Terms & Conditions
THE TERMS OF SERVICE ("TERMS") SET OUT BELOW GOVERN YOUR USE OF MITHAAIONLINE.COM AND SERVICES; YOU SHOULD READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Incidental Charges : In addition to normal courier charges, the expenses incurred on logistics, packging, repackaging and/or re-shipping together shall be summed up as Incidental charges.
Weight: Weights mentioned along with the items are the net weights (exclusive of Packaging and shipping material)
Once an order is placed with the Mithaaionline.com, the portal acts only as a service provider and not as an manufacturer. The Mithaaionline.com shall be handling the material only as a service provider and its liability shall be restricted to that of a bailee under the contract Act. All the third party products are delivered accoding to their terms and conditions. Nothing contained herein shall create or be deemed to create or construe a relationship between the parties such that Mithaaionline.com is regarded as a seller or purchaser of the Vendor / Merchant's products and all sales and purchases of the Vendor / Merchant's products pursuant to an order placed on the Mithaaionline.com are transactions between the customer placing an order for the same on the Mithaaionline.com and the Vendor / Merchant. Mithaaionline.com is an online store to sell the Sweets, Chocolates, Gifts etc (Perishable Goods) subject to availability and a facilitator of the sales contemplated herein.
APPLICABILITY OF THE TERMS AND CONDITIONS AND
FORMATION OF AN AGREEMENT
The TERMS & CONDITIONS constitute a binding agreement between Customers and Mithaaionline.com.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT IN THEIR ENTIRETY, THEN YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE.
These Terms and Conditions ("Agreement") governs the use of the services ("Service") that are made available by Mithaaionline.com ("Mithaaionline.com ", "We" or "Us"). These Terms and Conditions represent the whole agreement and understanding between Mithaaionline.com and the individual or entity who subscribes to Our service ("Customer" or "You").
PLEASE READ THIS AGREEMENT CAREFULLY.
By your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Mithaaionline.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Mithaaionline.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.
Mithaaionline.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Customers upon posting of the modified Agreement to this web address (URL): http://Mithaaionline.com/terms-and-conditions/ and are deemed accepted by Customers each time that Customer use or access Mithaaionline.com or Mithaaionline.com Services. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
3. These Terms apply to the content, materials, information, documents, graphics and images made available on or from Mithaaionline.com ("Content").Such terms will be accessible on Mithaaionline.com and may be updated from time to time. At all times, your access to the services offered is subject to the Regulations and you have recourse to these terms and conditions and the remedies herein in the event of a dispute or other issue with respect to services offered.
Services Offered to Customers by
4.1 Services Offered In Service Providers’s Discretion. Access to Mithaaionline.com is permitted on a temporary basis, and We reserve the right to withdraw or amend the Services we provide without notice. Mithaaionline.com is updated regularly, and may change at any time. You acknowledge and agree that the specific form and/or nature of Mithaaionline.com or Services may change from time to time without prior notice and we may cease providing the Services (or any specific features within the Services) to You or to Customers generally at our sole discretion, without prior notice to you. If the need arises, we may suspend access to Mithaaionline.com, or close it indefinitely. Any of the material on Mithaaionline.com may be out of date at any given time, and we are under no obligation to update such material. We will not be liable if for any reason Mithaaionline.com is unavailable at any time or for any period but this shall not, of itself, preclude us from returning to you any money that is properly due to you.
4.2. Services for Personal Use Only. You shall not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
REFUNDS, CANCELLATION AND DELIVERY
5.1. Refunds: In case of delay in delivery beyond 10 working days (excluding Saturday and Sunday)from the date of transaction, loss of product while shipping and receipt of unsealed orders, Mithaaionline.com ,on receiving an e-mail sending the feedback and reason for refund from the Customer within 4 hours of the receipt of orders placed ,Our business executive will contact the Customer and upon evaluation and after due consultation with the concerned manufacturer , Mithaaionline.com will refund the transacted amount by NEFT transfer within 14 days after excluding 20% of the transacted amount and after deducting incidental charges as defined. In alternate, Mithaaionline.com may offer an alternate product after due evaluation as described above.
