.These Terms and Conditions is an understanding between Homeme Realty Services Private Limited (hereinafter referred to as the “Company”) and its Customers.HomeMe is a brand of the Company, which is engaged in the business of providing end-to-end home interior solutions for its Customers.Customer refers to an individual, organization or entity that purchases goods or services from HomeMe.
Price Validity
1. The exact price of the Customer project will depend on measurements, scope of work and change in designs / material / finishes. Based on these revisions, Customers can expect the quote value to rise or drop by approximately 5-10%. However, in case of non standard product selection / customization / additional scope of work, the prices may substantially increase from the initial quote value.
2. Based on Customer's initial discussion with the HomeMe representatives, Customer shall make an initial payment of 5% of quote value for booking the order with HomeMe, subject to terms and conditions mentioned herein, if applicable.
3.
The Price structure has 4 Installments:
a. First Installment – 5% of the quote value and is paid at the time
of order booking.
b. Second Installment - 15% of the quote value, which is payable at the
time of First Cut Design Finalization. The Customer order shall move to the
site masking and design finalization stage only after payment of the Second
Installment.
c. Third Installment – 30% of the quote value, which is payable at the
time of signing of the Works Contract. The Customer order shall move to the
production stage only after payment of the Third Installment .
d. Fourth/Final Installment – Remaining 50% of the quote value, which is
payable as per the due date mentioned in the email sent to the Customer.
Note: A non-refundable Convenience fee of 2% (including GST) on payment
amount may be levied on certain modes of payment including Credit card /Debit
card/Net Banking/ Wallet /Etc.
4. The name used for order booking should be in line with the KYC of the customer. No name change or GST number inclusion is possible once order is booked. Disclosing complete names at the time of order booking will help for all legal communications, availing finance options, GST Invoice in case of registered person and processing refund if in case of cancellation as specified in this terms and conditions.
5. For booking an order with HomeMe, Customer quote value should include a minimum of INR 1,50,000 of "woodwork". In case of the quote value having woodwork less than INR 1,50,000, the same shall not be accepted.
6. The initial quote value provided by HomeMe at the time of order booking may not include civil, plumbing, gas-piping or electrical work. The exact value of the quote will depend on the site conditions.
7. The Fourth/ final installment payment has to be completed before the material dispatch from the factory and not before installation. HomeMe shall not dispatch the materials, unless the Final Installment is received and approved by HomeMe.
8. Between First Installment and Third Installment payment stage of Customer order brand partnered categories such as appliances, lights and loose furniture etc. are subject to price fluctuation and may not be available due to stock issues from the manufacturer’s end. In such cases, the Customer will have an option to choose the other available products.
9. We have categorised the work of HomeMe as interior solutions and has been considered as “Works Contract Services of Interior Solutions” (SAC 995476). Place of supply will be considered based on the state where the installation is to be carried out irrespective of bill to state. GST will be collected on each advance payment and GST invoices are raised upon completion of the project.
10. If a customer wishes to make payments in cash, HomeMe can accept cash up to Rs.199,999/- between all the stages of the respective project.
a. Maximum amount of cash that HomeMe accepts without PAN is Rs.49,999/-
b. Maximum amount of cash that HomeMe accepts with PAN is Rs.1,99,999/- and note that, PAN should belong to the customer ONLY and it is mandatory to obtain copy of the PAN from a customer and to be shared with Finance team to approve payments.
c. Orders can not be split to accommodate additional cash from a customer.
11. If the fourth installment (i.e. the final 50 % of the estimate) is not paid by the Customer within the time stipulated in the email sent to the Customer, then the Customer shall be liable to pay a demurrage charge of INR 500 per day, from the second day that the installment becomes due till such time that the same is paid in full.
12. The final quote value shall be valid for a period of six (6) months. In case of extension of the quote validity beyond 6 months, then the prices shall vary, as per the then existing pricing.
13. All payments made by the Customer throughout their engagement with HomeMe should be approved by HomeMe via email communication, and only on such approval, the payment shall be deemed effective.
Installation Checks
1. When civil work is done at site (including false ceiling, electrical, plumbing, gas piping, wall demolition, wall partition, etc.), hand marks and scratches are bound to occur and cannot be avoided. It’s recommended to have a final coat of paint after completion of all interiors.
Delivery and Installation of the Order
1. The delivery and installation of Customer's Order shall be on or before the delivery date prescribed in the Quotation, and at the address given by the Customer.
