This document is an electronic record in terms of Information Technology Act, 2000 (as amended from time to time) 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. This document is published 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 the website.
Megastores and its mobile application (hereinafter referred to as the “Site” “Mobile Application” or “Website”), owned and controlled by M/s Atulsia Megastores Private Limited (the “Company”), is an online market place that facilitate electronic commerce between buyers and merchants offering a wide range of handicraft and other products. For purpose of this document the term ‘market place’ means, an information technology platform placed on a digital and electronic network that acts as a facilitator between buyers and merchants (hereinafter “Market Place”). Through the Site and Application, the Company connects buyers with merchants that are listed on the platform. Therefore, each monetary transaction is undertaken by and between buyers and merchants, the Company only being a facilitator. By transitioning on our Market Place you confirm that you have read, understood and agree to the terms and conditions of the Refund Policy (“Refund Policy”). You agree to be bound by this agreement by accessing, browsing, opening or otherwise using any part of this web site or Application. The information contained on or linked to this web site and Application is general information only. Nothing on this web site and Application is or purports to be advice. You should not rely on any information on or linked to this web site. If you need advice, you should seek personal professional advice based on your own circumstances.
- ACCEPTANCE OF TERMS
- The products and its refund thereof, that we at Megastores provide to users is subject to the following terms and conditions. Megastores reserves the right to update the said terms at any time without notice to the user.
- This Refund Policy governs the use of certain specific material contained on the Website, sets forth the terms and conditions that apply to use of Megastores by the user. By using the Website, User agrees to comply with all of the terms and conditions hereof.
- For purpose of this Agreement the term ‘user’ shall have the same meaning as defined under Section 2 (1) (j) of the Information Technology (Intermediaries Guidelines Rules, 2011). As per the said Rules, user means any person who accesses or avails any computer recourse of intermediary for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the computer recourses of an intermediary.
- SERVICES AND CONTRACT
- At our Market Place, you have the ability to compare products that are listed on the Site along with their price.
- This Agreement does not affect any other agreements, if any, between us and third parties.
- CHANGED TERMS
- We shall have the right at any time to change or modify the Refund Policy, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on our Site, or by electronic or conventional mail, or by any other means by which user obtains notice thereof. Any use of the Site and Application by user after such notice shall be deemed to constitute acceptance by user of such changes, modifications or additions.
- DESCRIPTION OF PRODUCTS AND SERVICES OFFERED ON THE SITE
- Through the Website and Application, we sell the following products such as handloom and textiles, home furnishing items, jewellery products from the handicrafts industry in India ranging from exquisite tribal jewellery to beaded, metal, lacquer and silver jewellery, apparels and accessories with a distinctive traditional flavour, leather goods, made of special material that is used over the years by India’s handicraft artisans to produce footwear, bags, belts, cloths and other home accessories, Indian garments with its beautiful design and embroideries, furniture products (collectively “Products”).
- RETURN AN ITEM PURCHASED ON THE SITE
- Purchasers can conveniently place return request online if you’ve received an item in a damaged, defective or not as described state. For this you will have to send us an email at hello@megastores.com Once you place a refund request, our internal team will validate your refund request and if found genuine full refund will be issued.
- The user must ensure that the product is in unused and original condition. User must include everything from the package received including price tags, labels, original packing, freebies and accessories.
- In the event our internal team learns that your refund request was fraudulent or that you falsified your refund claim, you will not be entitled to any refund of any unused subscription fees, if any, paid by you.
- We do not guarantee your e-commerce transactions to be entirely safe and secure. When you place orders through our website or online payment gateway service providers (“OPGSPs”), listed on the Site, you must ensure that you agree to the terms and conditions of the said OPGSPs agreement. The Company shall not be liable should there be a discrepancy in refund, loss or misuse of credit card details, hacking of sensitive monetary information.
- If at any time the Company is of the opinion (in its sole discretion) or has any reason to believe that you may have fabricated your personal details, your access to the Site may be bared without any refund to you.
- WARRANTY
- We try our best to offer you a hassle-free returns experience. Returns including all replacements/pickups are done in compliance with this Refund Policy.. We strive to ease the pickup process for you in case of returns. In most of the cases we deliver the replacement while we do the pickup. In a few other cases, we ensure that pickup is arranged at the earliest and we ship the replacement as soon as we receive the item from our courier partner. In the rare scenario where a pickup cannot be done in certain areas, you can ship the product through any other courier. Replacement is subject to availability of stock with third party merchants when the product is sourced by us. We reserve the right not to accommodate your refund should we discover that your request was not genuine but false or frivolous.
- Exceptions: There are certain scenarios where it is difficult for us to support returns, namely: when return request is made outside the specified time frame;
- anything missing from the package you’ve received including price tags, labels, original packing, freebies and accessories;
- defective/damaged products that are covered under our warranty;
- product is damaged due to misuse or incidental damage due to mishandling of product;
- products with tampered or missing serial numbers;
- Made-to-order / custom jewellery;
- fragile items, hygiene related items.
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
- If the Site requires user to open an account, user must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of user’s password and account. Furthermore, user is entirely responsible for any and all activities that occur under user’s account. User agrees to notify us immediately of any unauthorized use of user’s account or any other breach of security. We will not be liable for any loss that user may incur as a result of someone else using user’s password or account, either with or without user’s knowledge. User may not use anyone else’s account at any time, without the permission of the account holder.
- DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY
- User expressly agrees that use of the Market Place is at user’s sole risk. Neither we, our affiliates nor any of our respective employees, agents, third party content providers or licensors warrant that the Market Place will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Market Place or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website or Application.
- The Market Place is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
- Notice of liability: despite regular controls we are not liable for the content of external third-party websites. The owners of these websites are fully responsible for the content of the linked pages. Please contact us if you notice external pages with illegal or immoral content. The legal information in this Agreement also applies to our social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like.
- This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that we are not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
- In no event will we or any person or entity involved in creating the Website or Application be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Website and Application. User hereby acknowledges that the provisions of this section shall apply to all content on the site.
- MONITORING
- We shall have the right, but not the obligation, to monitor the content of the Market Place, to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that us in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
- INDEMNIFICATION
- User agrees to defend, indemnify and hold harmless the Company,, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of the Market Place. by user or user’s account.
- PAYMENT SECURITY
- We do not ensure that transactions you conduct online is in a safe and secure. To achieve this, please read the terms of use, privacy policy and any other policy or agreement outlined on each respective third party website whose service the user may decide to use at a given point in time.
- MISCELLANEOUS
- This Agreement and any operating rules for the Market Place established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
- GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed by and construed in accordance with the laws of India and courts in Mumbai, India only shall have jurisdiction over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.