Background:

Kohler India Corporation Private Limited (“Kohler India” or “Company”) is inter alia engaged in the business of manufacturing and trading of sanitary products, ceramic products, plumbing fixtures and fittings of metals, furniture and accessories etc. It presently operates and functions under the domain Kohler Co. through its website kohler.co.in. Presently, in order to venture into the retail segment, Kohler India is launching its D2C portal in order to effectively carry out the sale of toilet fittings products and other accessories.

Note:

• Please print a copy of this Agreement for your records and read the terms and condition and privacy policies of this Agreement before registering your account and/or providing any additional information to the Website. 
• By accessing the Website, you consent and acknowledge to have understood and agreed to be bound by the terms and conditions of this Agreement and the Code of Conduct. 
• This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. This provision shall survive termination of this Agreement. 
• By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Privacy Policy available at Privacy Policy, which may be amended from time to time. Our Privacy Policy outlines how is your information processed amongst other things. 
• The terms and conditions are subject to change by Kohler India any time, effective upon posting on the Company website, and your use of the Service after such posting will constitute acceptance by you of such changes. Such change shall be notified by posting an updated version of the Agreement on this page.
• This document and the privacy policy is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. These ‘Terms of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Applicability:

The terms and conditions narrated below governs the use of the Website and content thereof including text, data, information, photographs and applies to the sale of the products by Kohler India through its website shopkohler.in (hereinafter referred to as the “the Website”) unless omitted and/or superseded by a written instrument duly accepted by Kohler India The provision of making available the products for sale though the website shall be collectively referred to as “the Services”.

By placing an order, the User/Visitor are offering to purchase Services on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure elaborated below for which Kohler India will not be responsible. 

Provision of Services:

Kohler India intends to provide the Services across Pan India and currently only serves to selected cities. Kohler India does not intend to provide Services or any part of the Services thereof through its website to any individual/ organisation outside the country of India. The products are provided "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. 

Collection of Information and Reason for such collection:

As a general rule, Kohler India does not collect any personal information unless you choose to provide such information. In order to provide Services effectively, we require certain type of information provided below:

Name, Email id, Contact Number, Billing/Shipping address

When you access the Services online, our web servers also automatically create records of your visit. These records typically include IP-address, access times, the sites linked from, pages visited, the links and features used, the content viewed or requested, browser or application type, language and other such information (Log Data). We use Log Data to provide our Services and to measure, customize, and improve them, as well as collect and use them in the aggregate.

Shopify provides merchants a world class content delivery network (CDN) run by Fastly and Cloudflare. Using a CDN means that your online store will load quickly around the globe, despite the Shopify servers being in North America.

Files delivered over the Shopify CDN are minified and compressed automatically using Brotli, Zopfli, and gzip, reducing the size of the files the browser must download. Requests use HTTP/3 and TLS 1.3 to further enhance request performance and security. Users/Visitors consents to the storage of data in such location.

We use the information we collect to carry out our contractual commitments towards the Users/Visitors. In addition, we process Personal Data to comply with legal obligations and to help you find the most relevant information for your situation by customizing our Services to optimize your experience and fulfil delivery of such Services.

Payment Method:

The final price displayed on the website for each product shall be inclusive of the taxes and delivery charges. In order to make any payments for the purchase of the products, Kohler India does not collect any part of payment on its portal. Any and all payments are redirected to and collected at Razorpay’s payment gateway portal (payment partner).  Upon successful transaction, the payment partner will collect and remit the money to Kohler India and upon receiving the payment, Kohler India will initiate order processing. Kohler India does not store with itself any sensitive personal information including Debit/Credit Card Number, CVV other details related to payment.

The following types of payment options shall be made available to the Users/Visitors:

Net banking, Debit/Credit Cards, UPI, Wallets, EMI including no cost EMI

EMI Option:

EMI Option may be available on selected Services depending on the restriction by Credit/Debit Cards subject to approval by respective Banks.  

No Cash on Delivery:

Kohler India for the moment does not provide any Cash on Delivery Services. If and when introduced as a payment process, it may be applicable for selected Services and not necessarily for all Services.

Pricing and Availability:

While we attempt and ensure that all details, descriptions and costs which show up on the Website are precise, mistakes and errors might happen. Assuming we find a blunder in the cost of any Service which you have requested, we will inform you regarding this straightaway and provide you with the choice of reconfirming your order at the right cost or dropping it. On the off chance that we can't reach you we will regard the request as dropped. Assuming you cancel after having effectively paid for the Servies, you will get a full refund.

