Mervin International

Terms and Conditions

TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 & rules thereunder 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. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.mervininternational.com 

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms"). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

Introduction

Welcome to the mervininternational.com, service provided by Mervin International. This website is owned and operated by Mervin International.

Registered office: 84, Udyan, Mahanagar Part -2, Bareilly 243001 U.P. INDIA

In using the mervininternational.com service, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to mervininternational.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit mervininternational.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ACCOUNT AND REGISTRATION OBLIGATIONS

Your Information is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature or a written letter or form mailed or submitted to any of our offices. We will protect your Information in accordance with our Privacy Policy .

You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify mervininternational.com of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. mervininternational.com cannot and will not be liable for any loss or damage arising from your failure to comply with this.

mervininternational.com does not want to receive confidential, proprietary or trade secret information through this Website/app (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to mervininternational.com will be deemed non-confidential. By submitting any such information, you are granting mervininternational.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so

You also agree and confirm:

  • To provide true, accurate, current and complete information about yourself as prompted by Mervin International at the time of registration.
  • To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if mervininternational.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, mervininternational.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Website/app.
  • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by mervininternational.com for redelivery shall be claimed from you and you shall pay such cost.
  • That you will use the services provided by mervininternational.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website/app and transacting on the Website/app.
  • You will provide authentic and true information in all instances where such information is requested of you. mervininternational.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), mervininternational.com has the right in its sole discretion to reject the registration and debar you from using the Services of mervininternational.com and or other affiliated website/app without prior intimation whatsoever.
  • That you are accessing the services available on this Website/app and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website/app.
  • That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
  • That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item's description.

USAGE RESTRICTIONS

You shall not use the Website/app for any of the following purposes:

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorised access to other computer systems.
  • Interfering with any other person's use or enjoyment of the Website/app.
  • Breaching any applicable laws;
  • Interfering or disrupting networks or website/app connected to the Website/app.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

SITE ACCESS

mervininternational.com grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of mervininternational.com. You may not use any proprietary information (including images, text, page layout, or form) of mervininternational.com and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing mervininternational.com's name or trademarks without the express written consent of mervininternational.com. Any unauthorized use terminates the permission granted by mervininternational.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of mervininternational.com so long as the link does not portray mervininternational.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any mervininternational.com logo or other proprietary graphic or trademark as part of the link without express written permission.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content; 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. mervininternational.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 mervininternational.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 mervininternational.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 mervininternational.com or its affiliates for all claims resulting from content you supply. mervininternational.com has the right but not the obligation to monitor and edit or remove any activity or content. mervininternational.com takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All items purchased from mervininternational.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

mervininternational.com and its affiliates attempt to be as accurate as possible. However, mervininternational.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by mervininternational.com itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Prices for products are described on our Website and are incorporated into these Terms by reference.

Except where noted otherwise, the List Price displayed for products on our website, whether in Foreign Currency or Indian Rupees represents the full price of the product and international shipping charges, unless specified otherwise in the Shipping Fees.

Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation

All Prices, products and services may change at mervininternational.com ‘s discretion.

SHIPPING

All of mervininternational.com orders are shipped door-to-door from our warehouse in Bareilly, U.P. INDIA to your provided shipping address via Fedex. Processing the order normally takes 3 - 5 working days and then Shipping normally takes 4-6 working days.

Shipping destinations offered by mervininternational.com for delivery will be extended and updated from time to time and listed online.

We aim to keep every item on our website in stock. If there is an item which you purchase and then we realize this item is not available, we will promptly inform you within 2 working days of your purchase and fully refund your money for the out of stock item.

We can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form.

You can track the package through the Order Tracking facility. If the package status is shown as undeliverable please call Fedex Customer Service at their local number and quote your tracking number to trace your package.

An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to :

  • Bad weather
  • Flight delays
  • Political disruptions
  • Other unforeseen circumstances

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates.

Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully cancelled.

“The Buyer agrees that the title to the goods is transferred to the buyer at the time of placing the Order and dispatch confirmation thereof irrespective of Shipping of Goods and COD which are to be done in due course being a separate chargeable facilities.”

