Terms And Conditions

TERMS OF USE AND NOTICES AGREEMENT BETWEEN USER AND MIBRAND OVERSEAS LLP

Access to and use of the worldwide website (“MYINDIANBRAND.COM” hereinafter referred to as “MIIB”) owned by MIBRAND OVERSEAS LLP, is provided and allowed only to person(s) in the jurisdiction(s) where it is lawful to provide such services, and subject to the terms, conditions and notices hereunder, as modified from time to time. Your accessing and using this website/MIB, constitutes your agreement to these terms, conditions and notices. As a registered user of this website/MIB, this Agreement shall be effective and binding upon your “Acceptance” of these terms and conditions. Acceptance means your act of clicking on the Check Box and on the Continue Button as provided on the User Registration page. Note if you do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the “Check Box” and the “Continue” button and do not seek access to or otherwise use the website/MIB.

1. DEFINITIONS

For the purposes of this Agreement, the words/phrases defined herein below shall be construed accordingly, unless repugnant to the context or the meaning thereof.
1.1 “ Agreement” means this particular Agreement between You and MIB (MYINDIANBRAND.COM), as it exists mutatis mutandis, and includes any and all schedules, appendices, annexures, privacy policies for the access and use of this Website.
1.2 “User” means and includes any and each person who establishes a connection for access to and use this website, and includes a Registered User, who registers on this Website.
1.3 “Website” means worldwide website in the domain of myindianbrand.com operated as MIB and, inter alia, provide a platform to sellers/buyers for showcasing and sale/purchase of various products sold by them and for providing transactional information in relation to any transactional of purchase/sale of products entered into between the sellers/buyers through this Website.
1.4 “You” means and includes any and each person as has been defined in “User” above.
1.5 “Seller” means the person, who/which showcases various products on the Website for sale to buyers through this website or generally through this Website, and includes franchisee/s of MIB or non-franchisee sellers.
1.6 “Buyer” means the person, who/which places an order for purchase of a product on the seller through this website or generally through this website.
1.7 “Individual” or “Person” means and includes any individual, firm, company, governmental authority, joint venture, partnership, association or any other entity (whether or not having separate legal entity).

2. MIB IS A VENUE

2.1 MIB/MYINDIANBRAND.COM acts as a venue to allow Users who comply with MIB’s policies to offer, sell and buy certain goods within a fixed-price format. MIB is NOT directly involved in the transactions between Buyers and Sellers. As a result, WAC has no control over the quality, safety, morality or legality of any aspect of the items listed or the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. MIB does not pre-screen Users or the content or information provided by Users. MIB cannot ensure that a Buyer or Seller will actually complete a transaction.

2.2 Consequently, MIB does not transfer legal ownership of items from the Seller to the Buyer.

2.3 MIB cannot guarantee the true identity, age, and nationality of a User. The User agrees that MIB is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on MIB. User will use the MIB service at his/her own risk.

2.4 User agrees that the sole purpose of registering or using the Website is to buy or sell products PRODUCED AND MANUFACTURED IN INDIA including any products which are created by your hand as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and User shall not use this Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought in any manner.

3. ELIGIBILITY OF AND REPRESENTATIONS BY THE USER

3.1 MIB’s services are available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. User represents and warrants that he/she is at least 18 years of age and that all registration information submitted is accurate and truthful. MIB reserves the right at its discretion to refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. These provisions are void where prohibited by law and the right to access the website is revoked in such jurisdictions.

4. USER ACCOUNT, PASSWORD AND SECURITY
4.1 User will be able to access this Website only by registering with us, which the User must do by providing MIB with current, complete, and accurate information as promoted by the applicable registration form. User will be entirely responsible for maintaining the confidentiality of the account, password and payment related information. Furthermore the User will be entirely responsible for any and all activities that occur under the User’s account. User agrees to immediately notify any breach of the security and unauthorized use of the User’s account to the MIB. User also agrees that the User will be held liable for any loss incurred by the MIB or any other party due to someone else using the User’s account either with or without the User’s knowledge and undertakes to indemnify MIB in this regard.
4.2 User shall be responsible for protecting the confidentiality of the User’s account and password and for ensuring that all use of your account complies fully with the provisions of this Agreement.
4.3 User shall be responsible for keeping the account information up to date and accurate at all times including updation of changes from time to time. To sell items on MIB, User must provide and maintain valid payment information such credit card information or valid PayPal account or bank account details.
4.4 User is not allowed to transfer or sell his/her MIB account and user ID to any other party. If a User is registering as a business entity, the User must personally guarantee that the User have the authority to bind the entity to this Agreement.
4.5 MIB services are not available to temporarily or indefinitely suspended MIB members. MIB unilaterally reserves its right to cancel unconfirmed or inactive accounts and also reserves the right to refuse services to anyone for any reason, at any time, without showing any reason.
4.6 Non-compliance of the above general terms and conditions of this Agreement may subject the user to civil or criminal liabilities, penalties, non-registration and/or deactivation of the existing User Account with MIB website without notice or intimation of any kind.

5. FEES AND BILLING

5.1 User is free to sign up for MIB account. MIB does not charge fees for creating a shop and listing products for the purpose of sale at this point of time. The same may change in future. MIB charges a convenience fee as a percentage of the sale price only when the item sells through the MIBs payment gateway. When the User lists an item on the MIB’s website, the User will have an opportunity to review and accept the fees that will be charged.

