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Terms and conditions
Section 1. Acceptance of Terms and Conditions
The domain name www.mabiaboutique.com is owned by Mabyo Business House, a company registered as per the laws of India and having its Registered office at 14A, SKR Nagar, 10th Street, Koundampalayam, Coimbatore – 641030.
Use of this web site and subsequent order of any Goods or Services with Mabia Boutique is conditional upon user's acceptance of the terms and conditions contained herein. All users of this web site hereby understand and agree that their use of this web site constitutes acceptance of the terms and conditions set forth in this document. Mabia Boutique reserves the right to change the terms and conditions at any time without prior notice.
Disclaimer, Privacy, order change / cancellation, return / refund policy, shipping & delivery, alterations, price & payment methods document provided in the www.mabiaboutique.com are part of this Terms and Conditions.
If you do not agree to these terms, you may not use this web site or order any Goods or Services from Mabia Boutique through this website.
Section 2. Trademarks
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of the website and respective owners. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. Such marks remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this web site, any right, title, or interest in the marks. User agrees that it will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
Section 3. Copyright Information
© Copyright – Mabia Store. The graphics, media and content on this site are the copyright work of Mabia Boutique and contain proprietary trademarks and trade names of the Company. No right or license is granted under any copyright, patent or trademark of Mabia Boutique to any other party.
Section 4. Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of sections/pages of the Mabia Boutique Website for your own personal use, and that you shall not duplicate, download, publish, modify, hack, tamper with, damage the contents in any manner or otherwise distribute the information, data, software, photographs, videos, typefaces, graphics, music, sounds, and other material on the Mabia Boutique Website (collectively "Content") for any purpose other than to review product and promotional information, or to purchase product for your personal use, unless otherwise specifically authorized by Mabia Boutique to do so. Except as expressly authorized by the Mabia Boutique Website, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derived works from such Content. Notwithstanding the above, if no specific restrictions are displayed, you may make copies of selected portions of the Content, provided that the copies are made only for your personal, non-commercial use and provided you keep intact all copyright and other proprietary notices relating to the same. You agree that you shall not upload, post, reproduce, or distribute for commercial purposes any materials or design, text or graphics or Content on the Mabia Boutique Website and further you agree that you shall not reproduce or transmit the same, in any form or by any means, electronic or mechanical or otherwise, including by photocopying, facsimile transmission, recording, re-keying or using any information storage and retrieval system without the express written permission of Mabia Boutique. Permission may be granted only at the sole discretion of Mabia Boutique.
You agree that you are only authorized to order Goods or Services on Mabia Boutiquewebsite only if (a) you are legally capable of entering into binding contracts; and (b) you are at least 18 years old
Section 5. Registration
In consideration of your use of online information resources, products, web directory(ies), index(es), general materials and data, including, but not limited to, search services, suggestions and other content (including third party information, products, materials and content) (collectively, all the services provided to you the User, from time to time whether online or offline referred to as the "Services"), you represent that you are a holder of credit card/debit card or such facilities provided by banks and undertake and agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Mabyo fashions Website's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mabia Boutique has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mabia Boutique has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof)."
You will receive a password and account information upon registering with us, and you agree that with respect to your account and password you: are responsible for maintaining the confidentiality of your password and account are fully responsible for all activities that occur under your password or account. You will immediately notify the Mabia Boutique Website of any unauthorized use of your password or account or any other breach of security; and shall be fully liable for all use of your account, including any unauthorized use of your account by any third party including the content of your transmissions through the Mabia Boutique Website. Agree that you are entirely responsible for any and all activities that occur under your account and will ensure that you diligently exit from your account at the end of each session. Mabia Boutique will not be liable for any loss or damage arising from any misuse of your password by any person due to any reason whatsoever. Please understand and acknowledge that Mabia Boutique cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Access and use of password protected and/or secure areas of the Mabia Boutique Website are restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Mabia Boutique Website shall be liable to criminal action and/or such other action as per applicable laws.
Section 6. Contract
Your order constitutes an offer to us to buy Goods or services (“Order”). All Orders are subject to acceptance by us, which we are free to accept or decline at our absolute discretion. We will confirm our acceptance of your Order by sending you an e-mail confirming our acceptance (“Order Confirmation”). The contract between us will only be formed when we send you our Order Confirmation.
