Terms & Conditions :- Welcome to https://mitskart.com/ (“Website” or “Platform”). The Website is owned and operated by MitsKart (“Company”), a company incorporated under the provisions of the Companies Act, 2013, having its registered office at Plot 176, Basement, Industrial Area Phase 1, Panchkula, Haryana 134113
In addition to the Privacy Policy, Shipping Policy, Cancellation & Return Policy, and any other policies of the Company (collectively, the “Policies”), these terms and conditions (“Terms of Use”) apply to anyone who accesses or uses the Website and/or any services provided and may be changed or updated from time to time.
Any Items sold on the Platform shall be subject to these Conditions of Use. Without having to notify you, we retain the right to alter and modify the Conditions of Use by publishing updates and modifications to the Website. You must frequently check the Conditions of Use for any revisions or modifications that might affect you.
Please send us an email at mitskart@gmail.com if you have any questions about the Conditions of Use or any comments or concerns regarding the Website.
GENERAL
By merely accessing or using the Website, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the policies, whether you have read the same or not. Accessing, browsing or otherwise using the Website (through a computer or a mobile phone device, for example) indicates your unconditional agreement to all the terms and conditions in these Terms of Use, so please read these terms carefully before proceeding.
‘User’ or ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Website by accessing or using the Website. If you are accepting these Terms of Use and are using the Website on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
If you do not agree or are not willing to be bound by the Terms of Use, please do not seek to use the Website or any information or Services.
You agree to use the Website only:
(a) For purposes that are permitted by the Terms of Use; and
(b) In accordance with any applicable law, regulation or generally accepted practices or guidelines.
ELIGIBILITY
In order to access the Website or use any of the services on the Website:
You must be of 18 (eighteen) years of age or older and in case you are a minor, we assume that you are accessing Website under supervision of lawful guardian; and
You must not be a person barred from receiving the Services under the applicable laws and are competent to enter into a binding contract.
We reserve the right to refuse access to the Website to new Users and any such User who has been suspended or removed by us for any reason whatsoever shall not been entitled to avail the Services.
PRICING INFORMATION
We shall endeavour to provide accurate product and pricing information, yet typographical errors might occur. If a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel orders at any stage prior to delivery. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the Product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card/debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to our dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card/debit card account.
USER INFORMATION
You shall not host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person and to which you do not have the right.
If you provide any information that is untrue, inaccurate, misleading, not current, or incomplete or we have reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with the Terms of Use, we reserve the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.
Should any other User or person act upon such untrue, inaccurate, not current or incomplete information provided or verified by you, the Company and its personnel shall not be liable for any damages or losses, direct, indirect, immediate or remote, interests or claims resulting from such information to you or any third party. You hereby agree and undertake to indemnify and to hold harmless the Company, and its personnel in accordance with the indemnity clause contained in these Terms of Use.
PLACEMENT OF ORDER
You can place orders for any of the Products listed on the Website. Acceptance of the order is subject is both payment receipt and stock availability. We reserve the right to accept or reject your order in part or in full. Upon receiving the payment, an order number is auto-generated and appears as a message at the end of payment processing (order submission in case of Cash On Delivery). This will also be mailed to the email ID provided by you at the time of entering the order.
PAYMENT AND PAYMENT GATEWAY
You can use various facilities, namely credit card payment through payment gateways, EMI offers through select banks, and net banking available on the Website for making payments. You may even use e-Gift cards and reward points, if any, to make the payment. You agree that the credit card used is lawfully owned or possessed by you and that you shall not pay or attempt to pay for the Product(s) listed on the Website using fraudulent credit card information.
We use reasonable measures to ensure the security of the information and such information will not be shared with third parties unless required for fraud verifications or by law, regulation, or court order. We shall not be liable for any credit card fraud.
We partner with payment partner(s) for payment gateway service. All online transactions will be routed through our payment partner(s). Upon successful transaction, the payment partner will collect and remit the money to us. Upon receiving the payment, we will initiate order processing.
ORDER FULFILMENT
We will initiate processing your order upon payment receipt for all non-COD orders. If there are any issues such as an incomplete address, payment amount does not tally with order value, stock not available for one or complete set of Products ordered, and any such issues that could potentially delay the delivery, such orders will be referred to our customer care cell (“CCC”). CCC will call or mail you to inform the issues. Only upon resolving the issues, the order will be processed.
REPLACEMENT, RETURNS AND CANCELLATION POLICY
Please refer to our Replacement, Returns, and Cancellation Policy provided on our Website.
SHIPPING AND DELIVERY
Please refer to our Shipping Policy provided on our Website.
PRIVACY AND CONFIDENTIALITY
Your use of the Platform is governed by our Privacy Policy. Please read our Privacy Policy to understand our information collection and usage practices.
You may obtain certain confidential information, including without limitation, technical, contractual, product, pricing, business-related functions, activities and services, customer lists, knowledge of customer needs and preferences, business strategies, marketing strategies, methods of operation, markets and other valuable information that should reasonably be understood as confidential (“Confidential Information”). You acknowledge and agree to hold all Confidential Information in strict confidence. Title and all interests to all Confidential Information shall be vested in us.
Upon such termination, you must stop forthwith using any Confidential Information to which you may have been exposed in due course of your use of the Website. Company shall not be held liable for breach of confidentiality by any other User or person.
The restrictions in this section shall not apply to the disclosure of Confidential Information by either party if and to the extent the
Disclosure is:
(a) Required by the applicable law of any jurisdiction;
(b) Required by any applicable supervisory or regulatory or governmental body to which the relevant party is subject or submits, wherever situated, whether or not the requirement for disclosure has the force of law.
(c) Made to employees and representatives on a need-to-know basis, provided that such persons are required to treat such information as confidential through written agreement in terms that are no less strict than this section.
GOVERNING LAW AND JURISDICTION
- The Terms of Service and the Policies shall be governed and construed in accordance with the laws of India.
- Any dispute or difference arising relating to these Terms of Service or Policies (“Dispute”) shall be referred to be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996.
- When any Dispute is under arbitration, except for the matters under dispute, the Company and you shall continue to exercise the remaining respective rights and fulfill the remaining respective obligations under these Terms of Service.
- The arbitration shall be conducted by a sole arbitrator jointly appointed by Company and you.
- The venue of arbitration shall be Mumbai, India and the language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
- If the Dispute has not been resolved by the arbitration, such a dispute shall be subject to the exclusive jurisdiction of the courts in Mumbai and you hereby submit to the jurisdiction of such courts.
- You agree and acknowledge that the provisions relating to intellectual property (Section 16) and privacy and confidentiality (Section 18) are of importance to Company and monetary compensation may not constitute adequate relief and remedy to the Company for non-performance by you of your obligations thereunder. Accordingly, the Company shall be entitled to claim specific performance and seek mandatory and/or perpetual injunctions requiring you to perform your duties and obligations under such provisions.
TAXES
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties, and cesses as applicable – unless stated otherwise. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties, cesses, etc.
CONTACT INFORMATION:
Customer Support
E-mail id: mitskart@gmail.com
Phone: +91 70870 34950
Contact Days: Monday to Sunday (10:00 a.m. to 6:00 p.m.)