5.2 MIB’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for MIB’s services are effective after MIB provides impacted User with at least fourteen (14) days’ notice by posting the changes on the Site. However, MIB may choose to temporarily change the Fee Policy and the fees for MIB’s services for promotional events (for example, free listings, trial offer, road shows, exhibitions etc.); such changes are effective when MIB posts the temporary promotional event on the Website. MIB may also reach out to Users for special promotions or display at the consent of the User at a certain fee from time to time. However, this would imply only for the Users who agree for it. MIB may, at its sole discretion, change some or all of MIB’s services at any time. In the event MIB introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise specifically stated, all fees are quoted in INR (Indian Rupee).

5.3 In certain circumstances, including but not limited to a void or invalid transaction, MIB may issue a credit for the applicable fees to a Seller’s billing statement.

5.4 All fees/charges shall be quoted in Indian Rupees and shall be payable to MIBRAND OVERSEAS LLP within such time as specified in the invoice, including applicable taxes as may be levied.

5.5 User is responsible for paying all fees and applicable taxes associated with the usage of facilities of MIB.

5.6 Fees and Termination: If MIB terminates a listing or the User’s account, and/or if a User closes his/her account, or if the payment of MIB fees cannot be completed for any reason, shall be liable to pay MIB all unpaid fees plus any penalties, wherever applicable. If the Seller’s account is not paid in full and becomes past due, the Seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).

6. LISTING AND SELLING

6.1 Listing Description:  By listing an item on the Website the User warrants that all aspects of the item comply with MIB’s published policies. The User’s listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. MIB may decide to display products depending upon the relevance of content, hi-resolution images etc. The product will be listed on the website once MIB administrator approves the listing of products as per guidelines and policies of the Company.

6.2 The User shall not place any advertisements on the Website in any manner. Further, the User shall not use the Website to promote User’s own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by MIB in writing.

6.3 Shop Policies: All Users are urged to outline shop policies for their MIB shop. These policies may include, for example, shipping, returns, payment and selling policies. Users must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with MIB’s site-wide policies. Users/Sellers are responsible for enforcing their own reasonable shop policies. MIB reserves the right to request that a Seller modify a shop policy.
All contractual terms including the terms and conditions of delivery, payment, insurance etc. between the Buyer and the Seller shall be independently agreed with the other Users of the Website that you may transact with.

6.4 Binding Sale: All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller’s listing (such as payment method), or (b) the Seller cannot authenticate the Buyer’s identity. The Buyer is obligated to deliver appropriate payment for items purchased.

6.6 Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. The User will not alter the price of an item after a sale for the purpose of avoiding MIB transaction fees, misrepresent the item’s location, or use another User’s account without permission.

7. PAYMENT

7.1 Payments for the items on the Website, can be made by using payment gateways provided on the MIB’S website.

7.2 For the purposes of buying and/or selling any item listed on the Website, the User agrees and undertakes not to make payments in any manner other than as provided, without the prior consent of MIB.

7.3 The User acknowledges and accepts that the User have specifically authorized MIB to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.

7.4 In order to enable Users to carry out transactions on the Website, MIB will provide an electronic payment facility by “Instamojo” and “Paypal India” on the Website. This facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.

7.5 MIB shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company’s control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.

7.6 Any claim for refund of any payment made to MIB, for any reason whatsoever, shall be to the account of the Seller, and MIB shall not be responsible for the same including but not limited to service charges or any other fees/ charges.

7.7 The User agrees and accepts that MIB is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Online Payment Facility or any other method of payment to its Users.

7.8 Online Payment: In order to facilitate payments for Product(s) purchased by Seller through MIB website, at the request of Sellers, offers an online payment gateway facility that will enable the Purchaser to make payment in respect thereof to the Sellers using a credit/debit card account, subject to Purchaser’s complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s. Please refer to Annexure 1 at the bottom of this page for detailed terms related to Online Payment.

7.9 Credit/Debit card details: The Buyer agrees, understands, undertakes and confirm that the credit/debit card details provided by the Buyer for making payments for product/s purchased through the MIB website, either through on line payment gateway mechanism or through the IVR system will be correct, current, complete and accurate. The aforesaid information provided by the Buyer will not be shared by MIB/User with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by the Buyer. MIB or the Seller will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Seller/Buyer’s ID/password/credit/debit card number/account details in any way.

8. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES

8.1 The User is solely responsible for his/her conduct and activities on and regarding to MIB and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that the User submits, posts, and displays on MIB website.

8.2 The User agrees and undertakes not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that: (a) belongs to another person and to which the User does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person or use an anonymous proxy; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (i) 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; (j) shall not be false, inaccurate or misleading; (k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; (l) may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and (m) link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website

9. CONTENT

9.1 License: MIB does not claim ownership rights in User’s Content. The User grants MIB a license solely to enable MIB to use any information or Content User supply to MIB, so that MIB is not in violation of any rights the User might have in that Content. The User agrees to allow MIB to store or re-format User’s Content on MIB and display the same on MIB in any way as MIB chooses.

9.2 The User shall be responsible for keeping backup versions of the information and data provided by the User. The User hereby agrees that he/she will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.

