Masa Gaia
Masa Gaia
Roshan Gate, Aurangabad, Maharashtra
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Our Business Philosophy

TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES

OVERVIEW & INDEX

1. ORDERS

1.1 Product Offering
1.2 Order Acceptance

2. PRICE / PAYMENT

2.1 Product Prices
2.2 Shipping Charges
2.3 Payment

3. DELIVERY

3.1 Acceptance and Claims

4. WARRANTY – LIABILITY
4.1 Three Days Limited Warranty
4.2 Fumigation Certificate
4.3 Liability of Users

5. MISCELLANEOUS

5.1 Proof
5.2 Severability
5.3 Non-Waiver
5.4 Title
5.5 Modification of the General Terms of Sale.
5.6 Small Knocks & Bumps Due to Shipping.
5.7 Governing Law and Jurisdiction.
5.8 Overseas Customers

Our Business Philosophy

TERMS AND CONDITIONS OF SALE OF GOODS AND SERVICES

Masa Gaia (Shop Act Registration No. 345/20/11/2012)

We sincerely appreciate your business therefore before ordering we strongly recommend that you carefully read the following terms and conditions to ensure a smooth business transaction. Last updated: 01/01/2014
These Terms and Conditions apply to all transactions on this site and with Masa Gaia. Please read them carefully and we may change these terms and conditions at any time.

OUR CONTRACT
Please note: that these e-mails are acknowledgements, not acceptance of your order. We will contact you within two to five working days if we are not able to fulfill the order for any reasons. Please note email correspondent between Masa Gaia and you is confidential and should not be shared with any third party unless a prior agreement.
All information of the transacted business may not be shared to any third party or posted online. Goods are non-refundable; however you may do an exchange of ready stock in the same or lower value of your purchase. Materials & Colour is subject to availability and may replace with another similar color. Masa Gaia reserves the right to change the price of any product at any point of time or cancel of any sale.

1. ORDERS
1.1 Product Offering
The Product offering presented on the Website of Masa Gaia is valid subject to availability. However we cannot guarantee that the colour you see on the Website or in the catalogues matches the product colour as the display of the colour depends, in part, upon the browser and monitor you are using. Masa Gaia cannot be held liable for inaccuracies of the photographs on the Website.

In addition, there may be differences between the Products shipped and those shown on the Website or in the catalogue, primarily for handcrafted Products each of which is unique and Products for which technical or technological modifications have been made. Orders cannot be canceled and shipments cannot be refused due to such differences provided that they do not affect the essential features or quality of the Products.

1.2 Order Acceptance
By confirming your order, you are making a firm order. The order becomes firm for Masa Gaia any payment of value is validated and the order is recorded. Please note that payment is required upfront for all orders prior to shipment and delivery.

2. PRICE / PAYMENT
2.1 Product Prices
The Product prices are indicated in United States Dollars. Prices are guaranteed through every 02 months subject to typographical errors or modifications to sales which will immediately be reflected in the prices.

2.2 Shipping Charges
Usually shipping cost is at 30% cost of the furniture. Absorbing shipping cost will depend on the quantity and the furniture you choose. Masa Gaia will not be held responsible if shipment or customs delay, penalty, warehouse charges. Shipment will be booked immediately after sending the final invoice. In the event of delay in the payment Masa Gaia will not be responsible for any penalties applied by the shipping line. If any penalty, storage or warehouse charges applied is to be borne by consignee.

2.3 Payment
Payment shall be made in US Dollars. Failure in payment within, will incur additional charge to deliver back the goods and redeliver again. In part payments customer should make the balance payment within 3 business days from the date of final Invoice sent. 2.5% will be charged for every 7 days of late payment

3. DELIVERY
3.1 Acceptance and Claims
We normally estimate delivery of Products within 10-15 Business Days and for Products which are in stock and 4-16 weeks for Products not in stock or produced to your specific requirements. Please note, all projected delivery times are estimates.
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Clients / Customers

The Order Acceptance Confirmation will contain estimated dispatch and delivery dates for those Products. We will Endeavour to fulfill your order by the date set out in the Order Acceptance Confirmation or, if none is specified, within the estimated time periods stated above unless there are exceptional circumstances. We will send you a further email confirming that the Product has been dispatched(the Dispatch Confirmation)with an updated estimate of the delivery date.
If you order Products for delivery outside India, we strongly recommend you to opt for shipping insurance to cover the costs of your goods in transit. We cannot be held liable for any damages that are incurred once goods have been shipped overseas. Customers will be provided with the original copy of Insurance via courier. Overseas customers are responsible for claiming damages as Masa Gaia will not assist or apply on overseas customer’s behalf for claiming insurance.
No returns will be accepted without the prior agreement of Masa Gaia.

4. WARRANTY – LIABILITY
4.1 6 months Warranty

The Products are warranted to be free from defects in design and materials and workmanship for a period of 1 year from the date of delivery. During the warranty period, Masa Gaia will exchange the Products(Available for sale in India Only of the same value)found by us to be defective. Products exchanged shall be covered for the remainder of the warranty period.