2. Delivery Date will be calculated from the date of completion of the following requirements (“All-Set-Go”):
a. Both Parties, Customer and HomeMe, signing off on the designs and specifications for the home interiors;
b. Customer making all payments, strictly in accordance with the specified payment milestones. The Delivery Guarantee will commence from the date of approval of payment, which shall be confirmed via email by HomeMe; and
c. Customer handing over the Site to HomeMe in a condition that meets the requirements of Customer’s Site Readiness Checklist as per the Works Contract.
Note: Back panel shall be PreLam MDF for all carcasses in any core material other than BWP (Boiling water proof) Ply. For all carcass with BWP (Boiling water proof) Ply as core material; the back panel (wherever applicable) is to be Ply"
Delivery Guarantee
Customers may be entitled to the benefit of HomeMe’s Delivery Guarantee, depending on the Scope of work, and subject to achieving All-Set-Go. Customers may either be provided with a (i) 45 days’ delivery Guarantee; or (ii) (45 + 10) days delivery Guarantee, or (iii) Nil Guarantee, subject to the Categories mentioned below. In all other cases, the Delivery Date is an estimate, and HomeMe shall not be in breach if the same is not adhered to.
1. Standard HomeMe Offerings: A 45-day delivery guarantee shall be applicable to Customer project if the Customer overall scope of services includes items from the following “Type A” categories only.
a. Modular / Fit-out Furniture (incl. installation)
b. False Ceiling
c. Standard Electrical Works (creation of new points, shifting of existing points)
d. Countertop services (granite removal, chipping and installation)
e. Appliances (incl. installation)
f. Lighting (incl. installation)
g. Loose Furniture (Except the brands: Urban Ladder, Duian, FabIndia, @home by Nilkamal, which shall fall under No Delivery Guarantee under Type C)
h. Mattresses (Except from Urban Ladder, which shall fall under No Delivery Guarantee)
i. Cleaning Services
2. Additional Services: A 45+10 day delivery guarantee is applicable to the Customer project if the Customer's overall scope of services includes any items from the following “Type B” categories along with items from above mentioned “Type A” categories.
a. Wallpaper (incl. Installation)
b. Wooden Flooring
c. Painting: Phase 2 (typically final coat of paint)
d. Non-texture Painting
e. Cleaning Services
3. Non Standard Categories: A fixed timeline delivery guarantee will NOT be applicable on the Customer project if it includes items from any of the following “Type C” categories:
a. Loose Furniture (Urban Ladder, Fab India, Durian, @home by Nilkamal Products)
b. Wall Art (Artezone)
c. Home Automation (Schneider, Smitch)
d. Texture Painting (Incl. final coat of paint); Or
e. If the Customer's overall scope of services includes Non-Standard Electrical Works, Civil/ Renovation activities.
4. The fixed timeline delivery guarantee period, if applicable, will begin once all 3 of the following stages are complete:
a. Customer and HomeMe project team should have signed off on the design.
b. Customer has accepted the HomeMe Works Contract.
c. The payment for the Customer's third installment is received and approved by HomeMe.
5. Pre-conditions to our Delivery Guarantee: All items contained in the site-readiness checklist should be complete when HomeMe begins the installation process.
6. If an item is not marked with any category symbol in the quotation then it shall be assumed that it belongs to the “Type A” Category wherein a 45 days delivery guarantee will be applicable.
7. HomeMe shall not be held liable for any delays in delivery that are caused by Customer or due to an event of Force Majeure.
8. The word "Guarantee" or "Guaranteed" is used in marketing, branding, promotions, other places on the website and/or such other Products owned and managed by HomeMe, in common parlance only and it should be interpreted accordingly.
Pre-Conditions for Delivery Guarantee
The Delivery Guarantee shall not be applicable in the following cases.
1. If the following items are in the Customer's scope or the builder’s scope:
a. Granite supply or installation;
b. Hob and /or chimney supply or installation; or
c. Electrical point shifting;
2. If the site has restrictions on work timings during the day.
3. If the Customer is not in full possession of the site and temporary possession has been allowed by the builder.
4. If there is concurrent work being done at the site by any other third party contractor like Painting, WallPaper, Wooden Flooring or Carpentry Work during installation, and work being executed by the builder such as civil works, core-cutting, painting, etc.