9.3 As part of a transaction, User/Seller may obtain personal information, including email address and shipping information, from another MIB user in your independent capacity. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for MIB-related communications. MIB has not granted the User a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any MIB User to email or physical mailing list.

9.4 MIB will promote the product, features and services from time to time to Users. The discretion of communication by MIB to particular User will be solely on their own discretion.

9.5 Re-Posting Content: By posting Content on MIB, it is possible for an outside website or a third party to re-post that Content. The User agrees to hold MIB harmless for any dispute concerning this use. If the User chooses to display his/her own MIB-hosted image on another website, the image must provide a link back to its listing page on MIB.

9.6 Idea Submissions: MIB considers any unsolicited suggestions, ideas, proposals or other material submitted to it by Users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and MIB shall not be liable for the disclosure or use of such Material. If, at MIB’s request, any member sends Material to improve the site (for example through the Forums or to customer support), MIB will also consider that Material to be non-confidential and non-proprietary and MIB will not be liable for use or disclosure of the Material. Any communication by you to MIB is subject to this Agreement. You hereby grant and agree to grant MIB, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

9.7 Other Resources: MIB neither endorses nor responsible directly or indirectly for the availability of outside websites or resources linked to or referenced on the Site and for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9.8 The User agrees to defend, indemnify and hold harmless MIB, its shareholders, affiliates, sellers, partners, and their respective directors, officers, employees and agents from and against all claims, demands, losses, damages, liabilities, expenses, actions, including but not limited to, reasonable attorney fees, made by any third party, arising out of the use of MIB website by the User or through your User Account or any breach of this Agreement by the User.

10. RESOLUTION OF DISPUTES AND RELEASE

10.1 Any dispute arising from or relating to the subject matter of this Agreement, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by the Designated partner/s of MIB (Mibrand Overseas LLP). The arbitration shall be governed by the provisions of Indian Arbitration and Conciliation Act, 1996 for the time being in force. The Seat of the arbitration shall be Haryana in India. The language of the arbitration shall be in English. Each party shall bear the costs of the arbitration equally unless otherwise awarded by the Sole Arbitrator. The Arbitration Award shall be final and binding on all the parties to the Arbitration.

10.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.

10.3 If any disputes arise between one or more Users relating to the subject matter of this Agreement or any other claims, MIB encourages Users report the disputes to the local law enforcement agencies, or approach certified mediation or arbitration entity, as may be applicable.

10.4 The User agrees that the MIB has no obligation to resolve disputes between Users inter se or with outside parties. However, MIB may in good faith attempts to resolve a dispute in its own discretion, but will not make any judgments regarding legal issues or claims.

11. INTELLECTUAL PROPERTY RIGHTS:

11.1 All trademarks/service marks appearing on the MIB website are the property of their respective owners or licensors. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark/service mark displayed on this Website, whether of MIB’s or its licensors or its affiliates or any third party.

11.2 Copyrights:
(a) The works of authorship contained in this Website including, but not limited to, all design, text including software (like software for the running of this website, and program codes which may execute on server or which may be embedded or downloadable from individual pages on this website), illustrations, images, pictures, graphics, video, sound and music collectively called “the Materials”, are owned, except where expressly stated otherwise by MIB or one of its affiliates or partners. Further MIB owns a copyright in the selection, co-ordination, arrangement and enhancement of the Materials (which shall be included in the “Materials” for the purpose of clauses dealing with IPRs and Disclaimers). This website including all components and Materials are protected by Indian and International Copyright Laws and International Treaties as a collective wok and/or as a compilation and/or as individual works.

(b) The Users shall not copy, reproduce, transmit, display, perform, distribute, rent, sub-lease, alter, store this Website Materials for subsequent use or otherwise use in whole or in part, in any manner, without prior express written permission of MIB, except to the extent it constitutes ‘fair use’ under the Indian Copyright Act, 1957. The User acknowledges that the User does not acquire any ownership rights by downloading any copyright protected Materials. Any rights not expressly granted in these terms are reserved.

12. BREACH/TERMINATION

12.1 Either MIB or the User may terminate this Agreement at any time. Without limiting the foregoing, MIB shall have the right to immediately terminate, temporarily or indefinitely suspend the User’s account privileges, issue a warning to a User, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User, if MIB at its sole discretion, considers that the User has breached this Agreement in letter and spirits and/or MIB is unable to verify or authenticate any of the personal information or Content provided by the User and/or MIB believes that a User is acting or engaged in improper or fraudulent activity in connection with MIB or that such action of the User may cause legal liability or financial loss to MIB or its other Users.

13. DISCLAIMER, WARRANTIES AND LIABILITIES

13.1 Whilst MIB will endeavour to ensure that the information on MIB website is correct, due to the inherent hazards of electronic distribution of Material and other factors, there may be inaccuracies in such Materials in the MIB website as well. MIB, Users, Sellers, Service providers or technology partners provide this Website and facilities including “Order Placing Facility “as is” and without any warranty or condition, express or implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to any product. For the said reason, MIB does not also guarantee continuous, uninterrupted access to the Site, as the operation of the Site may be interfered by numerous factors outside MIB’s control.

13.2 MIB shall have absolutely no liabilities whatsoever nature arising out of or in connection with the usage of Materials and services/facilities on this website by Users or any other person, but not limited to, any liability for any damage or loss to bodily injury, computer hardware, data, information and/or business resulting from the Materials or the lack of Materials available on this Website or from any computer viruses, communication line failure.

