Terms of service

Last updated: 01/12/2025

1. Introduction

Welcome to HOMERICA ("HOMERICA", "we", "our", or "us").

HOMERICA is a home furnishing brand. The website www.homerica.in is owned, managed, and operated by Shankar Exports, having its principal place of business in Panipat, Haryana, India.

All products offered for sale through this website are sold, invoiced, fulfilled, and serviced by Shankar Exports.

By accessing, browsing, registering on, or placing an order through this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies published on the website.

If you do not agree to these Terms, please discontinue use of the website immediately.

2. Age & Eligibility

You must be at least 18 years of age or access the website under the supervision of a parent or legal guardian.

By using the website, you represent and warrant that:

You have legal capacity to enter into a binding agreement;
The information provided by you is accurate and complete;
You will comply with all applicable laws and regulations.

3. Account Registration and Security

To access certain features of the Website, including order tracking, saved addresses, wishlists, and faster checkout, you may be required to create an account or provide certain personal information.

You agree that:

All information submitted during registration is true, accurate, current, and complete.
You will promptly update your account information to maintain its accuracy.
You are solely responsible for maintaining the confidentiality of your account credentials, including passwords, login details, and one-time passwords (OTPs).
You are responsible for all activities conducted through your account, whether authorized by you or not.
Accounts are personal to the registered user and may not be transferred, assigned, sold, or shared with any other person without the prior written consent of HOMERICA.
You shall immediately notify HOMERICA of any unauthorized use of your account or any security breach.

HOMERICA reserves the right to suspend, restrict, or terminate any account that:

Contains false, misleading, or incomplete information;
Is suspected of fraudulent activity;
Violates these Terms of Service;
Is used in a manner that may harm HOMERICA, other users, or third parties.

HOMERICA shall not be liable for any loss or damage arising from your failure to safeguard your account credentials or from unauthorized access resulting from your actions or omissions.

4. Use of Site & Content

You may use this website solely for purchasing products for personal use.

You agree not to:

Use the website for any unlawful, fraudulent, or unauthorized purpose.
Interfere with website security or functionality.
Attempt to gain unauthorized access to systems, accounts, or data.
Upload or transmit viruses, malware, or harmful code.
Use bots, scrapers, crawlers, or automated tools to extract Website content.
Engage in fraudulent purchases or transactions.
Reproduce, copy, distribute, or commercially exploit any Website content without prior written consent.
Misrepresent your identity or provide false information.
Products purchased through the Website are intended for personal use unless otherwise agreed in writing. HOMERICA reserves the right to refuse or cancel orders suspected to be placed for unauthorized commercial resale.

Violation of these Terms may result in suspension or termination of access to the Website.

5. Product Descriptions & Disclaimer

We strive to ensure that all product descriptions, photographs, colours, specifications, dimensions, and pricing details are accurate.

However:

Actual product appearance might differ slightly due to screen resolution, lighting, or fabric variations.
Minor variations in colour, texture, stitching, pattern placement, or finish may occur due to manufacturing processes and shall not be considered defects.
Product dimensions may vary within commercially acceptable tolerances.

Such variations shall not constitute defects or grounds for return, refund, or replacement unless otherwise required under applicable law.

6. Product Availability

Product availability displayed on the Website is subject to change without notice.

While we strive to maintain accurate inventory information, products displayed on the Website may occasionally become unavailable due to inventory fluctuations, system errors, simultaneous orders, or other circumstances beyond our reasonable control.

Adding a product to the shopping cart does not reserve inventory or guarantee availability. Orders shall be deemed confirmed only after successful processing and dispatch.

In the event a product becomes unavailable after an order is placed, HOMERICA reserves the right to cancel the order and issue a full refund through the original payment method.

7. Pricing

All prices displayed on the Website are in Indian Rupees (INR) unless otherwise stated.

Prices may change without prior notice.

Despite our best efforts, pricing errors may occasionally occur. In such cases, we reserve the right to:

Correct pricing errors;
Cancel affected orders;
Refuse shipment of incorrectly priced products.