5. If there are any changes to designs after the order is in production.
6. If the Customer is living at the site at the time of installation.
7. Abnormal hindrances in execution like Continuous Lack of Power, Non-Working Lifts, No Permission from Builder, etc.
8. If any litigation related to the property, site or any other issues related to the Customer or builder or any third party which disrupts the work of HomeMe.
9. A Force Majeure event occurs. (A Force Majeure event refers to the acts of God including; such as flooding, hurricane, earthquake, lightning, any natural calamities etc., environmental condition such as air pollution, solvent exposure, mold, mildew etc., or staining from foreign substances such as dirt, grease, oils, sprays etc. fire, acts of war, acts of terrorism, pandemic, lockdown, acts of Government or any other event which is beyond the control of HomeMe)
10. OEM replacements due to functional defects found at the time of handover are outside the Delivery Guarantee. The replacements will be done free of cost based on the OEM timeline and HomeMe will facilitate the replacements. Eg. hardware, appliances like hob and chimney, accessories, colour mismatch or scratches in handles, etc.
11. Deep scratches found on shutters after peeling off of protective liners will be replaced by HomeMe if they are not removable using polishing agents, but they are outside of Delivery Guarantee.
12. Shade variation for the same colour of shutter finish will be replaced based on OEM (like Merino, Associate, ActionTesa, etc.) timeline, free of cost, but the same will be outside of Delivery Guarantee. HomeMe will facilitate the replacements through OEMs.
13. If the woodwork component of the quote is equal to or greater than INR 15 lakhs then the Delivery Guarantee will not be applicable due to the volume of work involved.
Warranty - Product and Service
1. FLAT 10 YEAR WARRANTY: All Customer's woodwork is covered under HomeMe’s Flat 10 Years Warranty. This safeguards you against any defect in manufacturing of woodwork items or in installation workmanship.
2. All accessories, hardware, appliances etc. procured from OEMs are covered as per the respective Manufacturer’s Warranty Policy.
3. HomeMe also provides Service Warranty on certain offerings, as outlined hereunder.
4. A detailed description of our Warranty Policy is also mentioned in the HomeMe Works Contract and FAQ section at www.homeme.in/care for the Customer's reference. Customers can refer to the Works Contract at the time of making the 3rd Installment payment of the quote value.
Warranty Details:
HomeMe provides warranty on the Products and Services, as per the following categories:
1. Covered Products – HomeMe’s Product Warranty
In case of any manufacturing defect in any of the following Products, and the same being in the warranty period, HomeMe shall repair or replace, at its discretion, the said Products.
Product |
Warranty Period |
Remarks |
Exceptions |
Cabinet, Carcass |
10 Years |
Covers all core material: BWP Plywood, BWR Plywood and HydroGuard Plus - HDF, HDHMR; Covers against delamination and edgeband peeling |
*A comprehensive list of Exceptions are covered below under the heading “Limitations to Warranty” |
Shutter |
10 Years |
Covers all finishes and core material:
BWP Plywood, BWR Plywood, HydroGuard Plus - HDF, Aluminium Shutter Frame; |
*A comprehensive list of Exceptions are covered below under the heading “Limitations to Warranty” |
2. Products from OEMs
In case of certain Products (as listed below) being procured from original equipment manufacturers (OEM) and supplied to the Customer, the Customer shall be provided with the warranty as provided by such OEM.
Product |
Warranty Period |
Remarks |
Exceptions |
Hardware, Accessory |
Manufacturer’s Warranty |
N/A |
Customers are advised to not use household cleaning agents, chemical sprays, etc; Does NOT cover damage caused by misuse, negligence, normal wear and tear |
Appliances |
Manufacturer’s Warranty |
N/A |
Labour, Cleaning Charges (for Chimney) will be charge extra |
Sink, Tap, Other Plumbing Installation |
Manufacturer’s Warranty |
No warranty for installation services and leakage post-handover |
Inspection to be done by customer during handover and issues, if any, will be rectified |
Switches, Lights, Other Electrical Installation |
Manufacturer’s Warranty |
Labour Charges of Rs. 500 will be charged for any replacement |
Wiring inspection to be done by customer during handover and issues, if any, will be rectified |
3.No Warranty Products
All other items, Products or materials supplied or used by HomeMe, an illustrative list of which is provided below, are provided on an as-is basis, without warranties of any kind.