13.3 MIB’s liability to Users or any third parties in any circumstances (if applicable) is limited to the greater of (a) the amount of fees the User pay to MIB in the 12 months prior to the action giving rise to liability, and/or (b) $100. Wherever the exclusion or limitation of incidental or consequential damages are not allowed, this clause will not be applicable.

13.4 The User agrees to indemnify and hold MIB and its parents, subsidiaries, affiliates, officers, partners, agents, employees, et c harmless from any claim or demand, including reasonable attorney fees, made by any third party/ies due to or arising out of the breach of this Agreement by you or the documents it incorporates by reference or your violation of any law or the rights of a third party.

14. MISCELLANEOUS

14.1 Legal Compliance/Taxes: The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations as may be applicable regarding the use of the website and any MIB services with respect to User’s listing, purchase, solicitations of offers to purchase, and sale of items. In addition, the User shall be responsible for payment of taxes applicable from time to time on any purchases/sales made on the website, excluding taxes on MIB’s net income.

14.2 Entire Agreement: This Agreement together with the various Rules made for the governing of certain services on this Website and annexures/schedules thereto, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement.

14.3 Severability: If any of the provisions of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable under any existing or applicable laws, such provisions would be deemed severed from the rest of this Agreement and the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

14.4 No Agency: The User and MIB are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14.5 Good Faith: The User shall act in good faith in the performance of User’s obligations under this Agreement.

14.6 Notices: Except as explicitly stated otherwise, any notices shall be given by post to MIB: Attn: Legal Department Mibrand Overseas LLP in the case of MIB, or in User’s case to the email address provided by you to MIB (either during registration process). Notice shall be deemed served 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternately, MIB may give the User Notice by certified mail, postage prepaid and return receipt requested, to the address provided to MIB, in such a case notice shall be deemed given 3 days after the date of mailing.

14.7 General: The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment’s, software needed for access to and use of this Website, and all charges relating thereto. When you visit the Website or send emails to MIB or give MIB your feedback, the User understands that the User is communicating with MIB electronically/through electronic records and consent to receive communications from MIB through the said media. The User agrees that all agreements, notices, disclosures and other communications that the MIB provides the User electronically satisfy all legal requirements of adequate service of notice/electronic record.

This document is an electronic record in terms of Information and Technology Act, 2000 and Rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes from time to time. This Agreement is generated by a computer system and does not require any physical or digital signatures.

ANNEXURE 1 : ONLINE PAYMENT TERMS AND CONDITIONS

Online Payment system is provided by MIB on behalf of Users/Sellers. MIB may update and revise these terms and conditions from time to time and any changes will be effective immediately on being set out here. Please ensure You are aware of the current terms.

The Online Payment are processed through an online payment gateway system provided by Instamojo, who comply with the Payment Card Industry Data Security Standards (PCI DSS) for Credit Card data security and the payment mechanism shall be subject to the terms and conditions set out by Instamojo (http:://www.instamojo.com) Please read these terms carefully before using the online payment facility. Using the online payment facility on this Website indicates that you accept these terms. If you do not accept these terms, do not use this facility.

All payments are subject to the following conditions:

  1. Your payment instructions will be effected only after proper authentication in accordance with the procedures prescribed by the online payment facility.
  2. Your payment will be normally credited to the Seller account to which you are making payment within 5 working days from the date of product delivery.
  3. Neither MIB nor the Seller will accept any liability if payment is refused or declined by the Credit/Debit Card supplier/Service Provider for any reason.
  4. If the Card supplier/service provider declines payment for any reason whatsoever, MIB or the Seller is under no obligation to bring this fact to your attention or deliver the product/s. You should check with your bank/credit/debit card supplier that requisite payment has been deducted from your account for credit to the account of the Seller.
  5. MIB and/or Seller shall not be liable to the User for any injury or damage caused by way of failure of performance, delay in processing or transmission, error, interruption, communication line failure etc. whilst using the on-line payment facility, whether in contract, negligence or under any other legal theory/cause of action whatsoever.
  6. In no event will MIB or Seller be liable for any damage whatsoever arising out of the use, inability to use, or the results of use of this online payment facility, any website linked to this MIB website for use of the online payment facility, failure of internet facility, server or on account of computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of any such damages.
  7. Refunds, if applicable will only be made on the debit/credit card or bank account used for payment for the original transaction.
  8. Your use of this service is at your sole risk, and the online payment facility is entitled, in its sole discretion, to refuse to comply with any of your instructions without assigning any reasons. Further the online payment facility reserves the right to charge and recover certain fees for the use of its services.
  9. Although adequate security measures are adopted, MIB and or Seller shall not be responsible for any unauthorized access to the service or your account.

For more details on Products and services please read our Terms of Use and Notices.

PRIVACY POLICY

At Myindianbrand, we value your concerns about online privacy & security while browsing and shopping at our website. We make every effort to guarantee that the information you provide will not be misused. If for some reason the following privacy and security policy does not answer your questions, please contact us at contact@myindianbrand.com . We value your feedback and look forward to improving our services to better meet your needs.

When And What Information Does Myindianbrand Collect?