HOMERICA reserves the right to correct any typographical, clerical, technical, informational, or pricing errors appearing on the Website without prior notice.

If payment has already been collected for an order cancelled due to pricing errors, a full refund shall be issued.

8. Orders & Acceptance

Placing an order does not constitute acceptance of the order by HOMERICA.

We reserve the right to refuse, limit, or cancel orders at our sole discretion, including but not limited to cases involving:

Product unavailability;
Pricing inaccuracies;
Payment authorization issues;
Suspected fraud;
Bulk purchasing activity inconsistent with personal use;
Violation of these Terms;
Inability to deliver to the specified address.

If an order is cancelled after payment is received, the amount paid will be refunded through the original payment method.

HOMERICA reserves the right to verify customer information before accepting or dispatching any order and may request additional information where reasonably necessary to prevent fraud or ensure successful fulfillment.

9. Payments

Payments may be processed through third-party payment gateways.

By making a purchase, you represent and warrant that:

You are authorized to use the payment method provided.
Payment information supplied is accurate and complete.

HOMERICA shall not be liable for errors, interruptions, or failures caused by third-party payment processors.

10. Electronic Communications

By accessing the Website, creating an account, placing an order, or communicating with HOMERICA electronically, you consent to receive communications electronically.

Such communications may include:

Order confirmations;
Invoices;
Shipping updates;
Account notifications;
Customer support communications;
Policy updates;
Promotional communications (where permitted by applicable law).

You agree that electronic communications satisfy any legal requirement that such communications be provided in writing.

11. Promotional Offers and Discount Codes

Promotional offers, coupons, discounts, and promotional codes:

Are valid only during the stated promotional period.
Cannot be exchanged for cash.
Cannot be combined unless expressly stated.
May be withdrawn, modified, or cancelled without prior notice.

Orders suspected of misuse of promotional offers may be cancelled.

12. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy.

Delivery dates provided are estimates only and are not guaranteed.

HOMERICA shall not be liable for delays resulting from:

Courier service disruptions;
Weather conditions;
Public holidays;
Government restrictions;
Natural disasters;
Force majeure events;
Incorrect customer information.

Risk of loss and ownership pass to the customer upon successful delivery.

13. Returns, Refunds and Exchanges

Returns, refunds, replacements, and exchanges are governed by our Return & Refund Policy.

Customers are encouraged to review the policy carefully before placing an order.

14. Product Care and Usage

Customers are responsible for following all care and maintenance instructions accompanying products.

HOMERICA shall not be responsible for damage resulting from:

Improper washing or cleaning;
Exposure to unsuitable environmental conditions;
Misuse or abuse;
Alterations or modifications made after delivery;
Failure to follow care instructions.

Customers with known allergies or sensitivities should review product material details before purchase.

15. Intellectual Property Rights

All content on the Website, including but not limited to:

Logos;
Brand elements;
Product photographs;
Graphics;
Text;
Product descriptions;
Website design;
Layouts;
Videos;
Marketing materials;

are protected by applicable intellectual property laws.

Unauthorized use, reproduction, publication, distribution, modification, or commercial exploitation of Website content is strictly prohibited.

The use of automated tools, scraping technologies, data mining techniques, or similar methods to collect, copy, reproduce, or extract product information, images, pricing, customer reviews, or other Website content for commercial purposes is strictly prohibited.

16. User Reviews and Content

By submitting reviews, comments, photographs, testimonials, or other content to HOMERICA, you grant HOMERICA a non-exclusive, worldwide, royalty-free right to use, reproduce, modify, publish, display, and distribute such content for business and promotional purposes.

You represent that:

The content is accurate;
The content does not violate any law;
The content does not infringe third-party rights.

HOMERICA may monitor, review, edit, reject, remove, or refuse to publish user-generated content at its sole discretion and without prior notice.

17. Fraud Prevention and Chargebacks

HOMERICA reserves the right to investigate any suspicious transaction, refund abuse, chargeback request, or fraudulent activity.

