then the mentioned work has to be treated as new order work and needs approval of client for the same
t. The client is advised to avail home insurance for the project site to protect himself/herself from events such as fire and/or theft at his/her expense.
3. Intellectual Property
a. No right or license is to the Client under any patent, trademark, copyright, registered design or other intellectual property right except the right to use the goods supplied. In particular the copyright of the company in designs supplied remains with the company.
b. The designs, drawings and renders which includes but not limited to Interior, Exterior, Façade and Products, designed and developed by the Company is the Intellectual Property of the Company.
c. The designs, drawings and renders which includes but not limited to Interior, Exterior, Façade and Products, designed and developed by the Company is proprietary property of the Company and cannot be used by the client to replicate the said design or use it for commercial activities without getting prior written approval from the Company.
d. Violation to above mentioned clause will attract penalty from the company in terms of but not limited to termination of provided warranty and reimbursement of financial loss arising from loss of business.
e. The design which includes but not limited to Interior, Exterior, Façade and Products, designed and developed by the Company can be used by the Company to promote its work and services across various platforms which includes but not limited to social sites, websites, news platforms and so on.
4. Raw Material and Products
a. Variances in wood, marble and leather etc., are to be expected as no two pieces of furniture, cut from unique materials, can be identical to those that are on display.
b. Specifications and brands of raw material and products which includes but not limited to plyboard, laminates, electrical and electronic items, paints, hardware, etc., cannot be changed after finalizations if they have been already ordered or procured by the company
c. Products and services provided by the company in regards to visualization of the rendered project and/or photographic models of products and/or services might vary to a degree as accepted by industry standards and falls under general accepted industry standards. Such variations might include but not limited to paint shades, product dimensions, manual replication of a machine-made product and/or process, and so on. Arbitration arising out of the mentioned standard industry development and services practices will not be accepted and the company is not liable for the same.
d. The company will not be held responsible for client’s goods left at the premises of the property or his suppliers for whatever reason. Client is responsible for the insurance of their own goods with their own insurance company.
e. The risk to the goods shall pass to the buyer upon delivery of the goods to your entrance door at the agreed address. The title of the goods shall not pass from the company until the price of the goods and services ordered by the client from "Black Turtle" is paid in full.
f. If the client chose to relocate your furniture or products to any private storage facility directly from the "Black Turtle" warehouse, " Black Turtle " will deliver your furniture and/or products to this location, However, on the arrival of your furniture and/or products to the elected facility, no further liability or relocation obligation in respect of your furniture and/or products rests with " Black Turtle ".
g. A delivery charge may have been included in your order, any such charges will have been discussed and agreed with you. Full details of our delivery charges are available on request.
h. Each delivery of goods must be inspected by the client or nominated representative to confirm receipt of goods. Any complaints in relation to goods having suffered accidental damage prior to delivery must be notified to the company within 7 days.
i. In the event that you notify us of an issue and/ or defect with your furniture and/or product order post- delivery, we the company may need to share your contact and delivery details with our suppliers’ appointed technicians in order for the technicians to assess, inspect, repair, remove or replace such product. You hereby agree and consent to the provision of such details (without further contact with you) to the technicians for this purpose.
j. In the event that a product defect or health and safety concern is notified to the company in relation to the product which you have ordered/purchased, you will be notified by us all as soon as is reasonably practicable. In such circumstances, you hereby agree and consent to the provision of your contact details (without further contact with you) to the product supplier and/or other necessary/ relevant third parties, strictly for the purposes of assessing, inspecting, repairing, removing or replacing such product on order to prevent injury or other damages to your health and/or prevent serious loss or damage to your property.
k. Excess raw materials and products which are purchased by Company to be used for the said work is property of the Company and Company reserves the right to transfer it to its warehouse or utilize it as the company decides.
5. Procedures
a. The client is advised to collect and retain necessary warranty certificates and invoices either from the company and/or third-party vendors for services and products procured by the company on the client’s behalf for the project.
b. The client is also advised to retain logos attached to products provided by vendors, to avail warranty associated with said product.
c. The client has the right to raise changes required, issues or dissatisfaction, etc., regarding the work directly to the appointed project in-charge or the designer in-charge of the project. Any changes required, issues or dissatisfaction, etc., regarding the work which has been conveyed to anyone except the company appointed persons will not be recorded or accepted by the company
d. The client can at no stage of project/development interfere with the work process being done. Either directly in communication with workers present on site or through company appointed employee(s).
e. There shall be no direct allocation of additional work by the client with the workers/laborers at the site under no circumstances.
f. Paying to workers/laborer’s directly for allocation of additional work without any written consent from the company will be strict violation of terms
g. For any changes required in products and/or services provided by the company which has been partly or completely processed by the company, the changes will be treated as new order and company holds the right to approve or deny the mentioned changes
h. All official communications between company and client should be made through the official e-mail address of the company. Official e-mail address of the company is ‘theblackturtledesigns@gmail.com’
i. Updates regarding the project/work will be provided only by a company assigned person for the project/work to client. Client is hereby informed to receive and request for updates directly from the above-mentioned company assigned person.
j. The company hold the right to accept or reject requests for additional site-visits and/or meetings/discussions at the project site required by client which exceeds the prescribed number for the project/work. Additional site-visits and/or meetings/discussions required by client will be chargeable as per company policy.
k. For projects/services involving the lodging of but not limited to the workers and staff members at the project and/or construction site, the client holds the responsibility to ensure the safety and protection of but not limited to the workers and staff members.
l. Any assault either verbally or physically, by the client or people associated/related to the client with but not limited to workers, staff members, supervisors, etc., will be a strict violation; And the company holds the right to file for legal proceedings against the assailant. The reporting of the incident of the assault will not require photographical or video graphical proof, but can be reported by verbal and/or written statement by the person assaulted.
m. If any violations are committed by client or appointed/designated person by the client, person, the company holds the right to seize the process and development of work at any stage of work till the violation is resolved amicably and reached an understanding. If due to any violation, the project/work cannot be further continued by the company, the company holds the right to abandon the project/work at that stage without any liability either monetarily or legally to the client.