Myindianbrand collects basic information required to service your requests, including your name, mailing address, email and phone number. This information is gathered when you purchase products/gift certificates, or sign up for email notifications. Your card information is requested only when you place an order and is submitted via the highest level of encryption to ensure the greatest amount of safety and security.

When you browse our website, we also use “cookies” or bits of tracking data to gather information about your preferences. This includes your internet service provider’s address and your clicks and activity on our website. We do not trace this information to individual customers and will never use cookies to save confidential information such as passwords or credit/debit card information.

Why Do We Collect This Information?

The primary reason we gather information is for order processing, shipping and customer service. For example, we may contact you to provide an update on your order, information regarding the shipping status or to clarify questions related to your order. We also use this information to improve our products, services, website content and navigation.

What Steps Does Myindianbrand Take To Ensure Security When Shopping Online?

When you place orders or access your account information, we offer the use of secure socket layer (SSL) technology. The secure socket layer (SSL) encrypts all information you put in before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we have employed reasonable and current Internet security methods and technologies.

www.myindianbrand.com web site makes use of 128 Bit Secure Socket Layer (SSL) technology to encrypt credit card and billing information while it is transmitted over the internet. We do not record or retain your card information at all as it is directly passed over to the payment gateway for processing through the 128 Bit Secure Socket Layer (SSL).

When you make a purchase online, either a solid key or a locked padlock icon will appear in the lower right of your browser window. This icon indicates that your transaction session is secured through Secure Socket Layer (SSL).
The information is sent to your card issuer’s bank over a secure, proprietary connection. When the authorization process is complete – this takes around five seconds – you receive an approval or decline response in your browser, and we are informed appropriately to initiate the shipping process.

Does Myindianbrand Share My Information With Other Companies?

Myindianbrand respects that you do not want your personal information shared with other companies. Therefore, the information which you provide will only be used for your intended purpose and to complete your online purchase. Myindianbrand does not share, rent or sell your information with any other company.

How Do I Update My Account Information?

It is quick and easy to update your account information. Simply log in at My Account and proceed to ‘Account Information’. Please note that we do not store your credit/debit card information in your personal profile.

How Do I Remove My Name From The Myindianbrand Email List?

If you would like to unsubscribe from our email mailing list, you can always do so by clicking on the Unsubscribe link in the Myindianbrand email sent you. If you are a registered user with myindianbrand.com, you can also log into My Account, and unsubscribe from the Newsletter Subscriptions page. In both cases, you will be removed from our mailing list.

1.SELLER REGISTRATION:

A User who wishes to sell items on the myindianbrand.com shall register by providing the requisite information/ data on the MIB Seller Registration page including details of the seller’s Valid Bank Account (MIB Seller Registration). The sellers shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. MIBrand Overseas LLP (“the Company”) has the right to suspend/ terminate the MIB Seller Registration and the use of the Website by the seller if the Company discovers or it is brought to the Company’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.

2. INVOICING, SHIPPING & PRODUCT LIABILITIES:

Please note that we are a marketplace platform. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging fees towards hosting your shop and listing your products. Therefore invoicing and shipping to customer is your responsibility. Also any taxation related to sale of your products like GST etc is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products is solely yours and myindianbrand.com will not be responsible for any loss or damage due to your products.

3. HOLD, SUSPENSION AND TERMINATION OF MIB SELLER REGISTRATION:

In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the Company may suspend and/or terminate the MIB Seller Registration or may put the remittances on hold with respect to such Seller. The Company may reinstate or activate seller’s MIB Seller Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and polices made thereunder. MIB Seller Registration is subject to the seller remaining an active User of the Website.

Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend seller’s MIB Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.

4. KNOW YOUR CUSTOMER (KYC) DOCUMENTATION:

At the time of MIB Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. ‘KYC Documents’ shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with MIB Facility or at any subsequent date.

The Company may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.

5. CHARGES APPLICABLE TO SELLERS:

The Company shall levy charges/ fees from time to time (for providing facilities to sell on the Website) to the Sellers in accordance with the Facility Charges Policy incorporated herein by reference. The Company will provide the Seller with an e-invoice reflecting the facility charges.. If the seller avails of any of the services provided under MIB Logistics by the Company, the seller will be liable to pay additional fees, charges in respect of the services availed as set out in the Facility Charges Policy.

The Company reserves the right to change the Facility Charge Policy and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website and/or under MIB Logistics. Any such changes shall be effective from the time that the Company posts the same on the Website.

The Seller will be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The seller shall pay the remit the appropriate charges to the Company or the Company will deduct such charges from the Transaction Price to be remitted to the seller. The Company shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Seller irrespective of any charge back, refund or non-fulfilment of the Transaction.

The Company reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.

6. SINGLE LISTING:

You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one “identical” item you may include in the same listing for each of them and if listings result in successful sale of multiple items you must be in a position to fulfil all such orders. All listed items must be listed in an appropriate category on the Website.
You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Annex 1 hereto.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing in the nature of ‘wanted advertisements’ that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.

7. NO INFRINGEMENT OF INTELLECTUAL PROPERTY OF COMPANY AND THIRD PARTIES:

You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.

8. APPROPRIATE DESCRIPTION IN LISTING:

You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.

You shall not provide any information such as a catalogue of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.

Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.

You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.

Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made there under that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.

9. CATEGORIES:

If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.

10. FAIR SALE:

You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Website.

If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or the User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.

