Home Terms & Conditions

TERMS

Terms and Conditions

Last Updated: 5th Nov 2018

By accessing this web site or copying or downloading materials from the site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. Atulsia's web site may be used by the visitors for the purpose of information only.

Information means all information on this web site including projects or product description, proprietary information of Atulsia, its clients and other technical or marketing materials pertaining to Atulsia and its technologies, solutions and services.

  1. ABOUT US
    • 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 located at Prakruti Pearl, B Wing, Flat-B/803 Near. Gold Croft Building, Hiranandani Estate, Thane, Mumbai - 400607 (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 Market Place, 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. All visitors are advised to read and understand these Terms of Use (hereinafter referred to as “Terms of Use” or “User Agreement”) carefully. By accessing the Market Place you agree to be bound by the same. If you do not agree with the Terms of Use, please do not use, access or transact on our Market Place. As such your access or use of the Market Place implies your acceptance of the said Terms of Use, as amended from time to time, and constitutes an agreement between you and the Company.
  2. DEFINITIONS
  3. The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:

    • “Agreement” shall mean agreement between the Company and user, terms and conditions as provided herein and includes the Privacy Policy, Refund Policy and references mentioned herein with all such amendments as effected by the Company from time to time.
    • “Company” shall mean Atulsia Megastores Private Limited.
    • “Product(s)” shall mean all item for sale listed on the Market Place for consideration.
    • “User(s)” ‘visitor’, ‘you’ herein refers to person/persons and/or legal entity(ies) who visit, access, browse through, uses, deals with and/or transact on our Market Pace in any way at any point of time.
    • Website” shall mean Megastores, which is owned and operated by the Company for facilitating online transactions.
    • “Application” or “App” shall mean a mobile application, by the name Atulsia Megastores owned and operated by the Company.
    • “Product(s)” shall mean any product that has been listed on the Market Place or the App owned and operated by the Company.
    • “Order” shall mean the request for a product listed on the Market Place or the App to be delivered according to the customer’s delivery and billing details.
  4. GENERAL
    • This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. The Terms of Use herein are subject to change from time to time. It is strongly recommended that you periodically review the Terms of Use as available on the Site. Use of the Website is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms of Use, along with any amendments made by the Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
  5. CHANGES TO THE TERMS AND CONDITIONS
    • The Company reserves the right to terminate or refuse your registration, or refuse to permit access to the Market Place, if it is discovered or brought to its notice that you are a minor or otherwise do not comply with the law or these Terms of Use. You shall not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party. The Company shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms and Conditions shall be made available on the Website. Your use of our Market Place and the Services is subject to the most current version of the Terms and Conditions made available on the Website at the time of such use. You are requested to regularly visit the home page of our Market Place to view the most current Terms of Use. You can determine when the Company last modified the Terms of Use by referring to the “Last Updated” legend. It shall be your responsibility to check these Terms of Use periodically for changes. The Company may require you to provide your consent to the updated Terms of Use in a specified manner before prior to any further use of the Market Place and the Services is provided therein.. If no such separate consent is sought, your continued use of the Market Place, following changes to the Terms of Use will constitute your acceptance of those changes. By (i) using our Market Place or any facility or Service provided by the Market Place in any way; or (ii) merely browsing the Market Place, you agree that you have read, understood, and agreed to be bound by these Terms of Use and the Website’s Privacy Policy available at the homepage. Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us.
  6. SERVICE OVERVIEW
    • Our Market Place is a platform for users to purchase handicraft products such 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 etc. The Company agrees to deliver the Products ordered by you only at such locations as per the order details. The Company shall not be liable should any item not mentioned on the Market Placebe delivered by delivery boys. Please be vigilant.
    • As part of the registration process, the Company may collect the following personally identifiable information about you: name - including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Market Place you visit/access, the links you click , the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company displayed on the Market Place.
    • Account and Registration Obligations: users may be required to register and login for placing orders on the Market Place. You have to keep your account and registration details current and correct for communications related to your purchases from the Market Place.
  7. ELIGIBILITY
    • The Services on the Market Place would be available to geographies in India and overseas. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Market Place.
    • If you do not confirm to the above qualification, you shall not be permitted the Services or use of the Website and App. You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the Services provided by the Company under the supervision of your parent or legal guardian who agrees to be bound by these terms and condition and in accordance with the applicable laws. You are prohibited from purchasing any material, which is for adult consumption, the sale of which to minors is prohibited.
  8. ORDER
    • The User may place their order using the webpage of the Company or the App. All items that have been ordered will be delivered at the delivery address provided by the customer. The Company has made every effort to display available products, including with respect of their color, size, shape, and appearance as accurately as possible. However, the actual color, size, shape, and appearance may have variation from the depiction on your mobile or computer screens. The information printed on the product packaging as shown on the product photos may include nut not limited to batch number, manufacturing date, and price, might differ from the product being delivered to the user. This variation must not be treated as a defect or damage in the product. Before placing the order, the user must check and review, the product description carefully, and in sufficient detail. It is assumed that the user is accessing the services available on the Market Place and transacting at his/her sole risk and using his/her best and prudent judgment before entering into any transaction.
    • The Company does not make any representation or warranties in respect of the products available on the Market Place nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Market Place . The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties with respect to products displayed on the Market Place. The Company shall act as your agent for retrieval and delivery of product(s) purchased on the Market Place, and that the Company has no relationship with you other than to provide such retrieval and delivery service. At no time shall the Company have any right, title, or interest to any product(s). The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays as a result of products which are out of stock, unavailable or back ordered.
