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Terms & Conditions

Welcome to Mahira!

These terms and conditions outline the rules and regulations for the use of Mahira's Website, located at mahirabypoojajain.com. By accessing this website we assume you accept these terms and conditions.

Please read the following terms and conditions very carefully as your use of our service and products are subject to your acceptance of and compliance with the following terms and conditions. Do not continue to use Mahira  if you do not agree to take all of the terms and conditions stated on this page. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.

Your access to the Website is subject to these terms and conditions (“Terms”) set out hereinafter and the ‘Privacy Policy’, ‘Shipping and Delivery’, ‘Return and Exchanges’, ‘Payment Options’ or such other policies as may be modified or amended by mahira from time to time. If You visit, browse, or shop at the Site, it is considered as “use of this Site”. In addition, when You use any current or future services of the Company or visit or purchase from any business affiliated with the Company, You will also be subject to the guidelines and conditions applicable to such service or merchant. If these Terms are inconsistent with such guidelines and conditions, such guidelines and conditions will prevail.

As a condition of using the Site, the Site requires Your permission to send You administrative and promotional emails. We will send Your information regarding Your account activity and purchases, as well as updates about Our products and promotional offers. The offers made in those promotional emails or messages shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide You any information regarding such change. By placing an order, You make an offer to Us to purchase products You have selected based on standard Site conditions, merchant specific conditions, and on the terms and conditions stated below. You are required to create an account in order to purchase any product from the Site. This is required so We can provide You with easy access to print/view Your orders and Your past purchases.

Services Provided

On this Site, We provide You with access to exclusive clothing that can be purchased at the price mentioned on the Site for the relevant product and on terms contained herein as well as on the relevant page describing the product. We also provide You with styling services and a comprehensive assisted shopping experience. As part of our services, We help you in picking the outfit perfect for You and customise it to suit your exact needs. We will assist you in determining the right products for Your body type, Your taste, and Your needs besides providing the information You seek about the products You wish to purchase.

Eligibility for Membership

Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 being persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872. This also means minors are not eligible to use the Site. If You are a minor i.e. under the age of 18 years, You shall not register as a member of the Site and shall not purchase any items on the Site. As a minor if You wish to purchase an item on the Site such purchase or sale may be made by Your legal guardian or parents who have registered as users of the Site. We reserve the right to terminate Your membership and refuse to provide You with access to the Site if it is brought to our notice or if it is discovered that You are under the age of 18.

Your Account Details and Responsibilities

You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof). If You use the Site, You are responsible for maintaining the confidentiality of Your account and password including cases when it is being used by any of Your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from Your account and any dispute arising out of any misuse of Your account, whether by any family member, friend, relative, any third party or otherwise, shall not be entertained by the Company. Because of this, we strongly recommend that You exit from Your account at the end of each session. You agree to notify us immediately of any unauthorized use of Your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

Colours of Products

While We have made every effort to display the colours of the products on the Site as accurately as possible, We cannot guarantee that Your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary. Even finished products could have minimal colour variations during the production run, or in subsequent manufacture. You acknowledge that actual colours may slightly vary from colours displayed at the time of placing the order. No cancellations or returns shall be permitted on account of such minor colour variance.

Personal Information and its Usage

“Your Information” is defined as any information you provide to Us or other users of the Site in the registration process, in the feedback area, WhatsApp or other chat service provided on the Site, etc. or through any e-mail feature. You are solely responsible for Your Information, and in accordance with certain features of the Site, We may only act as a passive conduit for online distribution and publication of Your Information.

The text in the following paragraphs is inserted in accordance with the Information Technology Act, 2000 and the rules framed thereunder. Please note that in accordance with the Information Technology Act, 2000 and the rules framed thereunder, in case of non-compliance with rules and regulations, agreement and privacy policy for access or usage of intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information.