DUTIES AND TAXES

All of mervininternational.com orders are shipped internationally from our warehouse in Bareilly, U.P. INDIA to your provided shipping address via Fedex. Due to the nature of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. The large majority of orders will not have to pay any additional fees. However, we are unable to calculate when and how much these infrequent customs duty charges will be levied. In the case where additional customs charges are assessed, you will be responsible for paying these additional fees. To make your shopping experience as seamless as possible, we have arranged with Fedex to customs clear your goods for you and deliver them to your doorstep. If you are presented with an invoice from Fedex for import duties and taxes, you will have to pay Fedex directly at the time of delivery. Mervininternational.com takes no responsibility for non-delivery of orders in case such taxes and duties are not accepted and settled by the recipient at the delivery address and will not provide any refunds in such cases.

EXCHANGES, RETURNS AND REFUNDS

Mervininternational.com will replace the product free of cost if you are not satisfied with your purchase for any reason.

Exchanges or returns must be made within 10 days of receiving your order.

Shipping charges will not be refunded and customers are required to pay for the shipping costs to return the goods.

Any refund against a return request made to mervininternational.com customer support, and collected by courier from the delivery address where the item was originally delivered, shall be processed only upon receipt of the merchandise in unused condition, along with the original sales invoice.

After the merchandise is received by mervininternational.com, and subject to verification of the purchase and condition of merchandise we shall process a refund/exchange within 5 working days of receipt of the merchandise.

Refunds of payments charged to the Cardholder's credit / debit card will only be credited back to the Cardholder's credit / debit card account, which was used to pay for the original order. Please note that we shall not be responsible for any delays in credit to the Cardholder's credit / debit card account as that is managed by the Cardholder's issuing bank.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by mervininternational.com on an "as is" and "as available" basis. mervininternational.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, mervininternational.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. mervininternational.com does not warrant that this site, its servers, or e-mail sent from mervininternational.com are free of viruses or other harmful components. mervininternational.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Whilst we try and ensure that the details, descriptions and prices of the products displayed on the Website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any order that you may place based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies.

To the maximum extent permitted by applicable law, mervininternational.com assumes no liability or responsibility for

  • any errors, mistakes, or inaccuracies of content displayed on the Website;
  • any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or any product;
  • any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the website; and/or
  • any bugs, viruses or the like that may be transmitted to or through our Website by any third party.

WARRANTY

All goods sold by Our Company are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is no assign able and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of Our Company has any authority to bind Our Company to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. You have 10 days to decide if an item is right for you, if not, you can certainly come to us within 10 days of receipt.

Our Company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. Our Company disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.  

INDEMNIFICATION

You agree to defend, indemnify and hold harmless mervininternational.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to mervininternational.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

APPLICABLE LAW

By visiting mervininternational.com, you agree that the laws of India, under the jurisdiction of the Bareilly U.P. Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and mervininternational.com or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to mervininternational.com or to products you purchase through mervininternational.com shall be submitted to confidential arbitration in Bareilly, U.P. India, except that, to the extent you have in any manner violated or threatened to violate mervininternational.com's intellectual property rights, mervininternational.com may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. 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.

TERMINATION

This User Agreement is effective unless and until terminated by either you or mervininternational.com. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this website/app, provided that you discontinue any further use of this Website/app.

mervininternational.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/app. Such termination will be without any liability to mervininternational.com. Upon any termination of the User Agreement by either you or mervininternational.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website/app, as well as all copies of such materials, whether made under the User Agreement or otherwise. Mervininternational.com's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website/app or affect any liability that may have arisen under the User Agreement.

MODIFICATION OF TERMS AND CONDITIONS OF SERVICE

mervininternational.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on mervininternational.com. You can access the latest version of the User Agreement at any given time on mervininternational.com. You should regularly review the User Agreement on mervininternational.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.

 

Mervin International

84, Udyan, Mahanagar Part 2, Bareilly 243001 U.P. INDIA

Tel. +91-581-2583900/01/02

Fax. +91-581-2583800

Email – info@mervininternational.com