  9. PRICING INFORMATION
    • The price mentioned at the time of ordering a product shall be the price charged at the time of delivery, excluding transportation charges which will be mentioned separately. Although prices of most of the products do not fluctuate on a daily basis, some of the products and do change on a weekly or monthly basis. In case the prices are higher or lower on the date of delivery, no additional charges will be collected or refunded as the case may be at the time of the delivery.
  10. PAYMENT POLICY
    • User shall be entitled to use his/her valid credit/ debit card/ or any other payment cards, online banking facility to make payment against any product purchased. User shall be bound to use his/ her personal credit/ debit sand/ or any other payment cards, online banking facility to make payment. In such event, it is Company’s policy to redirect user to a payment-processing portal hosted by a third-party payment processor. Cash on delivery is not available.
    • Company does not collect access, store or process any credit card, debit card, net banking or any other financial information. Please read the respective policies of payment processor’s on their websites regarding the use, storage and protection of user’s credit/debit card or net banking information before submitting any credit card, debit card or net banking or any other financial information.
  11. SHIPPING AND DELIVERY
    • Subject to the terms and conditions herein, Company shall endeavor to deliver Product within stipulated delivery time slot as selected by the user provided on the Market Place, subject to successful realization of payment made against the said order and availability to the product(s). In the event any product delivery is delayed or is returned from its destination on account of a mistake by the user (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by the user. However, user understands and confirms that the Company shall not be held responsible for any delay in shipment of product due to circumstances beyond the control of the Company. The Company, at its discretion, from time to time, may implement policies to compensate customers in case of inordinate shipment delays.
  12. ORDER MODIFICATION AND CANCELLATION
    • User shall pe permitted to modify or cancel their order only if payment has failed and /or order is in active state. As soon as order goes into accepted state, user cannot cancel the order. In addition, in such a scenario, user would have to pay the extra amount in case the new order exceeds the original order. The Company at its sole discretion may cancel any order(s):- (a) if it suspects a customer has undertaken a fraudulent transaction, or (b) if it suspects a customer has undertaken a transaction which is not in accordance with the Terms and Conditions, or (c) in case of unavailability of a product, or (d) for any reason outside the control of the Company including causes for delivery related logistical difficulties.
    • Further, while all measures are taken to ensure accuracy of product specifications and pricing, the details of a product as reflected on the Market Place may be inaccurate due to technical issues, typographical errors or incorrect product information provided to the Company by a supplier and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and refund any monies that may have been paid by you towards purchase of such products.
  13. FORCE MAJEURE
    • The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
    • Explanation: “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.
  14. DISCLAIMER OF WARRANTIES AND LIABILITY
    • The user expressly understands and agrees that, to the maximum extent permitted by applicable law the services and other materials that are provided by the Company are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that:
      • The Market Place or the products will meet your requirements or the user’s use of the Market Place or the services will be uninterrupted, timely, secure or error-free;
      • The results that may be obtained from the use of the Market Place , products or materials will be effective, accurate or reliable;
      • The quality of the Market Place , products or other materials will meet the user’s expectations; or that
      • Any errors or defects in the Market Place , products or other materials will be corrected. No advice or information, whether oral or written, obtained by the user from the Company or through or from use of the services shall create any warranty not expressly stated in the terms and conditions.
    • To the maximum extent permitted by applicable law, the Company will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content. The Company shall not be liable for any third-party product or services such a credit card or net banking service providers. The advertisement available on e-mail or website with respect to the third-party website or the products and services are for information purpose only.
  15. INDEMNIFICATION AND LIMITATION OF LIABILITY
    • The user agree to indemnify, defend and hold harmless the Company including but not limited to its affiliate vendors, agents, directors, managers and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the user pursuant to these Terms of Use.
    • In no event shall the Company, its officers, directors, employees, partners or suppliers be liable to the user, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with user’s use of or access to the Market Place , Services or materials. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
  16. TERMINATION
    • The Terms of Use will continue to apply until they are terminated by the user or Company. The user may terminate the services by not accessing the Market Place or by closing the account for all the services. The Company may, at any time, with or without notice, terminate the relationship in the following conditions:
      • The user had breached nay provision of Terms of Use, or any other terms, conditions, or policies applicable by the user from time to time.
      • Company is required to do so by law.
      • Company has elected to discontinue, with or without reason, access to the Market Place , the Services (or any part thereof
  17. PRIVACY POLICY
    • The user hereby consents, expresses, and agrees that he has read and fully understands the Privacy Policy of the Company in respect of the Market Place. You further consent that the terms and contents of such Privacy Policy are acceptable to you.
  18. GENERAL PROVISIONS
    • Notice: All notices of the Company shall be served by email or by general notification on the Website or its registered office.
    • Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party.
    • Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Term of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
    • Waiver: Any failure by the Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.
  19. GOVERNING AND JURISDICTION
    • User Agreement shall be governed by and constructed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.  Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Mumbai and the language of the arbitration shall be English. Subject to the aforesaid, the Courts at Mumbai shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Please Note: The colors you see on your device may vary due to color reproduction. We try to edit our photos to show the samples as life-like as possible, but please understand that there may be minor variations in color of the actual product. We do not guarantee that the color you see accurately portrays the true color of the product. For further assistance, please contact our customer engagement team or visit our website Megastores

Scroll To TopScroll To Top