In the majority of cases, there is NO other situation under which Mithaaionline.com will provide a refund, except for the condition expressly mentioned above under Refund Policy. In exceptional circumstances, the Mithaaionline.com team will work with Customer to reach a mutually acceptable solution. Mithaaionline.com intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with customers. The maximum refund amount is subject to the amount paid by the Customer for Mithaaionline.com’s service in contention.
Cancellation Mithaaionline.com doesn’t permit cancellation of orders which are confirmed by way of payment transaction executed once. Delivery of orders once attempted shall construe successful execution of the orders placed and no subsequent attempt will be made by Mithaaionline.com for any further delivery. If unfortunately you have to cancel an order, please do so within 24 hours of placing the order
5.3 DELIVERY In case of wrong/incomplete or locked address , the orders placed shall be considered as delivered.
Mithaaionline.com, after failure of one attempt of delivery, will accept the request of re-delivery only after an e-mail requesting the reattempt of delivery subject to undertaking of payment of incidental charges.
Mithaaionline.com will deliver exactly the same orders displayed on its web pages and from the same sources indicated. However, in certain unavoidable circumstances arising due to non availability of products from indicated sources, it reserves the right to change the source and deliver approximately similar kind of product. If similar kind of product is not available, Mithaaionline.com will inform the sender to change the order or wait until it becomes available.
Mithaaionline.com reserves the right to change the perishable gift item to less perishable one if the former is expected to spoil before the day it reaches the recipient, without prior permission from the sender.
Mithaaionline.com will not charge more than the prices mentioned on its web pages but in certain unavoidable circumstances it reserves the right to change the prices anytime, without any prior notice and charge the sender accordingly.
Mithaaionline.com reserves the right to dispatch the gift items separately, not as a single package, if certain items in the package are not acceptable by certain couriers. E.g., Canned sweets from a sweet store can be dispatched by local courier or by-hand delivery, even though they may supposedly be delivered in the same package.
Mithaaionline.com does not, in any way, claim ownership or right over the Trademarks, Brands and Company Names used at this site, which are owned by their respective owners/companies. References to these products and company trademarks are used solely for the purpose of identifying the products supplied at this site.
While Mithaaionline.com takes great effort to ensure prompt possible delivery of fresh products, Mithaivala's responsibility for the degradation in the condition of perishable items due to late delivery , shall be limited to replacement of the item, with fresh delivery of the same item. To avail such a re-delivery, the recipient will have to contact by e-mail on service@Mithaaionline.com within two hours along with the originally delivered item, he/she receives the orders.
While Mithaaionline.com ensures to deliver best quality products from well known sources, it is not responsible if the quality of the product does not match the expectation of the recipient.
6.1 Customer shall be liable for total cost of the order placed in case of non-acceptance/denial of order so placed by the customer for whatsoever reason except for unsealed orders.
Mithaaionline.com reserves its right to deny its services to any Customer without assigning any reason and in such cases, only the transacted amount shall be refunded to the Customer.
Apart from other vendors, Laalwala`s (a unit of Hariram`s) have a dedicated channel/tie up with a state-of-the-art micro-laboratory for random checks of randomly picked samples from our factory. Lab tested Raw Materials are being used & Proper checks of Finished Goods are carried out periodically, to enable us to retain best standards in the industry.
Laalwala`s have retained best food technologists & micro biologists in the industry for novice methods of preparation while retaining taste and tradition, and further to check and prevent any microbial growth.
Laalwala`s are HACCP and ISO 9001:2008 Certified Restaurant, suppliers of sweets and chain of foods thereby concretizing and maintaining the best international standards in the industry and encompassing personal & environment hygiene, good manufacturing practices.
