This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of www.muhalmart.com and all the web-pages, hyper-links, tools and services provided thereunder (hereinafter referred to as “the Website” which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website (“User Agreement“). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Muhal Mart, Pune, Maharashtra 412207, India, hereinafter referred to as “the Platform” which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
For the purpose of the User Agreement, “Registered User”, “Visitor”, and wherever the context may so require, “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User is one who has allocated himself a unique identification username (“User ID” and “Password“) to become Registered User. The term and expression “You” shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns.
As a Registered User, this User Agreement shall be effective and binding upon your ‘acceptance’. “Acceptance” shall mean your affirmative action in clicking on the ‘check box’ and/or on the ‘continue’ button and/or or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘check box’ or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
The following disclaimers are the key to determining any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website:
You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.
Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your ‘designated electronic address’ and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable laws for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable laws for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase, or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform’s notice or if it is discovered that you are under the age of 18 years or are otherwise “incompetent to contract”. If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
As a registered member of Muhal Mart, your address, email-id, and other delivery details become automatically saved in the “My Account” section of the Website, accessible only to you. You can track all your orders by logging in to the “My Account” section with the User ID and Password set by you. You can save items you are interested in, using the “My Wishlist” feature, for easy purchases. Further, if you choose to opt for our e-mail updates, all information regarding new additions to the Website by various sellers, as well as promotional schemes, will be e-mailed to you at regular intervals.
If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
Membership and browsing on the Website is free. As per the Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2017 an “E-commerce marketplace may provide support services to sellers in respect of warehousing, logistics, order fulfilment, call centre, payment collection and other services.” Accordingly, the Platform through various third-party service providers engages in order fulfilment services for orders placed on the Website and may charge a nominal fee for the same. All additional fees that may be charged shall be visible for confirmation on the order checkout page.
You are responsible for paying all fees (if any) associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
You understand and agree that Platform and the Website merely provide services to its Registered Users and persons browsing / visiting the Website. All items advertised / listed, and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third-party user generated content and material. The Platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Platform has no control over the third-party user generated contents.
You agree, undertake, and confirm that your use of the Website shall be strictly governed by the following binding principles:
Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and International laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an “Antiquity” or “Art treasure” as defined in the Act (“Artwork”), you shall indicate that such Artwork is “non-exportable” and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India.
The product shown in the image is a reference product and the new manufactured product can look different from the one shown in the image due to various factors like lighting, etc.
Muhal Mart products are available in a fixed set of Finishes. So please discuss the finish you need with our customer support team once in order to receive the best quality product.
There may be a slight variation in finish between the actual product and the 3-D designs which are being displayed on our website.
Muhal Mart tries its best to deliver Products and Services exactly the way they are described on the Website.. Muhal Mart hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by the User over and above generally acceptable standards on the same. The quality of the Products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.
The Pricing Information relating to the Product shall be as displayed on the Website and as disclosed to You at the time of Your purchase/order. We do not guarantee that the price will be the lowest for similar products within any given locality, city, region, or geography. Prices and availability are subject to change without notice or any consequential liability to You. While Muhal Mart strives to provide accurate information relating to Products and Services including pricing information or availability, but typographical and other errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error, Muhal Mart will have the right to modify the price of the Product or Services and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Muhal Mart cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
Muhal Mart reserves the right to change the discounts offered at any time during the sale and without prior notice.
We make sure that all the information posted on the website is correct, however the Company never warrants the accuracy, quality and completeness of data, product, and services.
The Company shall not be liable for any direct, indirect, incidental, or consequential damages caused by:
o The use or inability of use of services.
o Unauthorized access to the user’s data; and
o Any matter is related to the services.
The Company shall not be liable for delay or inability to use of the website or services, or any information, software and graphics acquired through the website. Further, we are not responsible for non- availability of the website during periodic maintenance or accidental suspension caused due to technical reasons.
You acknowledge that data obtained from the website is done entirely through your wisdom. Thus, you agree that you will be responsible for any damage and loss caused to your computer with such data.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Muhalmart.com or its content suppliers. The compilation of all content on this site is the exclusive property of Muhalmart.com. All software used on this site is the property of Muhalmart.com or its software suppliers.
Muhal Mart has filed its application for registration under the Trade and Merchandise Act and Rules at Delhi under different classes and awaiting registration. Any violation of our trademarks will be liable for legal action.
The Website is only a venue where users may meet and interact with one another for their transactions. Platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Platform does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Without prejudice to the foregoing, the Platform may provide certain transaction support services to seller and buyers of the website as provided in various rules and policies on the Website.
Platform is not responsible for any non-performance or breach of any contract entered between users. Platform cannot and does not guarantee, warrant, assure or ensure that the users will perform, undertake, consume or conclude any transaction concluded on the Website. Platform shall not and is not required to mediate or resolve any dispute or disagreement between users.
Platform does not make any representation or warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, Platform does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. Platform accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Platform does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Website and use your best judgment in that behalf.
Platform is only providing a platform or venue for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with Platform nor shall Platform have any obligations or liabilities in respect of such contract, except for certain transaction support services as provided in various rules and policies on the Website.
Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.
Platform cannot control the information provided by other users which is made available on the Website. You may find another user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
The function of the Platform is limited to providing access to a communication system over which information made available by You is transmitted or temporarily stored or hosted. The Platform observes due diligence while discharging its duty as an intermediary under the Information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf. The Platform does not:
Therefore, pursuant to the provisions of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017, the responsibility of the correctness of the declarations displayed on the Platform in relation to the products shall lie with You.