Product |
Warranty Period |
Exceptions |
Countertop (Material) |
No Warranty |
N/A |
Gas Piping |
No Warranty |
Inspection to be done by customer during handover and issues, if any, will be rectified |
Mirror, Glass, Other Fragile Item |
No Warranty |
N/A |
4.Covered Services – HomeMe’s Service Warranty
In case of any installation defect in any of the following Product(s),
within the specified warranty periods following handover date, HomeMe shall repair, at its discretion, the said
Products, with respect to underlined service issues and exceptions.
Note: The warranty period, as mentioned hereunder, shall be upto a period of
one (1) year from the date of handover. During the first six (6) months of the
warranty period, HomeMe shall provide 100%
warranty on the same, as mentioned, while for the remaining six (6) months, HomeMe shall be liable for 75% of the warranty cost,
and the remaining 25% of the warranty cost should be borne by the customer.
Product |
Warranty Period |
Remarks |
Exceptions |
Countertop |
1 Year |
1 Year warranty on installation only. |
Does NOT cover damage caused by misuse,
negligence, normal wear and tear. |
False Ceiling |
1 Year |
1 Year warranty for material and
installation. |
Does NOT cover intermittent dripping of
water due to proximity of vegetation or air-conditioning units or any other
sources of water leakage or dampness. |
Painting |
1 Year |
The painting surface area should be
more than 250 sq. ft. |
Does NOT cover if paint code is
discontinued by the manufacturer. |
Electrical |
1 Year |
The Electrical scope of work should
exceed Rs.50,000/- post discount. |
Does NOT cover electrical fixtures like
lights, fans and appliances under electrical warranty and carry their
respective Brand warranty. |
Plumbing |
1 Year |
Plumbing Scope of Work should exceed
Rs. 20,000/- post discount. |
NOT APPLICABLE where plumbing material
is discontinued by the manufacturer. |
Civil |
1 Year |
Covers civil works limited to dado
tiling, flooring and skirting tiling/ marble laying for material and
workmanship failure subject to inspection by HomeMe care representative. |
NOT APPLICABLE where tile and marble is
discontinued by the manufacturer. |
Custom Work |
1 Year |
Covers custom carpentry, for material
and workmanship failure subject to inspection by HomeMe care representative. |
Does NOT cover if fading of colour/
patterns, peeling of edge banding is caused due to improper
maintenance and exposure to direct/ indirect sunlight, heat, moisture,
dampness and improper use and maintenance. |
Shower Cubicles/ Enclosures |
1 Year |
All shower cubicles and windows are
eligible for a 1 year warranty for material and workmanship failure. |
Does NOT cover claims arising from
abuse, misuse, negligence, leakages, abrasives, accidents, improper operations
and natural disaster. |
Limitations to Warranty
HomeMe does not warrant against and is not responsible for: (a) any condition
of the Warranty Covered Products attributable to; or (b) any damage to such
Products caused by any of the following:
1. Wear and tear suffered through normal use (including scratches, dents and cuts) or damage caused by impacts or accidents or mishandling.
2. Does NOT cover damage caused by misuse, negligence, normal wear and tear.
3. Only bends that are >3mm will be attended by HomeMe.
4. Water leakage and seepage within the building structure and continuous dampness of the surface beyond (i) 72 hours for BWP grade plywood (IS710); 48 hours for BWR grade plywood (IS303); and 24 hours for exterior grade PB and HydroGuard Plus - HDF materials.
5. Degradation, discolouration, damage, fading, etc. in colour, grain, or texture of natural wood materials, laminates and other materials due to exposure to intensive or excessive light, sunlight, moisture or heat or other environmental factors.
6. Use of inappropriate chemicals, detergents, abrasives or other inappropriate cleaning agents that can damage the wooden surface of the products or rust the accessories.
7. Mistreatment, negligent use, misuse, insufficient or improper care (including but not limited to exposure to harsh weather conditions).
8. Alterations, modifications or use of products which are beyond or inconsistent with the supplied product instructions by HomeMe and/ the usage of products which have not been authorised by HomeMe.