11. UNFAIR CONSUMER PRACTICE:

You will not engage in any unfair trade/consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.

12. FEEDBACK:

Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have, to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.

13. NON PAYMENT:

The Company reserves the right to issue a warning, temporarily or indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Facility Charges or any other fees payable by you to the Company whether for MIB Logistics services or otherwise. The Company also reserves the right to take legal action in case of such non-payment.

14. INTERNATIONAL TRADING:

MIB allows sale in India at this point of time and is in the process of expanding to other countries. It will be solely your responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Website, the Company or other Users who rely on such listing including reimbursement of any service charges incurred towards the MIB payment Facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be delivered. You are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India. You hereby undertake to indemnify the Company/Website for any loss/damages/action against the Company in this regard.

15. REFUSAL TO SELL:

Once any User confirms a purchase in response to a listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed.

16. PRICING:

The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which may be charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.

17. BUYER SATISFACTION:

You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 50% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.

18. ENDING OF LISTING:

You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.

19. PAYMENT CONFIRMATION:

In case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within 3 days of booking the Transaction and completion of verification of payment, the Company shall notify the buyer and the seller that the Transaction Price has been received

20. RULES FOR DISPATCH:

The seller is required to Dispatch the items for every Transaction to the Buyer within 3 days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller through the Website to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Payment Confirmation from the Company.

You must use reputed postal/ courier service provider with good track record which provide tracking facility for shipped items.

You shall Dispatch the items using only a delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ documentation. Such proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by you for period of 12 months from the date of the Dispatch. The PODs should be furnished to the Company on demand within the timeframe as notified from time to time.

You agree that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.

You shall send an invoice addressed to the Buyer for the Transaction Price together with the item at the time of Dispatch.

If the Seller fails to provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to suspension and/or termination of Seller’s MIB payment Registration and/or any consequent actions as specified in the User Agreement.

DISPATCH DETAILS:

The Seller shall provide the Dispatch Details on the Website within 7 days from the Payment confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details in the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered in the MIB payment facility within 10 days of Payment Confirmation.

DELIVERY:

The time within which the seller is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Seller enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India and within 21 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the Buyer and Seller on the Website.

In case of Payment on Delivery Transactions, It is the sole responsibility of the seller to ensure that the goods shipped are received by the buyer are in good condition and not damaged for any reason whatsoever, irrespective of whether the delivery is made by the Logistics Partner or seller has availed the services of MIB Logistics. For all fragile goods shipped, seller is responsible for any damage during the product transit. Seller is further required to package the product properly and should test the packaging before final dispatch.

22. REMITTANCE TO SELLERS:

Seller agrees that the Transaction Price paid by a Buyer (less of MIB fees) will be remitted to Seller’s Bank Account contingent upon the following events:

– Buyer confirming the Delivery of items in the Transaction, or

– Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within 5 days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Seller to the Buyer, or

– Buyer does not raise a refund claim within 7 days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law, or

All remittances to Sellers in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Seller’s Bank Account.

The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of the MIB payment facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.

Remittances to the Seller for their successful Transactions under the MIB payment Facility would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.

23. WARRANTIES AND UNDERTAKINGS:

Seller warrants and undertakes that:

All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website and/or MIB Logistics services does not in any way becomes a party to the contract for the sale of the item.

Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.

In the event that:

– the Seller fails to Deliver within the time prescribed; or

– the Seller sells or Delivers any illegal, prohibited or counterfeit items; or

– the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or

– there is any dispute between Seller and the Buyer relating to the Transaction, or

– the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or

– the Buyer claims a refund of or charges back the Transaction Price,

The Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.

Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, partners, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the MIB payment Facility.

In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.

Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.

24. SELLER VERIFICATION AND REFUND TO BUYERS:

The Seller authorises the Company to perform certain checks before remitting the Transaction Price to Seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:

– If the Seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or

– If the verification documents submitted are invalid, tampered or forged; or

– If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or

– If the Seller has not Dispatched the items using a recognized dispatch channel but used any other means; or

– If Seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or

– If the Seller has listed an Item which violates the User Agreement or the rules and polices made thereunder; or

– If the Seller has Dispatched an item different from the description mentioned on the Transaction, or

The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.

In all the above cases the Company will not be held liable for any loss incurred by the Seller arising out of such refund and the Seller will indemnify the Company against any loss/damage and/or any action by a third party action.

 

(TO BE READ AS PART AND PARCEL OF THE USER AGREEMENT)

  1. As a buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the seller to purchase the items from the seller using either Payment on Billing as the method of payment to pay the Transaction Price which shall be paid to the seller through your Issuing Bank (except in case of cash payments). You agree and acknowledge that MIB (”the Company”) is only a facilitator for collection and remittance of Transaction Price. No interest or any benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by the Company through and of the prescribed payment methods.
  2. You may agree with the seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of the User Agreement and the rules and policies made there under.

TRANSACTIONS

As a marketplace venue, MIB’s role is to connect shoppers (buyers) with independent shops (sellers). As a shopper, when you place an order through MIB, you enter into a transaction with an independent shop, facilitated by MIB.

A transaction is created when a buyer has completed the Checkout process on MIB. Both the buyer and the seller are sent an email from MIB about the order and a receipt record in their MIB account. A transaction is considered complete after the buyer has submitted payment and the seller has shipped the item to the buyer.