Order Processing:

Kohler India shall initiate processing of respective orders upon successfully receiving the payment for respective orders placed. Delay in Delivery could possibly arise in the event inaccurate details are provided. Kohler India does not assume liability of any manner whatsoever for delay attributable for such reasons. Users/Visitors are advised to provide accurate billing information in order to avoid any delay in delivery.

Order Delivery:

Kohler India shall make every endeavour to deliver the Services within the agreed time frame. The User/Visitor are required to accept the delivery of Services without any objection as long as the Services are delivered without material physical damage. If the delivery is not accepted for any other reasons except the above, Kohler India is entitled to levy cancellation charges as applicable.

Return/Refund Structure:

In order to initiate a return of any specific Service/Product, it is mandatory for the Users/Visitors to first initiate a return process in Kohler India’s D2C portal.

Subsequent to such initiation, a verification shall take place by the concerned Customer service representative and if successful, the defective product shall be picked up (if required) and refund will be initiated. There will be no replacement of any Service and the User/Visitor shall only be entitled to get a refund. In order to place a refund, the User/Visitor must promptly place a return request order within 7 days from the receipt of delivery of Service under the following circumstances failing which no refund will be initiated.

In order to place a return request, please check for “Place Return” section (under Customer service) in website footer. Click Place return and fill the order details to initiate return’s for your order.

Product once installed is not entitled for Returns under ‘7 Days Return’ policy. It will be entertained under standard warranty/claims policy.

Refund will happen for the exact amount paid by customer for the Service(s) for which return request is placed under conditions mentioned in the table above. Return request to be validated and refund to be processed only if the return request is validated as a genuine request.

Code of Conduct:

Kohler Co. strictly requires the Users/Visitors to diligently follow the Code of Conduct including but not limited to the following:

1. The Services provided by Kohler shall not be used to infringe the privacy rights, property rights, or any other rights of any person.
2. The website will not be used to post messages, pictures or recordings or use the Service in any way which violates the privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates the law;
3. The website will not be to distribute or upload any virus, Trojan horses, or do anything else that might cause harm.
4. The website will not be used to engage in any activity that constitutes or facilitates "spamming" or the sending of mass unsolicited messages.
5. The User/Visitor will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
6. The User/Visitor will not use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose.
7. The User/Visitor shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
8. The User/Visitor shall not violate, or attempt to violate the security of the Site and/or any web sites linked to the Company or gain unauthorized access any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication

In the event that the User/Visitor breaches any of the above-mentioned covenants, the Kohler India shall have the absolute right to delete any material relating to the violations. Kohler India reserves the unilateral right to suspend or/and deactivate the User/Visitor’s access to the Website in case of violation of terms of use. In addition to the right to indemnity available, Kohler India shall have the right to recourse to any legal remedy against the User/Visitor to recover the loss whatsoever in nature suffered by Kohler India due to such violation by the User/Visitor.

Limitation of Liability:

Kohler India’s liability, if any, towards a User/Visitor under this Agreement shall be limited to the amount payable by User/Visitor towards the Services acquired. Kohler India shall not be liable for any indirect, special or consequential costs or damages of whatever nature, including but not limited to, lost revenues or profits, downtime costs, loss or damage to data or other intangible losses, arising out of or in any way connected with the use of this Website, and/or the Services and/ or the Agreement or with the delay or inability to use this Website, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise. This provision does not limit either party's liability for: unauthorized use of intellectual property, nor any liability which may not be excluded or limited by applicable law.

Indemnity: 

User/Visitor shall at all times fully indemnify and hold harmless Kohler India their officers, directors, agents and employees from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys' fees, made by any third party and/or penalty imposed, due to and/or arising out of User/Visitor's breach of the Terms & Conditions and/or User/Visitor's violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User/Visitor including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User/Visitor's account, of any intellectual property and/or other right of any person and/or entity.

Intellectual Property:

1. Restrictions. All rights not expressly granted by Kohler India to the User/Visitor in these Terms are hereby reserved by Kohler India There are no implied rights save to the extent rights cannot be excluded by applicable law. The User/Visitor are prohibited from using, imitating, or copying, in whole or in part, any Kohler India’s trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, Kohler India’s prior written consent. All permitted use of Kohler India’s Marks will inure to the benefit of Kohler India.
2. Ownership. As between the parties, the Website and Services, including, without limitation, any and all APIs, Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials (collectively, " Kohler India IP") are owned by Kohler India and/or its third party sponsors, partners, and suppliers. User/Visitor have no right or license in or to the Kohler India . IP other than the right to access the website, order for the Services, in compliance with the Terms.