9. Destroyed, damaged or becomes unusable due to any Force Majeure event. (A Force Majeure event refers to the acts of God including; such as flooding, hurricane, earthquake, lightning, any natural calamities etc., environmental condition such as air pollution, solvent exposure, mold, mildew etc., or staining from foreign substances such as dirt, grease, oils, sprays etc. fire, acts of war, acts of terrorism, pandemic, lockdown, acts of Government or any other event which is beyond the control of HomeMe)
10. Improper maintenance of the Covered Products the same not being utilised for the intended purpose;
11. In case of a resale of the Covered Products (either as part of the sale of Customer’s property or otherwise);
12. The Covered Products have been subject to re-installation, repair or alteration by any person not authorised by HomeMe;
13. Rusting of channels, hinges and other metallic parts, as these could be damaged due to household chemicals and sprays;
Procedure to claim Warranty
1. For claiming warranty against any of the Covered Products which is valid under the warranty terms, Customer shall raise a ticket on the Website or call on HomeMe's contact number, identifying the Covered Product and the defect observed, including photographs and/or other proofs of the same.
2. Once HomeMe receives a Customer's written notice, HomeMe shall send their authorised representative to the Customer's Site for inspection and assessing the same to confirm whether the claim is covered under Warranty.
3. If it is covered under warranty as per HomeMe representative’s information, HomeMe shall either arrange for repair or replace the defective Product.
4. In case of replacement: HomeMe shall provide a similar Product that is as close as possible in dimension, function and colour to the defective product. HomeMe does not guarantee that the replacement product will be exactly the same as the Covered defective Product. A replacement Product will not be covered by any further warranties. i.e. no fresh warranty shall be applicable on a replaced product, which shall be covered under the original warranty term.
Service and Maintenance
1. For the first 6 months from the date of handover, 1 (one) free service is provided to the Customers to address routine maintenance issues in respect of moving parts (hinges, channels etc.), such as alignment, the parts becoming loose, etc
2. To avail the free service, Customer should schedule a visit by contacting HomeMe’s customer care number or raise your request through www.homeme.in/care. If the free service is not availed by Customer within the aforesaid period of 6 months, HomeMe’s obligation to provide such free service shall lapse.
3. After the period of 6 months from the date of handover, in case of maintenance requirement, Customers can seek paid maintenance services, by contacting HomeMe’s customer care and scheduling a service visit. Such a visit shall be chargeable at HomeMe’s then current service visit rates.
4. Any repairs or replacements advised during a service visit (whether free or paid-for), or any maintenance that may be sought by Customer, which is not covered under the Warranty terms, shall be done at additional charges. HomeMe will provide Customer an estimate of such additional charges after inspection and assessment during the service visit.
HomeMe Care
1. For any concerns regarding their project, Customers can raise a request through www.homeme.in/care.html .
2. HomeMe shall provide one service visit to the site, free-of-cost, within 6 months from the date of handover, for routine checks which cover moving parts like hinges, channels, etc. The Care team will contact the Customer to schedule the visit. The free service addresses issues like minor alignment, loose parts, etc. It also covers general alignment check of all shutters, lofts, the functioning of drawers and all accessories, and any additional concealment of wiring for the TV unit.
3. Since some products are designed to have a lot of moving parts, HomeMe's products may require occasional re-alignment and servicing. If there are any service and maintenance requests after the free service, they will be taken up on a chargeable basis. HomeMe’s current service visit fee is a sum of Rs. 700 (Rupees Seven Hundred ) per visit. This visit includes re-alignment of all products, but without any replacements. This request will have to be raised by the customer through www.homeme.in/care.html .
4. If the work includes re-alignment of units and/or replacement of items not covered under warranty (due to physical damage, continuous water leakage, rusting, etc), the cost of replacement will be over and above Rs. 700, and a bill for the same will be provided after the visit.
Cleaning Services
Post installation, the following set of services will be done at the site:
1. Dusting, sweeping and mopping of all areas.
2. Cleaning of doors of the cabinets to remove pencil marks and dust.
3. Cleaning the insides of wooden cabinets.
4. Deep cleaning with the use of mechanical equipment is out of scope.
Unloading Services
Any movement of materials by stairs above 2nd floor will attract the following
additional charge/s:
1. A fixed unloading charge of Rs. 5000 shall be charged for movement of material from 3rd floor and above where the service lift is unavailable.
2. An additional charge of Rs. 1000 will be applicable for each floor movement of material from the 9th floor and above, where the service lift is unavailable.
