Terms and Conditions
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY MIRRAW ONLINE SERVICES PVT. LTD. ("MIRRAW"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.MIRRAW.COM (THE "SITE") AND ALL SERVICES PROVIDED BY MIRRAW ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Membership Eligibility and Registration
Mirraw's services are not available to temporarily or indefinitely suspended Mirraw members. Mirraw reserves the right, in Mirraw's sole discretion, to cancel unconfirmed or inactive accounts. Mirraw reserves the right to refuse service to anyone, for any reason, at any time.
Fees and billing
Our fees and sales commission are described in our Fees Policy. Changes to the Fees Policy and the fees for Mirraw's services are effective after Mirraw provides you with at least fifteen (15) days' notice by posting the changes on the Site. However, Mirraw may choose to temporarily change the Fees Policy and the fees for Mirraw's services for promotional events (for example, free listing days); such changes are effective when Mirraw posts the temporary promotional event on the Site. Unless otherwise stated, all fees are quoted in Indian Rupees (INR).
VAT and other taxes
The seller is solely responsible for the payment of VAT and other taxes applicable to the seller. The seller should take care of including this in the product price and must not charge the buyer tax above and over the listed product price. Wherever the sales of a product needs a special government permit or any other documentations as applicable (in case of a b2b shipping to specific states, etc) the seller shall take the responsibility to obtain the same.
Listing and Selling
Registered users of Mirraw.com can create their personal shop on Mirraw.com. All items and offers of a user will be listed in this shop. Mirraw is an exclusive marketplace for designer items. If your products don’t fit into these, you may not be allowed to open a shop at Mirraw, unless the management accepts to treat you as an exception. Sellers are solely responsible for all items listed in their shop and for the compliance with legal regulations. Information provided by you in the course of setting up a shop shall be true, accurate and complete. You are obliged to update this data as necessary and to always provide up-to- date information.
You are responsible for ensuring that you have the right to use all content on your listing and that Mirraw has the right to host it on our servers. All content may only refer to the items listed on Mirraw and may not advertise goods not listed on Mirraw.com. All information relevant to the purchase decision must be true, accurate and complete. All information related to payment, delivery and delivery time must be complete. As a business person offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law. Mirraw reserves the right to unlist and delete items if an item infringes legal regulations, these Terms & Conditions or the principle and rules of Mirraw.com.
Buying
By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful. Mirraw is not responsible for the side effects one might endure by the use of the products sold at Mirraw. Mirraw takes all steps to ensure that the seller is genuine but cannot guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings.
Refund Policy
Mirraw reserves the sole right to accept or deny refunds and will act reasonably in the common interest of both parties involved. Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a clear typographical error is made, or there if a seller defaults in any way with the product listed or in the delivery of the same.
International Orders
Protocol for international order is followed as outlined in the help article Read Here
Prohibited Items
You are prohibited from engaging in selling or buying of the items listed in the Prohibited Items list.
Prohibited Activities
All activities of users while using Mirraw.com or any service provided by Mirraw shall be in accordance with legal regulations. Content provided by users on Mirraw.com shall not infringe legal regulations or these Terms & Conditions. Your information and your activities must not:
- be false, inaccurate or misleading;
- be offensive or menacing, abusive, defamatory;
- be obscene, indecent or contain child pornography;
- infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
- be fraudulent or involve the sale of counterfeit or stolen items;
- be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti- discrimination, false advertising);
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from Mirraw.com without the prior expressed written permission of Mirraw and the appropriate third party, as applicable.
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other sellers or customers;
- link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms & Conditions ;
- Violate this Agreement or any other Mirraw policy or guidelines, or any applicable law, statute, ordinance or regulation.
- add a Mirraw employee or a Mirraw user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure;
- contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of Mirraw.com is in any way impaired
- not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission
- be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Mirraw staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- be obscene or contain pornography
- host images not part of a listing
Cancellation
Mirraw reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days. Suspended users are not permitted to use Mirraw.com and to create a new user account. You can cancel the User Agreement at any time in writing to Mirraw Online Services Pvt. Ltd., 160, C.P.Tank, MuljiNiwas, 3rd Floor, Flat No. 6, Mumbai 400004 or to team@Mirraw.com
Liability & Warranty
IN NO EVENT SHALL MIRRAW, AND (AS APPLICABLE) MIRRAW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR MIRRAW'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MIRRAW'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. MIRRAW'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MIRRAW'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MIRRAW IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) INR1000. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Mirraw is not liable for contracts formed between users of Mirraw.com. Mirraw is not liable for information on Mirraw.com provided by its users. We claim no intellectual property rights over the material provided by users of Mirraw.com.
Notices
Except as explicitly stated otherwise, any notices to Mirraw shall be given by certified mail, postage prepaid and return receipt requested to Mirraw Online Services Pvt. Ltd., 160, C.P.Tank, MuljiNiwas, 3rd Floor, Flat No. 6, Mumbai 400004, and any notices to you shall be given to you via the email address you provide to Mirraw.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Mirraw.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Disclaimer
We, our subsidiaries, officers, directors, employees and our suppliers provide the Site and the Services on an "as is" basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Site and/or the Services. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. We reserve the right to alter these Terms & Conditions at any time. If the alterations constitute a material change to the Terms & Conditions , we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Mirraw, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Mirraw are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement. This Agreement will prevail over any conditions of sale imposed by a seller. Our Fees Policy is incorporated in this User Agreement by reference. The fees policy may be amended from time to time and material changes will be posted on the Site and sent to you at your registered email address.