Governing Laws, Jurisdiction and Dispute Resolution: 

This Agreement shall be governed by the laws of India. Any dispute between the Parties arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement, shall be resolved by arbitration by a single arbitrator appointed by both the Parties mutually. The arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 or any enactments in substitution thereof. The venue of the arbitration proceedings shall be at Delhi. The award of the arbitrator shall be final and binding upon the Parties and non-appealable and the Parties agree to be bound by the same and the success of obligation of Kohler India.

Customer Service and Feedback:

Kohler India continuously strive to update and upgrade its services by taking into account the Users/Visitors feedback. We therefore provide assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between User/Visitor and our customer care representatives may be recorded for quality assurance purposes. 

Data Security:

We use a number of mechanisms (encryption, passwords, physical security) to protect the security and integrity of your personal information against unauthorized access and disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. So, while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure.

Grievance Redressal Policy

INTRODUCTION

Kohler India Corporation Private Limited (hereinafter referred as “The Company”) believes that excellence in customer service is priority. Therefore, the company follows a philosophy of providing resolution of the customers’ complaint/grievance in a manner that effectively resolves the complaint to customer’s satisfaction and in compliance with the laws in force in India.

This policy is to be read along with the Terms & Conditions along with Privacy Policy, with the terms in this policy having the meanings to terms as attributed in the aforementioned policies.

OBJECTIVE

The objective of this policy is to provide for efficient & effective grievance redressal mechanism to users taking into account the following:

• Complaints raised by customers/users are dealt with courtesy and on time.
• Customers are treated fairly at all times.
• Complete transparency is maintained with the customers.
• All complaints are dealt with efficiently and fairly.
• Customers are fully informed of avenues to escalate their complaints / grievances within the organization.
• Customers are informed of their rights to alternative remedy if they are not fully satisfied with the response of the Company to their complaints.
• Recognize that our quality and business goals go hand in hand and have a Continual improvement of the customer complaint handling process through the use of various tools and information technology available for business process improvement.

SCOPE

The policy shall cover all the complaints/grievances received from the users of our website shopkohler.in The company will not accept any complaint from third party, agencies on behalf of the customer/user unless we have written consent from the user/customer.

Grievances received from consumer forums, ombudsman office or court will be dealt separately by the legal team.

Inquiry or Request are not covered under this policy.

DEFINITIONS

“Complainant” means a written grievance filed by a user or customer.

“Complaints” or “Grievance” means written expression (includes a communication in the form of electronic mail or other electronic scripts), if dissatisfaction by a complainant.

Explanation – An inquiry or request would not fall within the definition of the complaint or grievance.

An Inquiry and Request would mean the following:

An “Inquiry” is defined as any communication from a customer for the primary purpose of requesting information about a company and/or its services.

A “Request” is defined as any communication from a customer soliciting a service such as a change or modification in the policy

COMPLAINT REDRESSAL PROCESS

If you have a grievance that you wish to redress, you may contact us with the details of your grievance through any of the following channel:

Step 1 : Channel for communication

• Name: Bharat Bhushan
• Email : grievance.officer@kohler.com or
• Letter: Grievance Officer, (6th Floor Office Tower, Ambience Mall NH-8, Ambience Island, DLF Phase 3, Sector 24, Gurugram, Delhi 122001). or
• Contact Centre : Customer can Call us on 0124 431 9601 from 10.00 am to 6.00 pm Monday to Saturday excluding public holidays or National Holidays.

Step 2 : Process for addressing the queries

• All grievances will be given acknowledgement receipt within 24 working hours of the receipt of the complaint.
• All couriers will be answered within 15 days from the date of receipt.
• All grievance from walk in customer will be acknowledged immediately and log shall be maintained in this regard.
• Based on type of grievance the company shall exercise all efforts to resolve the same within 15 working days from the date of receipt of complaint.
• Once the complaint is resolved a closure mail shall be sent to the customer with the request of rating the same.

Step 3: Escalation Matrix

If a client is not satisfied with the resolution provided through various channels, the client has the option to escalate the issues to a higher level, as per the escalation matrix given underneath

• In case the customer is not satisfied with the decision or not have received any response withing 15 working days, he/she may escalate the matter to Nodal Officer, nodal.officer@kohler.com

REVIEW

This policy will be reviewed as and when required.