Cancellation Policy
Time of cancellation |
Stage of Order |
Policy |
Within 48 hours from order booking (payment of First Installment i.e. 5% of Order Value) and if Site Measurement and First Design Discussion has not happened |
Pre- Design Stage |
100% refund of the Order Booking Amount shall be made (i.e.5% of Order Value) |
After 48 hours of order booking, and before First Cut Design Finalization is completed or 60 days have not elapsed from order booking date, whichever is earlier |
Design Stage |
There shall be no refund of the Order Booking Amount at this stage, however, the same shall be adjusted for the Customer's future order, limited to specific items, from the HomeMe store website, up to 6 months from the date of cancellation. The Customer has to utilize the Order Booking Amount, in one single order, and cannot place multiple/subsequent orders against the Order Booking Amount. after 6 months from the date of
cancellation. |
If First Cut Design Finalization is completed, or 60 days have elapsed from order booking date, whichever is earlier |
Design Stage |
Nil refund. |
Any time after signing of the Works Contract |
Production Stage and beyond |
Nil refund. of Order Value of the project to HomeMe i.e. the remaining 50%, in compliance with the Works Contract. |
At
HomMe, our primary goal is to ensure the successful completion of every order.
However, as we rely on various stakeholders including manufacturers, raw
material providers, accessory suppliers, there may be some instances where we
need to make changes to our prices and material offerings. In these
circumstances, we owe it to our customers to be fair and transparent, also
allowing them to cancel their order if the situation demands. For all other
instances, we would like to draw the Customer your attention to the table
provided below:
Notes:
1.
Time period is computed from the date of order booking ( i.e. Order
Booking Amount received by HomeMe)
2.
Order Booking Amount – The payment of 5% of Order
Value by the Customer at the stage of order booking.
3. Design Stage: This Stage commences after Customer makes payment towards 1st instalment (5 % of the Order Value ), and ends before payment of the third installment (30% of Order Value).
4. Production Stage: This Stage commences when the Customer makes successful payment towards third installment i.e. 30% of the Order value. It is during this stage the orders are pushed for production.
5. First Design Discussion: This is the date of very first offline/online design discussion between the Customer and HomeMe representatives.
6. Site Measurement: Site Measurement refers to the date when HomeMe representatives visit the Customer site for measurement/masking.
7. Order Value - This can be defined as the total value of the Customer's project that shall be paid to HomeMe, as finalised post the confirmation of quote. This value is inclusive of all discounts and tax, as applicable.
8. Refunds as per above Cancellation Policy as applicable will be processed only to the customer's bank account irrespective of what mode and from whose account from which HomeMe has received the original payment.
Customer Conduct
1. HomeMe prohibits discrimination against its representatives including on the basis of sex, race, religion, caste, origin, disability, marital status, gender identity, age, or any other characteristic that may be protected under applicable law.
2. Customers are directed to treat all our representatives with respect and courtesy, and provide them a safe and compliant (under all applicable laws, bylaws including society norms, if any) location to perform service(s) at the project site. HomeMe shall be entitled to refuse to perform any service(s) if the Customer don’t comply with this section and/or the Customer has not provided a safe and compliant location and/or Customer has behaved in a discourteous, disrespectful, abusive, or otherwise inappropriate manner or any other issues related to the Customer that affects the HomeMe services, than HomeMe reserves the right to withhold the services at its absolute discretion until the requirements under this section are fully complied w by the Customer. Please note, non-compliance under this section may result in delay and affect the timeline of Delivery Guarantee (if applicable) in the Customer project and such delay shall not be treated as breach by HomeMe under the Works Contract and/or Quotation agreed upon with you and any loss or delay due to your non-compliance of this section shall amount to breach by Customer under the Works Contract and/or Quotation, as applicable.
3. Customers agree that in an event where our representative behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, Customer shall be required to report such incident with valid proofs at www.homeme.in/care.html and www.homeme.in/care.html with immediate effect but in any event not later than 48 hours of such incident.
4. Customers are directed to keep all your communications in writing with our representative on their official email and keep the necessary POC designated by HomeMe in loop, if applicable. In case of any other assistance on your project, you may reach out to the Care Team at www.homeme.in/care.html . Any complaint/escalation marked to unnecessary party/s in HomeMe shall be treated as non-compliance of this section and HomeMe reserves its right to take appropriate action as available under the applicable law.
PERSONAL DATA AND PRIVACY POLICY
1. The Customer explicitly grants authorization to HomeMe for the collection, storage, retention, processing, and utilization of personal data, including contact information, as outlined in our Privacy Policy. The Company shall use the personal data of the Customer only for the legitimate use to provide the product and services to the Customer.