MIB aims to keep the shopping experience consistent across the marketplace; however, since each shop is an independent business, there may be some differences between shops. Each shop may have their own specific policies for things like shipping time, Shipping policy, returns, exchanges and custom orders; these shop policies may not conflict with MIB’s site-wide policies. Additionally, please take note that third-party services may be involved in a transaction (for example: payment gateway, shipping services), and these other services may have different policies regarding transactions or use of their services. Buyer is required to read all the terms and conditions of the website user agreement and the respective shop policies defined by the seller before the purchase of the product.

BUYER BEST PRACTICES

As a shopper on MIB, you can take the following steps to help create a smooth transaction:
– Use MIB to communicate with the seller about any questions, special details or problems.
– Read the listing details and the shop’s policies page before purchasing.
– Provide an accurate shipping address during Checkout.
– Before returning an item, check the shop’s policies and contact the seller. (Not all shops accept returns.)
– In the event of a return, retain proof of shipping and/or delivery confirmation that includes the date and recipient’s address

PAYMENT METHOD

You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing for the Transactions conducted on the Website. You will be intimated when the Transaction Price is credited to the account of the Company (in case of Payment on Billing) which will be confirmed by the Website.

CONTACT INFORMATION

The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately. The Company takes no responsibility for any delay/ non delivery of the goods on account of failure of the User to update the contact information provided on the Website and any consequent negative feedback by the buyer will be deleted or modified.

FEEDBACK

You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any User or the Website or your experience whilst using the Website, known to you from first-hand experience only. You shall not include any hearsay information, or information that results in maligning any User, brand or product in your feedback. You must inform the Company immediately on becoming aware of violation of any applicable laws or violation of the provisions of this User Agreement and the rules and policies made thereunder at contact@myindianbrand.com

LIMIT ON VOLUME OF TRANSACTIONS

The Company reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.

VERIFICATION OF PAYMENT

To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Company may contact the buyer for verification of or additional information, details, data and documents. The Company may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the buyer and seller.

The Company reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.

DELIVERY

The time within which the seller is required to ensure Delivery of the items to the buyer shall be calculated from the time the seller/Company enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India and within 21 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the buyer and seller and intimated on the Website

  1. The pricing is subject to change based on fuel surcharges and courier company base rates.
  2. Freight is calculated based on volumetric weight or actual weight whichever is higher. Dead/Dryweight or volumetric weight whichever is higher should be taken into consideration while calculating the rates. Volumetric weight is calculated LxBxH/5000 (length, breath, height must be taken in Centimeters and divided by 5000, this will give the value in Kilograms).
  3. It is the Sender’s responsibility to ensure that all necessary documentation in addition to the (Air) Waybill is provided and accurately completed in compliance with all applicable laws, rules and regulations, including but not limited to customs laws, import and export laws and government regulations of any country to, from, through or over which the Shipment may be carried.
  4. The sender is responsible for making sure goods shipped are acceptable for entry intro destination country. All the charges for shipment to and return from countries where entry is not permitted are the sender’s responsibility.
  5. Courier company reserves rights to refuse, hold, cancel, postpone or return any shipment at any time if such shipment would likely to cause damage or delay to other shipments, goods or person, or the carriage of which prohibited by law.
  6. If a Shipment cannot be delivered, cleared through customs or returned, the Shipment may be transferred or disposed of by courier company at its sole discretion. The Sender will be liable for any and all costs, Charges and fees incurred in returning, storing or disposing of an undeliverable Shipment.
  7. The sender is responsible for all the duty charges/customer clearance charges/taxes if not paid by buyer or shipment remain undelivered.
  8. Other Charges like address correction charges/Shipment destroy charges may apply if applicable shall be charged extra.
  9. Courier company will make every reasonable effort deliver shipments according to regular delivery schedules but courier company is not liable for any damage or loss caused by delay.
  10. RTO (return to origin) charges will be different from forward shipping charges. Also in case of RTO seller will be liable to pay to & from shipping charges along with in and out applicable duties.
  11. The maximum liability if any is limited to whatever compensation the logistics partner offers to Company in event of a claim by the Merchant, provided such claim is raised by the Merchant within one (1) month from the date of such damage or loss or theft.
  12. We shall not assist in shipping goods that come under the category of prohibited, dangerous goods or restricted by IATA & ICAO.
  13. Limited liability for shipment damage/loss will be as mentioned in below :
    FEDEX DHL ARAMEX
    $100 or 22 pound/kg in case multiple packages against one shipment or invoice value whichever is lower GM packet standard – Zero (No liability) Aramex $100 or invoice value whichever is lower
    GM packet plus standard – 40 Euro or invoice value whichever is lower
    DHL Parcel International Direct – Standard -100 Euro or 25 Euro per kg or invoice value whichever is lower
  14. It is mandatory to have the required import certifications like the Import Export code and license to ship any goods.
  15. The maximum weight carriage limit for International shipping as per courier partners :
    FEDEX DHL ARAMEX
    FedEx Pak – 0.5 kg to 2.5 kg GM Packet Standard – 0.05 kg to 2 Kg Aramex Non Packaging – 0.5 kg to 100 kg
    GM Packet Plust Standard – 0.05 kg to 2 Kg
    FedEx Non Packaging – 0.5 kg to 68 kg [Package can be upto 274 cm in length or a maximum of 330 cm in length & girth combined (girth = 2*height + 2*width)] DHL Parcel International Direct – 0.05 kg to 5 Kg (Only Available in US, UK & Australia and weight carriage limit is extended to 6.5 kg in UK & 20 kg in Australia)
  16. User agrees to indemnify and hold harmless MIB, its shipping partners, shiprocket & shipkaro, its affiliates, officers, designated partners, employees, consultants, licensors, agents, and representatives from any and all third party vendors, from claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/ its access to or use of Service, violation of the terms, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity. Our shippimg partner Shiprocket will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Return & Exchanges

Before you return a My Indian Brand product, please take a moment to understand how our products are made. All our products are handcrafted in India, resulting in each product being unique and slightly different from each other.

