Terms and Conditions
The domain name www.xfactory.in (hereinafter referred to as "website") is owned by Kayoma India Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at #205, Ashoka Capitol, Road No.2, Banjara Hills, Hyderabad-500034, Telangana, India (hereinafter referred to as " xfactory.in ").
These terms and conditions of use shall apply to people who access the website (as defined below) and to people to whom services are provided by xfactory.in.
xfactory.in essentially owns and operates an online market place on its website which acts as an online platform for different sellers to sell their products (hereinafter "Sellers") and for different users to access a range of products and to purchase the products (as defined below) offered by sellers.
In the event that you access or use the website or the services in contravention or violation of any of the terms, you shall be deemed to be an unauthorized user and xfactory.in shall be entitled to terminate the user agreement immediately, block your registered account and remove any information or posting which does not comply with the terms or any law in force in India. xfactory.in shall also be entitled to block access for you to the website or seek any additional relief as available under law.
The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services, after sales services related to products and services. All discounts, offers (including exchange offers) are by the seller/brand and not by xfactory.in.
xfactory.in does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the website. xfactory.in does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the website. xfactory.in accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
xfactory.in does not make any representation or warranty as to the item-specifics (such as legal title, credit worthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the website and use your best judgment on that behalf.
Placement of order by a buyer with seller on the website is an offer to buy the product(s) in the order by the buyer to the seller and it shall not be construed as seller's acceptance of buyer's offer to buy the product(s) ordered. The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by seller, shall be refunded to the buyer. Further, the seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption.
xfactory.in is not responsible for any kind of unsatisfactory or delayed performance of services or damages and delay as a result of products which are out of stock, unavailable or back ordered.
Registration on the website is free for buyers. xfactory.in does not charge any fee for browsing and buying on the website. xfactory.in reserves the right to change its fee policy from time to time. In particular, xfactory.in may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event, xfactory.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Kayoma India Private Limited.
Acceptance of the Terms, Modifications and Consequences of Violation of the Terms
Please ensure that you read and understand the terms carefully. By accessing the website and/or using the services, you agree to be bound by the terms and signify your absolute and unqualified acceptance thereof without fraud, coercion or undue influence. If you do not agree with any of the terms, please do not access the website or use the services. The user further represents that he/she has the necessary capacity to contract under Indian laws or the laws applicable to the user and is capable of performing the obligations required of the user under the terms. The user shall be obliged to inform xfactory.in of any subsequent disability to contract, upon which xfactory.in shall be entitled to terminate the user agreement without notice or to modify the terms in their application to such user.
"xfactory.in" or "we/our/us"
Shall mean Kayoma India Private Limited, incorporated under the laws of India, having its registered office at #203, Ashoka Capitol, Road No.2, Banjara Hills, Hyderabad-500034, being the owner of the website and its representatives, officers, successors and assignees and as referred to in these terms.
Shall mean people other than registered users who have access to the website with the intention to browse the products available without a registered account and who may purchase product(s) without being a registered user.
Shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type whether or not capable of being registered.
Shall mean and include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated.
Shall mean the construction and industrial related product(s), made available by the seller for sale on the xfactory.in website and includes but is not limited to construction & industrial materials, furniture fixtures, home accessories, lights, carpentry material, painting materials etc.
Shall mean the user account created by the registered user on the website with a user login ID and password for the purpose of availing the services and all codes, information, passwords and other information pertaining to the registered account.
Shall mean a person registered with the website with a login ID and password and who hold registered accounts and may include a buyer or a seller.
Would mean any person who does not have a legal right to access the website or avail the services, any person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the website or availing the services or hackers. Such unauthorized user would also be fully bound by the terms, conditions and obligations set forth in the terms and shall be liable to abide by the same.
"User(s)" or "you/your"
Shall include both authorized users and unauthorized users.
Shall mean any person who is a registered user, who will be providing the product(s) for sale to the buyer in pursuance of the order placed on the website and subject to the terms.
Shall mean the services offered by xfactory.in through the website whereby an authorized user may access the website to view, upload and access a range of products displayed therein to sell and to purchase the products offered by the sellers.
Shall mean the legally binding contract deemed to exist between a user and xfactory.in and shall consist of the terms as modified from time to time. However, it is hereby clarified that so far these terms also apply to an unauthorized user, the user agreement shall only serve to define the obligations and liabilities of such unauthorized user and shall not bind xfactory.in to perform any services or conditions or obligations, nor does it entitle the unauthorized user to claim any rights, protection or benefits of any nature whatsoever thereunder.
Shall mean the e-commerce website www.xfactory.in. It is a platform that users utilize for their transactions. xfactory.in is not and cannot be a party to or control in any manner for any transaction between the website's users.
Registered Account Access
- The registered user’s information shall be kept confidential and will not be disclosed to any person pertaining to the registered user's account and all activities carried out by the registered user through his/her registered account.
- The registered user shall access the website and avail the services only through their own registered valid account created and shall not permit any other person to use or access the website or services through the user's registered account.
- The registered user shall immediately notify xfactory.in of any unauthorized use of the registered user's registered account or any other breach of security known to the user vis-à-vis the registered account.
- The registered user shall be responsible for the set-up or configuration of their equipment for access to the website and the services.
- The registered user shall have an option of uploading their existing supplier database like supplier name, contact person, phone number, email id, address and any other details which shall become automatically available on the website for other registered users too for making transaction and all data including any public domain data entered by the registered user on the website shall belong to xfactory.in.
- The registered user shall be fully liable for all transactions and activity carried out through the registered account, unless the registered user has informed xfactory.in about any hacking, breach of security or unauthorized access of the registered account, whether past, possible or threatened.
- By signing up with xfactory.in, you allow xfactory.in and its partners to run a CIBIL/Experian or an equivalent report for you, associated business entity and all partners/directors of the business entity.