Terms & Conditions

Last updated January 09, 2025

Agreement to our Legal Terms

This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.tinplum.com website.

These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Foundfolk Design and Retail (OPC) Pvt. Ltd., doing business as Tinplum (“Tinplum,” “we,” “us,” or “our”), concerning your access to and use of the www.tinplum.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Platform”). You agree that by accessing the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. ACCEPTANCE OF TERMS

1.1. The Platform is offered and available to users who are 18 years of age or older and reside in India. By using the Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Platform.

1.2. Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason without prior notice.

1.3. By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Platform.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights.

2.2. The Content and Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. USER REGISTRATION

3.1. You may be required to register with the Platform to access certain features. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3.2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

4. PURCHASES AND PAYMENT

4.1. All purchases through our Platform are subject to these Terms. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Platform. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

4.2. For processing payments on our Platform, we utilise third-party payment aggregators and payment gateways that are authorized by the Reserve Bank of India (RBI). We accept the following forms of payment: Credit Cards, Debit Cards, UPI, Net Banking, and Digital Wallets. These payment services are provided through our payment partners, who maintain their own terms of service and privacy policies. By making a purchase on our Platform, you acknowledge and agree that: (i) you have the legal right to use any payment method(s) in connection with any purchase; (ii) the information you supply to us and our payment partners is true, correct, and complete; (iii) all payments are processed through secure third-party payment gateways, and we do not store your financial information on our servers; (iv) any payment-related disputes will be subject to the terms and conditions of the respective payment service provider; and (v) while we take reasonable care in selecting our payment partners, we shall not be liable for any breach of security or data protection standards by these third-party payment processors, except as mandated by applicable law.

4.3. We reserve the right to refuse any order placed through the Platform. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

5. DELIVERY AND SHIPPING

5.1. We will arrange for shipment of the products to you. Please review our Shipping Policy posted on the Platform for further details. You agree to pay all shipping and handling charges specified during the ordering process.

5.2. Title and risk of loss pass to you upon delivery of the products to the carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.

6. RETURNS AND REFUNDS

6.1. Please review our Returns and Refunds Policy posted on the Platform prior to making any purchases. Our Returns and Refunds Policy is incorporated into these Terms by reference.

6.2. Custom-made or personalised items are not eligible for return unless they are received damaged or defective. In such cases, we will either repair or replace the item or provide a refund, at our discretion.

7. USER REPRESENTATIONS

7.1. By using the Platform, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Platform through automated or non-human means; (4) you will not use the Platform for any illegal or unauthorised purpose; and (5) your use of the Platform will not violate any applicable law or regulation.

7.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

8. PROHIBITED ACTIVITIES

8.1. You may not access or use the Platform for any purpose other than that for which we make the Platform available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

8.2. As a user of the Platform, you agree not to:

(a) Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory.

(b) Make any unauthorised use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means.

(c) Circumvent, disable, or otherwise interfere with security-related features of the Platform.

(d) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.

9. USER GENERATED CONTRIBUTIONS

9.1. The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

9.2. Any Contributions you transmit to us will be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

(a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.

(b) Your Contributions are not false, inaccurate, or misleading.

(c) Your Contributions do not violate any applicable law, regulation, or rule.

10. CONTRIBUTION LICENSE

10.1. By posting your Contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing.

11. PLATFORM MANAGEMENT

11.1. We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

12. PRIVACY POLICY

12.1. We care about data privacy and security. Please review our Privacy Policy: www.tinplum.com/privacy. By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children.

13. TERM AND TERMINATION

13.1. These Terms shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation.

14. GOVERNING LAW

14.1. These Terms and your use of the Platform are governed by and construed in accordance with the laws of India applicable to agreements made and to be entirely performed within the State of Delhi, without regard to its conflict of law principles.

14.2. Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the courts located in Delhi, India, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

15. DISPUTE RESOLUTION

15.1. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

15.2. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be first referred to mediation at an accredited mediation center in Delhi, India. If the dispute remains unresolved, it shall be finally settled by arbitration administered by the Delhi International Arbitration Centre (DIAC) in accordance with its Arbitration Rules.

IN WITNESS WHEREOF, you acknowledge that you have read these Terms of Use and agree to all its terms and conditions. By accessing and using the Platform, you agree to be bound by these Terms. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Platform.

Contact Information:

Foundfolk Design & Retail (OPC) Pvt. Ltd.
55, 2nd Floor, Lane 2, Westend Marg,
Saidulajab
New Delhi 110030
India
Email: [email protected]