Where delivery records, courier confirmation, OTP verification, photographs, shipment tracking records, or other evidence indicate successful fulfillment of an order, HOMERICA reserves the right to contest payment disputes and pursue all legal remedies available under applicable law.

Accounts involved in fraudulent activity may be restricted or permanently suspended.

HOMERICA further reserves the right to recover any losses, administrative costs, chargeback fees, shipping expenses, legal expenses, or other damages arising from fraudulent transactions or misuse of the Website to the extent permitted by applicable law.

18. Disclaimer of Warranties

The Website and products are provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, HOMERICA disclaims all warranties, whether express or implied, including but not limited to:

Merchantability;
Fitness for a particular purpose;
Non-infringement;
Continuous availability;
Error-free operation.

19. Limitation of Liability

To the maximum extent permitted by law, HOMERICA, Shankar Exports, their partners, employees, agents, affiliates, and representatives shall not be liable for:

Indirect damages;
Consequential damages;
Incidental damages;
Loss of profits;
Loss of business opportunities;
Loss of goodwill;
Data loss.

In no event shall HOMERICA's total liability exceed the amount paid by the customer for the specific product giving rise to the claim.

20. Small Business Protection Clause

Under no circumstances shall HOMERICA be liable for any claim relating to emotional distress, inconvenience, disappointment, loss of expected savings, loss of anticipated enjoyment, or any similar non-economic loss arising from the purchase, delivery, or use of any product.

21. Indemnification

You agree to indemnify, defend, and hold harmless HOMERICA and Shankar Exports from and against any claims, losses, liabilities, damages, costs, expenses, and legal fees arising from:

Your breach of these Terms;
Your misuse of the Website;
Violation of applicable laws;
Infringement of third-party rights.

22. Third-Party Services

The Website may contain links to third-party websites, payment gateways, logistics providers, or external services.

HOMERICA does not control and is not responsible for:

Third-party content;
Third-party privacy practices;
Third-party security standards;
Third-party service interruptions.

Your use of such services is at your own risk.

23. Force Majeure

HOMERICA shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including:

Natural disasters;
Floods;
Fire;
Pandemic events;
Government actions;
Labour disputes;
Transportation disruptions;
Internet outages;
Power failures.

24. Account Suspension and Termination

We reserve the right to suspend, restrict, or terminate access to the Website without prior notice where we reasonably believe that:

Fraudulent activity has occurred;
These Terms have been violated;
Legal compliance requires such action;
Continued access may cause harm to HOMERICA or other users.

25. Privacy

Collection and use of personal information are governed by our Privacy Policy.

By using the Website, you consent to such collection and use as described therein.

26. Severability

If any provision of these Terms is determined by a court or competent authority to be invalid, unlawful, or unenforceable, such provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.

27. Entire Agreement

These Terms of Service, together with the Privacy Policy, Shipping Policy, Return & Refund Policy, and any other policies published on the Website, constitute the entire agreement between HOMERICA and the user regarding access to and use of the Website and supersede any prior understandings, communications, or agreements relating thereto.

28. Right to Refuse Service

HOMERICA reserves the right to refuse service, refuse orders, restrict quantities, suspend accounts, or cancel transactions at its sole discretion where permitted by applicable law, including where HOMERICA reasonably believes that a customer has violated these Terms, engaged in fraudulent activity, abused promotional offers, or otherwise acted in a manner detrimental to HOMERICA, its customers, or its business operations.

29. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of India.

Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts located in Panipat, Haryana, India.

30. Changes to Terms

We reserve the right to update, amend, or modify these Terms at any time.

Updated versions will be posted on this page with the revised "Last Updated" date.

Continued use of the website after changes are posted constitutes acceptance of the revised Terms.

31. No Waiver

Failure by HOMERICA to enforce any provision of these Terms shall not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms.

32. Contact Information

For any questions, concerns, or complaints relating to these Terms, please contact:

HOMERICA
Operated by Shankar Exports
Registered Office: #348, HUDA, Sector 25, Part II, Panipat - 132103, Haryana, India

Email: homericaoffical@gmail.com

Website: www.homerica.in