You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

  • Belongs to another person and to which You do not have any right;
  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • Harms minors in any way;
  • Infringes any patent, trademark, copyright or other proprietary rights;
  • Violates any law for the time being in force;
  • Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • Impersonates another person;
  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Solely to enable Us to use the information You supply us with, You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to use Your Information, in any media now known or not currently known, in accordance with these Terms and/or our Privacy Policy.

Electronic Device & Responsibilities

The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.

Electronic Communications

When You use the Site or send emails or other data, information or communication to Us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email/SMS/call/WhatsApp or by an electronic record on Our Site which will be deemed adequate service of notice / electronic record.

Reviews, Comments, and Feedback

While We may invite or allow Users to provide the Company with feedback, comments or even suggestions either on the Site or via emails/messages etc., these comments, feedback or suggestions should not be contradictory to these Terms or be in violation of any applicable laws. We reserve the right to delete or block any message/email which is in violation of these Terms or applicable law. Further, the Company also reserves the right to suspend or deny Your access to the Site in such a scenario.

Any messages/emails with feedback, comments or suggestions shared by You become the property of the Company and You may not claim intellectual property protection on such ideas. This implies, the Company reserves the right to exclusively use such feedback, comments and/or suggestions shared by You.

License

All intellectual property rights are reserved. You may access this from Mahira for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Mahira
  • Sell, rent or sub-license material from Mahira
  • Reproduce, duplicate or copy material from Mahira
  • Redistribute content from Mahira 

This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Mahira does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Mahira, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Mahira shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Mahira reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Mahira a non-exclusive license to use, reproduce, edit and authorise others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Product and Pricing Information

We strive to provide You with the best prices possible on products and/or services You buy from Us, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. Our pricing is subject to our pricing policy and the final prices shall be determined at Our sole discretion. While We will endeavour to match the lower price listed on another sale platform, if We are unable to match the price, We will not be obligated to conclude a sale with You at such lower price.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We may, at our discretion, either contact You for instructions or cancel your order and notify You of such cancellation. We will have the right to modify the price of the product and contact You for further instructions using the e-mail address or telephone number provided by You at the time of registration or placing an order, or cancel the order and notify You of such cancellation. If We have to cancel an order after we have processed your payment, the said amount will be reversed back to Your credit card account/bank account. The individual product price as showcased on the Site may include product price, shipping charges and customisation charges (if any).

Cancellation by Us

Please note that there may be certain orders that We are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in Your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect in the product. We may also require additional verifications or information before accepting any order. We will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after your payment is processed, the amount paid will be reversed back to your account within 5 to 7 working days of receiving your bank account details. No cash refund will be done at any point of time. In case of payments made via an online mode, You will opt for a chargeback only if We have been unable to reverse your monies to Your account within the timeline set out herein.

Cancellations by the User

In case of requests for order cancellations, We reserve the right to accept or reject such requests. As part of usual business practice, if We receive a cancellation notice within 24 hours of placing the order, we shall cancel the order and refund the entire amount. We cannot process a cash refund under any circumstances. We will not be able to cancel orders that have already been processed (including orders that may have been processed within the first 24 hours) or orders for which cancellation request is received after the expiry of the above mentioned 24 hours. We have the full discretion to decide whether an order has been processed or not. You agree not to dispute the decision made by Us in this regard. It is clarified that after the expiry of the first 24 hours after placing the order, You would not be entitled to cancel the order and receive a refund.