Let’s not think of an irregular weave or print or a stitch as a defect. Handloom by definition means a glorious uncertainty when it comes to uniformity.

In spite of these variables, at My Indian Brand we stand behind the quality of our products and we will replace the product free of cost if you are not satisfied with your purchase for any reason. Please read below our return & exchange policies before you return any item.

Please note that Exchange or Refund will not be made against the following items, unless there is a quality issue:

  • Accessories
  • Saris
  • Stoles & Dupattas
  • Jewellery
  • Giftware
  • Organic Foods
  • Personal Care Products
  • Furniture
  • Shawls
  • Lehanga
  • Shervani

Reverse Pick Up Policy

We offer our customers a simple, hassle-free, Reverse Pick-up policy. Our customers are valued not only at the time of sale but also through the subsequent stages of Returns & Refunds. Our policy is thoughtfully designed to ease up the process, save time and make you feel reassured about your order.

  • You can call us on +91 9990714874 or e-mail us at contact@myindianbrand.com within 5 days from the date of delivery.
  • Please mention your order number in the subject line to help us quickly process your returns/exchanges.
  • Please ensure that the returned merchandize is unused, unworn, unwashed, undamaged and is in a saleable condition.
  • We request you to maintain the original packaging of the items to be returned, including the My Indian Brand tags.
  • Please ensure that all the returned items are packed securely and safely to prevent any loss or damage during transit.
  • The items for reverse pick up will be picked up within 4 business days from the date of request.
  • After the receipt of item(s), your request for returns/exchanges would be processed.
  • In the case of returns, banks normally take 7-10 business days to process a refund once it has been initiated from our end.
  • In the case of exchanges, your new order will be dispatched to you within 3-5 business days after we receive the earlier shipment.

Note: – Some of the pin codes are not feasible for Reverse pick up, in such cases the customer will need to send it back to us. Please note we do not offer reverse pick facility outside India.

For more details please call us on our customer care number (+91 9990714874) or e-mail us ( contact@myindianbrand.com ).

Return Policy

My Indian Brand reserves the right to reject returns from any particular customer, in case of frequent returns by such customer, which shall mean returns on more than 3 occasions in a financial year

Our shipments are carefully inspected before leaving our warehouse, but if you are not satisfied with your purchase, please follow the instructions below:

  • You can return/exchange in 8 days after date of delivery, But under the condition that My Indian Brand customer service is intimated within 5 days of delivery of the goods to your address
  • You need to provide us the proof of defect (photographs or video clips) within 10 days of date of delivery, on our mail contact@myindianbrand.com
  • My Indian Brand will exchange the returned items free of cost or issue a refund for the cost of the goods to the credit/debit card used for online shopping.
  • Shipping charges will not be refunded and customers are required to pay for the shipping costs to return the goods to the applicable return address indicated here, if the pin code is out of pick up location

please ship to the following address:

Mibrand Overseas LLP
B-114, 1st Floor, Left Portion,
Mall Road, Green Fields,
Faridabad-03, Haryana (India)

Claiming Refunds

For Credit Card/Debit Card/Net banking or Paypal Transactions:

As the charge on your credit card / account would have already been done online at the time you made the purchase and authorized the payment, we will provide a refund into the original mode of payment.

If applicable, refunds would be made for the cost of the goods to the credit /debit card used for online shopping. However, shipping charges would not be refunded except where My Indian Brand has erroneously sent you a wrong item / colour / size.

For COD (Cash on Delivery) Transactions:

  • Refunds can only happen via Gift Vouchers or through Paytm.
  • Cash Refunds are not allowed for COD orders since we cannot get deliver cash through couriers.
  • Customer can also place a request for a reverse pick up in case reverse pick up service is available through our couriers.

Refunds will only be done in the following cases:

  • Genuine sizing issues, only for unused garments with tags. Genuine quality issues.
  • Packages lost in transit.
  • In case My Indian Brand discovers any mispricing in its online catalogue and the price charged to you is higher than the actual price.
  • In case My Indian Brand discovers that a wrong item has been shipped to you.
  • In case the customer is not happy with the quality of the product and has returned the item/items to the address mentioned above.

No refunds will be given in the following cases:

  • In case of minor design and colour variations. With handmade products there will always be some variation between products.
  • Incorrect or outdated delivery address.
  • Incorrect address format including any form of a PO Box address.
  • After 3 failed delivery attempts by the courier.
  • Package refused by recipient.
  • Products returned in a used or damaged condition.

Note: Refunds will only be made after we have received the returned shipment except if the package has been lost in transit.