This warranty does not cover: Any damage to the Product resulting from normal wear and tear, given the nature, function, composition and price; Slight differences in the Products as defined in article 1.1; Products exposed to heavy duty use, specifically involving other than private use;
Any damage to the Product resulting from improper installation, storage, or assemble (non-compliance with assembly instructions),improper maintenance, misuse or use not in compliance with the technical or use specifications (non-compliance with maintenance and care instructions),modifications or repairs made by you or a third party, damage caused by other objects (heavy television placed on a unit not designed for this purpose), outside events such as accidents, shocks, fire, vandalism, water damage, natural or artificial light(discoloration)natural catastrophes or bad weather. Warranties do not cover wrongly assembled products that are assembled or collected by the customer.

4.2 Fumigation Certificate
Masa Gaia ensures that all furniture have been fumigated and treated, you may request a copy.

4.3 Liability of Users
Users agree that all access and use of Websites and its content is at their own risk. Masa Gaia shall not be held liable in any manner for failures, errors, or computer viruses affecting access to this Website, or any computer malfunctions that occur following Website access. Masa Gaia shall not be liable in any manner for any direct, incidental, special, consequential, indirect or punitive damages arising out of access to the Website or downloading content including images, text, or video files.

5. MISCELLANEOUS
5.1 Proof
By express agreement between Masa Gaia and you, electronic mail messages shall constitute proof between the parties, as well as automatic recording systems used on the Website, specifically as to the nature and date of the order. You may access the electronic contract entered into with Masa Gaia, in accordance with the rules of common law. To do so, send an e-mail to the Customer Service Department containing all relevant information, specifically the order number and your details(full name and address). For disputes, both parties have to herein to the laws that abide and handled amicably. Client is advised to seek legal advice; any information said or written to damage the reputation of Masa Gaia will be considered as defamation and will be filed for claim.

Events & Participation

Terms & Conditions continued..

5.2 Severability

If any one of the provisions in these general terms of sale should be deemed invalid under any applicable law, the remaining provisions shall remain legal and enforceable.

5.3 Non-Waiver

The failure of either party to exercise any of its rights under these general terms of sale, whether temporary or permanent, shall not be deemed to be a waiver of such rights.

5.4 Title

If there a difficulty interpreting between any of the titles of the articles and chapters one any of the clauses, the titles will be deemed not to exist.

5.5 Modification of the General Terms of Sale

Masa Gaia reserves the right modify these general terms of sale. New versions will be indicated on the Website. The online version on the Website at the time you place your order will supersede any other prior version.

5.6 Small Knocks & Bumps Due to Shipping

Small Knocks and bumps are unavoidable due to shipping; Masa Gaia will not be responsible for any such damages occurred during transit.

5.7 Governing Law and Jurisdiction

The law governing the use of Website and all transactions is the Law of India. Any aspects that are not covered by these Terms and Conditions are subject to Aurangabad Jurisdiction.

5.8 Overseas Customers

If you order Products from our site for delivery outside India, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict exact amount. Please contact your local customs clearing companies for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Please Read Carefully before placing any ordered with us.

HOW DO I RETURN SOMETHING TO MASA GAIA?

Returns shall not be accepted from overseas customers on any conditions. Merchandise purchased from Masa Gaia may be returned for an exchange of another product selling in India for the same value, excluding shipping and handling charges, within 12 hours of receipt of the goods. You must contact Masa Gaia to inform them that you would like to return an item. Failure to do so will result in forfeiture of your right to take advantage of our return policy. Returned merchandise must be in original condition and with photos though email to conclude.

Special Orders - (Made to Order or Custom Orders) are not covered under the return policy. These products are custom made to your specification, (color, style, finish, fabric) or are products that are specially imported for you. For the purposes of the return policy, “Made to Order” shall be construed to apply to all products.
Special Discounts - Extra discounted orders or products on sale are not covered under the return policy. This exclusion from the return policy shall also apply to any merchandise purchased or won through a third party site. Special Discounts - Extra Discounts can be cancelled without any prior written intimation.

OUR LIABILITY
Subject to the final paragraph in this section, if we fail to comply with these terms, we shall only be liable to you for the purchase price of the Products and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.


Our Advantage

Terms & Conditions Continued..

Subject to the final paragraph in this section, we will not be liable for losses that result from our failure to comply with these terms that fall into the following categories: loss of income or revenue, loss of business, loss of profits, loss of anticipated savings, financial loss caused by financing arrangements, loss of data or waste of management or office time. Additionally, by purchasing from us, you will be deemed to have indemnified us against any liabilities that may be caused by misuse of Products supplied by us. However, this paragraph will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded here.
Nothing in this agreement excludes or limits our liability for, death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the obligations implied by Indian Law.

SEVERABILITY

If any of these terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

ENTIRE AGREEMENT

These terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms or the documents referred to in them.

Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this paragraph limits or excludes any liability for fraud.

OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system''s capabilities.

You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within 12 hours of receipt by you of the Products).

Thank you for your business.
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Reach Us
Saud Syed (Proprietor)
Lane No. 17, Shariefs Colony, Roshan Gate
Aurangabad- 431001, Maharashtra, India



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