2. The Customer authorizes the Company to contact them through various channels such as phone, SMS, WhatsApp, and email. It is understood that such communication will exclusively pertain to the products or services provided, and the confidentiality of personal data, including contact information will be maintained. HomeMe retains the right to photograph and publish the completed work.
3. Furthermore, the Customer allows the Company to share personal data, including contact information, with the vendors, franchisees and third-party suppliers, in accordance with our Privacy Policy.
4. For a comprehensive understanding of our data handling practices, please refer to our Privacy Policy at https://www.homeme.in/care.html. We strongly recommend that the Customer reads the Privacy Policy to ensure awareness of the terms and conditions.
5. The customer confirms that they have read and agreed that all the terms of the works contract are accurate to the best of their knowledge and align with their requests.
GOVERNING LAW AND JURISDICTION
1. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of India.
2. Any dispute arising out of or in relation to this shall be subject to the exclusive jurisdiction of the courts at Lucknow, Uttar Pradesh, India.
CUSTOM QUOTATION OFFERINGS - Terms and Conditions*
The Custom Quotation Offerings – Terms and Conditions (“Custom Quotation T&Cs”) shall be applicable on the Custom Quotation provided by HomeMe to the Customer, if any, wherein HomeMe shall get the Custom work done through their Vendors. These Vendors through their expertise and experience, handle the necessary work involved in customs work of the Customer. The responsibility for the completion and quality of custom work as mentioned in the Quotation, lies soley with the Vendors, except as specified in this Terms & Conditions.
Please note, the Custom Quotation T&Cs are subject to other applicable Service Terms and Conditions and shall be read with the covenants mentioned in the Works Contract, and such other documents provided by HomeMe under the project:
1. Vendor/s - refers to individuals, organizations or Companies that are associated with HomeMe for providing the Services related to Custom Work.
2. Custom Work: Any/all custom work in the Quotation shall be differentiated from HomeMe’s standard offerings, by using the terminology “Custom” prior to the description of such product/service, hereinafter referred as “Custom Work” and the underlined scope as “Custom Scope of Work”.
3. Data Protection and Customer Consent (“Consent”). This Consent pertains to the sharing of Customers information with Vendors engaged by Homeme for the purpose of providing Custom Work. In relation to the Custom Work, HomeMe shall share customer information, as provided by the Customer, with the Vendors undertaking the Custom Scope of Work. The Customer information may include customer name, phone number, address, site address etc. which are necessary for carrying out the Custom Scope of Work. In this regard, the Customer explicitly consents to sharing of such information with the Vendors engaged by HomeMe without any restrictions. The Customer acknowledges and understands that sharing this information with the Vendors is essential to fulfill the custom work requested by the Customer.
4. Designs - The designs for the Custom Scope of Work shall be provided by HomeMe, in discussion with the Customer, however, the same may be subject to alteration, based on the feedback of the Vendor providing such Custom Scope of Work, post site measurement. It is to be noted that Customers can discuss the changes/alterations, however, there can be no changes/revisions to the designs finalized, post the payment of Third Installment by the Customer.
5. Non-Solicitation - Customer shall not approach any Vendors undertaking the Custom Scope of Work, directly or indirectly, without the explicit written consent of HomeMe.
6. In case of any issues, concerns or dispute arising out of such services/products provided by the Vendor or its representative(s) to the Customer under the Custom Scope of Work, the Customer should reach out to the HomeMe care team for resolution, if such issues/concerns comes after handover of the project, and with the HomeMe project manager dealing with the Customer project, in case of any issues/concerns and/or dispute before handover of the project.
7. Customer shall not indulge in any unethical/illegal practices including but not limited to bribery, or any direct payment to the Vendor or its representative(s) either in cash or kind. HomeMe shall act as the sole point of contact between the Customer and Vendor for the purpose of facilitating the Custom Scope of Work through the Vendor, under Custom Quotation. Customer hereby represents and agrees that in connection with the Custom Scope of Work, it shall keep all the communications with the Vendor aligned with HomeMe, and keep the necessary POC from HomeMe informed at all times to avoid conflict of interest, and shall not engage in any mal-practices including but not limited to bribery or any such unethical/illegal acts, for securing an improper advantage for such Custom Work.
8. No-Delivery Guarantee: In case of there being any Custom Work in the overall scope of project, such project shall automatically be categorized under Nil Guarantee i.e. No Delivery Timeline Guarantee project.