The Customer shall defend, indemnify, save and hold Mithaaionline.com , its affiliates harmless from all demands, liabilities, claims and expenses, including attorney's fees, fees of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation, delay in delivery of orders , any medical exigencies arising out of the consumption of the orders, or from the violation of any of policies relating to the Service(s) provided.
Notwithstanding the above, the Consumer's exclusive remedies for all damages, losses and causes of actions whether in contract, including negligence or otherwise, shall not exceed the aggregate INR amount which the Customer paid directly to Mithaaionline.com for the service in question. Such limitations shall apply to Mithaaionline.com total liability, including without limitation any liability for damages caused or allegedly caused by any delay in delivery, defect.
In no event shall Mithaaionline.com nor any of its affiliates be liable for any direct damages in excess of the purchase price for the product. In addition, to the maximum extent permitted by law, in no event shall Mithaaionline.com nor any of its affiliates be liable for any special, punitive, indirect, incidental or consequential damages, including but not limited to personal injury, wrongful death, loss of use, whether in any action in warranty, contract, tort (including, but not limited to negligence or fundamental breach), or otherwise arising out of or in any way connected with the use of, or the inability to use, this website or any service offered through this website or any material or information contained in, accessed through, or products purchased on this website, even if an authorized representative of Mithaaionline.com is advised of the likelihood or possibility of the same. To the extent certain jurisdictions restrict any of the above limitations of liability; such limitations shall not apply in such jurisdictions to the extent of such restrictions.
Customer acknowledges that the use of Mithaaionline.com services is solely at your own risk, and that you assume full responsibility for all risks associated therewith. Mithaaionline.com and its Affiliates hereby disclaim all representations and warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, appropriateness, title, non-infringement.
Without limiting the foregoing, Mithaaionline.com and its affiliates make no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Mithaaionline.com products and services provided hereunder. Mithaaionline.com makes no representations or warranties about the satisfaction of government regulations.
Use of any service of Mithaaionline.com ,in any manner, doesn’t lead to establishment of consumer-seller relationship and thus the consequences flowing from such relationship are as well debarred.
It is hereby clarified that in no circumstances or manner, to the maximum extent, the service provider shall not be responsible or liable for any loss or damage of any kind incurred as the result of transactions.
Neither Mithaaionline.com nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect or misleading information provided by any manufacturer within the Site or outside the site.
11.1. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO MITHAAIONLINE.COM AND YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." IN PARTICULAR, WE AND OUR SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR USE OF MITHAAIONLINE.COM OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) YOUR USE OF MITHAAIONLINE.COM OR THE SERVICES WILL BE PROMPT. WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INFORMATION ABOUT YOU AND YOUR VISITS TO
12.2. You hereby release and hold harmless us and Our Associates, service providers, licensors, licensees, affiliates, successors and assigns from any and all claims, causes of action, remedies and / or damages arising from the use of your rights in accordance with the previous clause.
HACKING AND OTHER OFFENCES
13.1. You must not misuse Mithaaionline.com by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Mithaaionline.com, the server(s) on which Mithaaionline.com is stored or any server, computer or database connected to Mithaaionline.com. You must not attack Mithaaionline.com via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Mithaaionline.com will cease immediately and you shall immediately forfeit all amounts in your Account as liquidated damages incurred as a consequence of such attack.
13.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Mithaaionline.com or to your downloading of any material posted on it, or on any website linked to it.
TO AND FROM Mithaaionline.com
14.1. You may link to our home page with our permission, which you can request from service@Mithaaionline.com, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. This permission may be revoked by us at any time.
14.2. You must not establish a link from any website that is not owned by You.
14.3. Mithaaionline.com must not be framed on any other website, nor may you create a link to any part of Mithaaionline.com other than the home page. We reserve the right to withdraw linking permission without notice. Mithaaionline.com from which you are linking must comply in all respects with the standards we establish from time to time.
14.4. If you wish to make any use of material on Mithaaionline.com other than that set out above, please address your request to service@Mithaaionline.com.