Platform may from time to time contract with third party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
Visitors may post reviews, comments, and other content; send e-Gift Certificates and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Muhalmart.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Muhalmart.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Muhalmart.com and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Muhalmart.com or its affiliates for all claims resulting from content you supply. Muhalmart.com has the right but not the obligation to monitor and edit or remove any activity or content. Muhalmart.com takes no responsibility and assumes no liability for any content posted by you or any third party.
In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence or under torts or under public policy).
In addition to any limitation of liability and various disclaimers provided elsewhere in this User Agreement, Platform’s entire liability and Your sole and exclusive remedy in any circumstance is limited to the following:
If You are a seller on the Platform: an amount of Platform Fees, if any, paid by You as seller on the Website to Platform for the transaction under dispute.
If You are a buyer: the Platform’s entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to You get the refund of the product price from the seller on the Website.
Other than the aforesaid, Platform shall have no liability to You.
You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform’s shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.
In Platform’s sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
In the event you have any complaints or concerns with respect to the website or our services, please contact our Customer Support at 9999967668.
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India.
If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Pune. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
Any offer (“E-Coupon”) contained in any electronic communication, or any communication that may be displayed on the Website, is made by sellers registered on the Platform, and not by the Platform itself. The offers provided to the customer by the sellers can be availed by way of utilization of E-Coupons.
Offer under the E-Coupon maybe in the form of instant discounts and/or cashbacks in form of Muhal Mart Credits (“Muhal Mart Credits”) and/or any other form or manner as maybe agreed between the platform and the merchant
Registered Users using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions. The value of E-Coupons and the mode of using E-Coupons will be specifically as mentioned in the electronic communication sent to You or displayed on the Website.
One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupon shall be forfeited, and the User cannot claim any benefit or a substitute an E-Coupon in lieu of the same. The purchase value of the item in excess of the value of the E-Coupon shall be paid by the User along with using the E-Coupon.
An E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or promotion except Muhal Mart Credits.
The Platform may offer various discounts / incentives to the customers on select products for a select period, together with any discount that maybe offered by the Merchants listed on the Platform. The gross discount offered by the Platform to the customer, may be reduced on account of various business and operational costs, which entails costs such as administration costs, platform costs, tax costs, etc. Since this discount is offered by the platform on select products and for a specific time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts discount net of such costs.
It is our endeavour to provide the best service to our customers and complete transparency in our dealings. Therefore, the Platform has displayed the Gross Discount available, and has subsequently reduced the above-referred Costs to arrive at the Net Discount availed by the customers.
This reduction to the gross discount is calculated, keeping in mind the best offer price made available for the selected products to the customers.
Muhal Mart reserves the right, at its sole discretion, at any time to levy/charge fees on the processing of the E-Coupons and/or provision of the Muhal Mart Credits and/or utilization of the Muhal Mart Credits, without prior intimation or communication.
Muhal Mart reserve the right, at its sole discretion, at any time to vary/change/extend/withdraw any E – Coupons and/or Muhal Mart Promotions and/or offers provided thereunder, without prior intimation or communication.
Get a part of your cart value as a cashback to you as Muhal Mart Credits!
The Muhal Mart credits can only be used in subsequent purchases on www.Muhalmart.com across the website
Muhal Mart Credits can also be used in conjunction with other coupons.
Muhal Mart Credits Terms and Conditions:
The Platform is not responsible for any typographical error leading to an invalid coupon. Platform does not guarantee that any one or more listings on the Website or the desired listings of the Users would have E-Coupon as the payment option. Platform is neither recommending you to purchase the specific item which you intend to purchase or actually purchase using E-Coupons, nor is the Platform is warranting or endorsing any product or services listed on the Website, nor warranting or verifying or guaranteeing the performance or conduct of any seller or of any third party. Platform shall not be liable for any lost or stolen E-Coupons and E-Coupons once issued shall not be reissued. Platform makes no representation or warranties of any kind regarding any product or service provided by any third party in connection with any E-Coupon and shall not be responsible for any costs, damages, accident, delay, injury, loss, expense or inconvenience that may arise in connection with the use of E-Coupons.
Under no circumstances shall Platform’s liability exceed giving the User a replacement E-Coupon of the same nature and of the same value. These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in Mumbai (India) only.
For all the details/ terms and conditions relating to the Muhal Mart Gift card please refer to our customer care.
Any dispute relating in any way to your visit to Muhalmart.com or to products you purchase through Muhalmart.com shall be submitted to confidential arbitration in Pune, India, except that, to the extent you have in any manner violated or threatened to violate Muhalmart.com’s intellectual property rights, Muhalmart.com may seek injunctive or other appropriate relief in any court in India. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Further, as per Rule 3(4) of the IT Rules, the Grievance Officer shall acknowledge or respond to Your communication of violation of Rule 3, by any other person, within 36 (thirty six) hours, and the complaints shall be redressed within 1 (one) month from the date of receipt of the complaint.
Important: Grievance cell must be approached post contacting the “Customer Support” of Muhal Mart where desired resolution was not served.
Any direct communication to Grievance cell will be redirected to “Customer support” for further assistance
All Grievances related to the purchase or services shall be addressed to Mr. Ram Kumar (Grievance officer)
*The officer will get back to the customer within 3 business days of reporting an issue
*Every grievance will be provided with a complaint/ticket no. which can used to track the status of the grievance
*Redress or closure to a grievance might take around one month from the date of receipt of complaint