9. Warranty – HomeMe shall provide 1 year warranty on the Custom Scope of Work from the date of handover, as per the details comprehensively mentioned above, under the heading “Warranty Details”.
10.tCustom Scope of Work shall be dependent upon the measurements, change in design, material, finishes etc. Based on such revisions, the cost of Custom Work may increase or decrease by approximately 10 to 20%. In some cases, the percentage may be higher, depending on the quality/finish of products and specifications, changes in designs finalized by the Customer etc. Please note, no further changes shall be possible after payment of the Third Installment and, the final cost of Quotation at Third Installment shall be the final Price and will not be subject to any change(s) thereafter.
11. Relationship between HomeMe and the Vendor: HomeMe shall act as a facilitator between the Vendor and the Customer for enabling the Custom Work. HomeMe is not liable for any product or service(s) to be rendered by the Vendor unless mentioned otherwise hereunder.
12. These Custom Quotation T&Cs are governed by the laws of India. Any dispute shall be governed exclusively by the courts of Lucknow (U.P) only.
13. In case of conflict between the Customer Quotation T&Cs and other Terms and Conditions including Works Contract, the provisions under the Works Contract shall prevail.
14. In the event of any misuse or abuse of the process by the Customer and/or Vendor, HomeMe reserves the right to deny or cancel the project without any liability.
15. HomeMe shall not be liable for any loss or damage resulting from material breach of any terms and condition(s) by the Customer, including negligence.
16. HomeMe shall not be liable for any indirect, punitive, special, incidental or consequential damages arising out or in connection with the Custom Work.
17. HomeMe shall not be liable for loss or damage arising due to Force Majeure event.
18. In any event, the entire liability of HomeMe under Custom Work shall not exceed the amount of price paid to HomeMe for such Custom Scope of Work, at the time of dispute.
19.
HomeMe reserves the right to alter, modify or withdraw the Custom Work
and underlined T&Cs anytime without any liability.
INTELLECTUAL PROPERTY RIGHTS
a. The Client acknowledges that the Service Provider remains the owner of all Designer’s Background IP.
b. The Service Provider acknowledges that the Client remains the owner of all Client’s Background IP.
c. The Client acknowledges and agrees that all Developed IP is vested in the Service Provider and is the Service Provider’s property as and when created, and the Client hereby assigns all rights, title and interest in and to the Developed IP to the Service Provider.
d. The Service Provider grants to the Client a non-exclusive, non-transferable (except to third parties for the purposes of the Project), revocable licence to use the Service Provider’s Background IP and Developed IP for the sole purpose of the Project.
e. The Client must not disclose, reproduce or otherwise deal with the Developed IP or Service Provider’s Background IP, or allow any other person to do the same, for any purpose other than the Project.
f. Any modifications, improvements or alterations by the Service Provider to the Client’s Background IP are owned by and vest in the Service Provider, irrespective of whether the Client has or has not consented to the modifications, improvements or alterations.
g. The Client warrants that, unless otherwise provided in the agreement the Client’s requirements, design, materials, documents and methods of working, each specified in the agreement or provided or directed by the Client, shall not infringe any Intellectual Property Right.
h. The Service Provider warrants that any other documents and methods of working, each provided by the Service Provider, shall not infringe any Intellectual Property Right.
i. Each party shall indemnify the other against such respective infringements.
CONFIDENTIALITY
Each party shall keep all Confidential Information confidential, and shall not without the prior written consent of the other party:
a. make available, communicate or disclose the confidential information or any part of it to any person, firm or company other than those of its Personnel requiring the confidential information for the purpose of the agreement or for the purpose of complying with applicable laws; or
b. use or allow its personnel to use any confidential information for any purpose other than in relation to the provision of obligations under the agreement.
12. Entire Agreement. This Agreement contains the entire understanding between the Parties and supersedes and cancels all prior agreements of the Parties, whether oral or written, with respect to such subject matter.
13. Notices. Any notice or other communication given or made to any Party under this Agreement shall be in writing and delivered by hand, sent by overnight courier service or sent by certified or registered mail, return receipt requested, to the address stated above or to another address as that Party may subsequently designate by notice and shall be deemed given on the date of delivery.
14. Waiver. No Party shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing. Waiver by any Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any other subsequent breach or violation.
15. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision of this Agreement.This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together, shall constitute one and the same document.