6. Payment Terms
a. For confirmation and commencement of work, an amount not less than 50% of total order value has to be cleared to the company
b. Further, an amount not less than 40% of total work value has to be cleared when the Company completes 50% of said work and notifies the Client of the same
c. Furthermore, an amount not less than 10% of total work value or pending amount has to be cleared when the Company completes 90% of said work and notifies the Client of the same
d. The company reserves the right to halt the process of said work if payment is delay or payment terms violated
e. Generation of Invoice for aforementioned work will be done after completion entire mentioned work and clearance of complete payment
f. Calculation of percentage of work completed will be decided by the company based on total duration in hours/days, required for the completion of a specific work in regards to the pending duration in hours/days remaining for the completion of said work
g. For calculation of percentage of work completed for multiple products and/or services, a cumulative methodology of the above principle has to be implemented.
h. Payment terms are fixed and no changes can be made to those mentioned terms. The company is not responsible for any delay in work resulting from delays in payment, and penalty will be applicable for delayed payments for aforementioned work. Company is not liable for any losses incurred by client due to delays in completion of work.
7. Warranty
a. The company shall provide warranty and service for products which are developed by the company, which includes but not limited to furniture, decorative products, kitchen, ceiling, electrical works, and so on, for a period of 12 months from the date of completion of the project.
b. Product or service as a product related warranty provided for product(s) or work done by third-party vendors will be provided directly by the third-party vendors and warranty coverage duration and scope of warranty lies entirely with the third-party vendor
c. Any alteration or modification done on product(s) and services provided by the company, performed by anyone other than the company appointed person will lose the warranty coverage of said product and service. The company will not be liable for any damage or injury arising out of the same.
d. In case of any issues requiring service of any products within warranty period, arising from faulty components and/or raw material company holds the right to decide to repair or replace a product and/or part of a product to rectify the issue
e. Product serving or issues arising from any product or services after warranty period will be chargeable by the company and the company holds the right to provide and/or deny service for the same
8. Cancellation and Termination Policy
a. The client has the right to cancel the order at any time up to the end of seven working days after the day on which the order is concluded, subject to the following provisions. A working day is any day other than weekends and bank or other public holidays.
b. The client does not have the right to cancel the order if the supply of the Service begins with the payment of 50% amount before the end of the seven working day cancellation period.
c. To exercise the right of cancellation as set out, the Client must give written notice to Black Turtle by hand or email at Black Turtle address.
d. Once the client has notified the company that the Client is cancelling the agreement, the company will within 45 days refund the Client any advances for the Services.
e. Following the seven day period set out, the client has the right to terminate the agreement at any time giving notice in writing to Black Turtle The Client will be liable to pay Black Turtle for the services provided to the date of Termination (including but not limited to Services already performed, goods and materials supplied or ordered on the Client’s behalf, any services that may incur cancellation fees and any travel or accommodation costs incurred by Black Turtle).
f. If the commencement of work gets delayed for reasons such as but not limited to, delay in site handover by developer, delay in acquiring necessary permits and certificates by the client and/or developer, any unforeseeable events either natural or man-made, the company has the right to termination of the agreement and cancellation and/or modification of the services provided by the company
g. A delay by either party in acting on a breach of this agreement will not be regarded as a waiver of the breach. If either party waives a breach of the agreement by the other, the waiver is limited to the particular breach.
h. Termination of agreement will not affect either party’s outstanding rights or duties, including Black Turtle’s right to recover any money owing to it under these terms and conditions.
9. Liability
a. Black Turtle shall have no Liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instruction supplied by the client which is or are incomplete, incorrect or inaccurate.
b. Black Turtle shall not be liable to the Client for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services, including loss of profit or consequential loss or damage.
c. Neither Black Turtle, nor the client shall be liable for any failure to perform its duties due to circumstances beyond its control, including without limitation flood, fire or otherwise adverse weather conditions.
d. To enable Black Turtle to deal with any complaints that may arise relating to the Services, the Client must provide full details of any complaints within 7 days of the supply of the relevant services.
e. Black Turtle shall not be liable to the Client for any unforeseeable loss or damage arising from the provision (or non-provision) of the Services provided by third-party vendors which has been appointed by the company for the services, including but not limited to loss of profit or consequential loss or damage. The third-party vendors will be liable under recognizable laws for damage arising from the provision (or non-provision) of the Services provided, and the company shall assist the client with necessary arbitration for the same against the third-party vendors.
f. Nothing in these Terms and Conditions affects any liability for death or personal injury caused by Black Turtle’ negligence or for fraudulent misrepresentation, or the Client’s statutory rights as a consumer.
10. Arbitration
a. Any controversy, dispute or claim arising out of or relating to this Agreement, or its interpretation, application, or implementation, which the parties are unable to resolve by mutual agreement, shall be settled by binding arbitration under Guwahati Jurisdiction.
b. The Company shall hire arbitrator as per their own will and independence.
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