Customisation

  • All custom-made orders will be non-refundable, non-exchangeable and non-returnable.
  • All alterations shall be considered as customisation for the purposes of these Terms.
  • Any embroidery required to be done will be considered as customisation and will be on a chargeable basis.
  • Any early delivery order will be considered custom made.
  • All customisation will be subject to availability and specific confirmation.
  • Customisation by designer may be chargeable. We will inform you of the customisation charges, if any, after the details of customisation are shared by You. This may take 3-4 working days and could be after the initial / full payment for the order has been processed.
  • We reserve the right to cancel or withdraw the offer to customise at any given point of time without any prior notification.
  • Colour customisations may have a slight difference in final result, owing to the hand dyeing process. The final result tends to have a natural colour difference which is either dark or light or a slight variant.
  • Any fitting issues arising out of erroneous alteration/ production will be rectified by Us. However, if a product altered/customised is as per the measurement provided, We do not take responsibility for any subsequent fitting issues. Should You need additional alteration, the same can be done subject to additional charges and the possibility and timeline for such alterations and availability of resources at Our end. It is clarified that all alterations done by Us outside India shall be on a chargeable basis.
  • All alterations of discounted merchandise will be chargeable irrespective of the purchase date, value of the product or type of alteration. We will inform You of the alteration charges, after the product has been examined and the details of alteration shared by You. This may take 3-4 working days and may be after the initial / full payment for the order has been processed.
  • Customise order will be dispatched after 5-6 weeks of order placement as customisation time will depend upon the design intricacy.

Fraudulent Use/ Transactions

We may constantly monitor the User’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing Our services fraudulently shall be liable for legal actions under applicable law and We reserve the right to recover the cost of goods, collection charges using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these Terms. In the event of detection of any fraudulent transaction, prior to initiation of legal actions, We reserve the right to immediately delete such an account and dishonour all past and pending orders without any liability. For the purpose of this clause, We shall owe no liability for any refunds.

Credit Card Details

You agree, understand and confirm that the credit card details provided by You for availing of services on the Site will be correct and accurate and You shall not use the credit card which is not lawfully owned by You, i.e., in a credit card transaction, You must use Your own credit card. You further agree and undertake to provide the correct and valid credit card details to Us. Further, the said information will not be utilized and shared by Us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on You and the onus to “prove otherwise” shall be exclusively on You.

Unavoidable Casualty

In case of the emergence of an event, which is beyond Our reasonable control or which could not have been foreseen under any circumstances, such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental body act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, etc., We will not be held liable for any loss or failure to perform any obligation under these Terms.

Governing Law

These Terms and the Privacy Policy or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India, with exclusive jurisdiction conferred on the courts at Mumbai.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Cookies

We employ the use of cookies. By accessing mahirabypoojajain, you agree to use cookies in agreement with the Mahira's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site.

Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Links to Other Websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Product Description

The Website or the Website owner provides Product description that is as accurate as possible. However, the Website or the Website owner does not warrant that Product description or other content of this site is 100% accurate, complete, or error-free. The customisation application is a mere representation of the Product being purchased; the final Product or Service may differ slightly from that of the image and/or description being designed.

Disclaimer of Warranties/Limitation of Liability

The Website and the Website owner have endeavoured to ensure that all the information on the Website is correct, but the Website or the Website owner neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall the Website or the Website owner be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

  • The use or the inability to use the Services or Products;
  • Unauthorized access to or alteration of the user’s transmissions or data;
  • Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.

Neither shall the Website or the Website owner be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Website or the Website owner shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the Website’s or the Website owner’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that arise on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Removal of Links from Our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

GENERAL CONDITIONS

  • Mahira requests you to abstain from referring Mahira to your friends or relatives, who do not wish to purchase our products.
  • We reserve the right to refuse service to anyone for any reason at any time.
  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  • Mahira requests you to abstain from providing wrong, invalid or fictitious email address and thereby cause Mahira send invitations to wrong recipients. You agree to indemnify Mahira without limitation for any harassment claim made against Mahira due to such wrong, invalid or fictitious email addresses provided by you.
  • In addition to the Terms and various policies, Mahira reserves to set out separate terms and conditions for any Gift Vouchers, offers or discounts offered by Mahira on any of its product(s).
  • In case of a conflict in the Terms, the decision of Mahira shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
  • The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at his/her/their own discretion and risk and they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.
  • In case of any grievances with respect to (i) the Website or any contents of the Website or (ii) products purchased on the Website, please contact us by sending email to [email protected]