We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, technology, payment methods, relevant laws and regulatory requirements and/or in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
Section 7. Goods
Any photographs, models, samples, drawings, sizes and/or product description or advertising we issue, and any illustrations contained in our catalogues, brochures, emails or on our website are produced solely to provide you with an approximate idea of the Goods they describe and/or are representative of the finished product. All Goods are manufactured within the standard industry measurement tolerances. Your Order is unique to you and will be supplied in accordance with the instructions and specification as detailed in our Order Confirmation. Every effort will be made to match all colours and finishes in our stores. Notwithstanding this all Goods are purchased and supplied, on the understanding that there may be slight dye, shade and grain variations, and may not be uniform in colour or texture and will show natural marks and tints. Colours may also change with age and exposure to sun and other climatic conditions. Where stated some images have been digitally created to illustrate the colour options available from the range. These colours will be affected by your monitor and by your printer and therefore may not be 100% accurate to the finished product.
Occasionally we may supply Goods with minor differences in specification due to circumstances beyond our reasonable control. Should this be the case any differences will result in the Goods being of an equal or improved standard, and it will not affect your rights under the law, and the quality coding and guarantee will continue to apply.
Section. 8 Title & Risk
The Goods will be your responsibility from the time of delivery.
Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
Section 9. Prohibited Use
Any use of this web site for an illegal or objectionable purpose is strictly prohibited. User agrees not to use this web site to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libellous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this site, user agrees that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. Mabia Boutique reserves the right to monitor transmissions and investigate any alleged prohibited use of this web site and to disclose any and all information relating to such prohibited use. Mabia Boutique, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this web site. Any violation of this or any other section contained herein may result in termination of service and or any other action Mabia Boutique determines appropriate under the circumstances.
Section 10. Third-Party Relationships
This web site may contain links to other sites. These links are provided merely to assist the user. These sites are independent of Mabia Boutique 's site, and Mabia Boutique does not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect those beliefs held by Mabia Boutique. The inclusion of a link does not mean that Mabia Boutique accepts or endorses any of the content contained in such site. The user is responsible to protect himself/herself while associating with the linked site. Mabia Boutique, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites.
Section 11. Modifications
This web site may contain typographical errors or technical inaccuracies. Mabia Boutique reserves the right to modify the content of this web site at any time without prior notice. Mabia Boutique 's failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision.
Section 12. Severability
If one or more of the provisions contained in these terms and conditions are held to be unenforceable, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforceable.
Section 13. Warranties & Limitation of Liability
Mabia Boutique disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Except in connection with death or personal injury resulting from Mabia Boutique 's direct negligence, in no event shall Mabia be liable for any special, indirect, incidental, punitive, consequential, or exemplary damages relating to or arising from this web site whether or not either party had or should have had any knowledge, actual or constructive, that such damages might be incurred.
Section 14. Disclaimer
Mabia Boutique shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the website owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
Section 15. Force Majeure
Notwithstanding any other provision set forth in these terms and conditions, Mabia Boutique shall not be liable for any failure or delay in its performance due to any cause beyond Mabia Boutique 's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Mabia Boutique shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
Section 16 Indemnification
User hereby agrees to indemnify, defend, and hold harmless, Mabia Boutique, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of user's use of this web site in violation of these terms and conditions. Mabia Boutique has the right to control any defence pertaining to this section.
Section 17. Data Protection
Mabia Boutique is a registered data controller for the purposes of the Data Protection Act 1998 (the “Act”) and we will comply with the statutory requirements imposed on us to keep your personal data confidential and secure. We are fully compliant with the Act.
Telephone conversations with us may be recorded for the purposes of monitoring customer service standards and for security.
Your information (or the information of the nominated adult) will be used to process your Order, deliver your Goods and/or to handle any claims made under the guarantee. In order to do so we will need to disclose your personal data to selected third parties including a finance company when applicable.
If you so choose, your personal data can also be used to enable us, or certain carefully selected third parties to notify you of any special offers or services we feel may be of relevance and interest to you. To do this we may share your personal data with carefully selected third parties.
Section 18. Relationship
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.
Section 19. Transfer of Right & Obligations
You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.
Section 20. Communication & Notices
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site or telephone sales system, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your legal rights.
All notices given by you to us must be given to Mabia Boutique at email@example.com We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter (if sent within India). In proving the service of any notice, it will be sufficient to prove, in the case of a letter posted in the India, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such email was sent to the specified e-mail address of the addressee.
Section 21. Governing Law
These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the Republic of India, without regard to any choice of law principles.
Section 22. Jurisdiction
User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of Tamilnadu, India for any and all claims arising from the use of this web site.
Section 23. Entire Agreement
These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.
Section 24. Order of Precedence
If there is a conflict or contradiction between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.