Conditions of Use
TERMS AND CONDITIONS OF USE AND SALE
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").
Mstock (“www.mstock.co.in”) owns and operate this Website. This document governs your relationship with www.mstock.co.in (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). 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. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean MERKUR VENTURES PVT. LTD. and its affiliates.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
a) www.mstock.co.in ("Website") is an Internet based content and e-commerce portal licensed by Merkur Ventures Private Limited, a company incorporated under the laws of India.The prices mentioned is for one unit unless mentioned otherwise.Delivery charges may apply.Conditions apply.Offer valid till stocks last.Prices are inclusive of all taxes.The product descriptions mentioned on the products sold by seller / manufacturer & images,features,specifications shown here are for reprensentational purpose only,actual product may vary.All products names,logos & brands are property of their respective owners and are for identification purposes only.Use of these names,logos & brands does not imply endorsement.Mstock is marketplace for connecting customers with sellers & does not manufature,own,sell or produce any product.The actual quantity & pricing are decided by sellers,who are selling their products on our website.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. www.mstock.co.in at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
c) These terms and conditions are operational only in India and on special request the Mstock can consider their request for delivering outside India, and this portal is open to participation of all the registered members, resident of India of deadstock.co.in, over and above the age of 18 years.The program may be extended to other geographies and other audiences at Mstock's discretion.
2. Services Offered:
www.mstock.co.in provides a number of Internet-based services through the Website (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as Building Materials which includes plumbing stocks & materials, Wall & Floor Tiles, Cement & Steel related products, Kitchen Accessories, Paints, Plywood & Doors, Green Building products etc. from various manufacturers and lifestyle brands (collectively, "Products"). The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. (which are found on the following URL http://www.mstock.co.in/shipping-returns), and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
3. Our Contract:
When you place an order, you will receive an acknowledgement e-mail/sms confirming receipt of your order: this email/sms will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail/sms that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail/sms sent at the time of dispatch will be included in the contract formed.
5. Limited User:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Mstock's name is stated as the source and prior written permission of deadstock.co.in is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
6. User Conduct, Prohibitions and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
(a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
(c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;
(d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
(e) conduct or forward surveys, contests, pyramid schemes or chain letters;
(f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(i) violate any applicable laws or regulations for the time being in force in or outside India; and
(j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
(k) You must not misuse this Website. You will not: commit or encourage a criminal offense;
(l) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
7. User Warranty and Representation:
The Mstock will not be liable for any warranty issues, the user shall approach the Vendor or manufacturer in case of any issues relating to the item(s). The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by Mstock.co.in.
8. Exactness Not Guaranteed:
Mstock.co.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
9. Intellectual Property Rights:
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Mstock or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Mstock.co.in and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
10. Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mstock.co.in or the Website and Mstock.co.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mstock.co.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Mstock.co.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mstock.co.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. Disclaimer of Warranties/Limitation of Liability:
a) Mstock.co.in has endeavored to ensure that all the information on the Website is correct,
b) Mstock.co.in neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In case of any issues/disputes regarding the item(s) the user shall directly approach the Vendor or the manufacturer of the item(s), who considered being as the warranting authority.
c) In no event shall deadstock.co.in be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(i) The use or the inability to use the Services or Products;
(ii) Unauthorized access to or alteration of the user's transmissions or data;
(iii) Any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.
d) Neither shall Mstock.co.in be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
e) Further, Mstock.co.in shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Mstock control.
f) The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless deadstock.co.in (its Directors, officers, employees, consultants, agents and affiliates) from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by deadstock.co.in that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Mstock’s discretion. In case of any offers on the item(s) the user shall be eligible to the offers based on the scheduled time bound offers and also stock availability at the vendor or manufacturer end.
a. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The fund received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email/sms the fund paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email/sms.
b. The user shall also avail Cash on Delivery (COD) payment options by submitting their proper billing address and the user shall make payment by ‘pay on time delivery basis’ without delay in the making payment at the time of delivery of item(s), if there is unreasonable delay in making payment by the user the delivery team shall have all the rights of withdrawing or cancelling the order for Delay in Payment.
c. The user shall also make payment in the form of bank transfers through NEFT, RTGS, IMPS or any other mode of transfers, the user shall state the invoice details with the bank transfers.
d. The user can make payment in the form of Cheque or Demand Draft favoring “MERKUR VENTURES PVT. LTD.”. In case of dishonour of the respective issued cheque the user shall be liable to bear all legal charges, dishonor charges and other charges, payable with the Interest rate of 18% per annum from the date of billing.
a) Mstock.co.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 15(a) above, these Terms will survive indefinitely unless and until Deadstock.co.in chooses to terminate them.
c) If you or Mstock.co.in terminates your use of the Website or any Service, Mstock.co.in may delete any content or other materials relating to your use of the Service and Deadstock.co.in will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
16. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Bangalore.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
18. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
a. ELIGIBILITY, MEMBERSHIP, ACCRUAL
i. New Customers will gain membership to the program on registration.
ii. All existing customers are given a free membership to the program.
iii. Membership will be identified by a single registered email id confirmed by the registered member at time of first login on the Mstock.co.in webpage.
iv. Two email id's cannot be combined under a single membership.
v. Membership will be activated for existing and new members/customers as follows:
i. Activated by default.
ii. For new customers/member - on registering with deadstock.co.in.
v. Membership is valid for life until such time as deadstock.co.in decided to terminate their membership, with or without notice to its members.
b. GENERAL TERMS AND CONDITIONS
i. Each member is responsible for remaining knowledgeable about the Mstock.co.in Program Terms and Conditions and the number of points in his or her account.
ii. Mstock.co.in will send correspondence to active members to advise them of matters of interest, including notification of deadstock.co.in Program changes and Points Updates.
iii. Mstock.co.in will not be liable or responsible for correspondence lost or delayed in the mail/e-mail.
iv Mstock.co.in reserves the right to refuse, amend, vary or cancel membership of any Member without assigning any reason and without prior notification.
v. Any change in the name, address, or other information relating to the Member must be notified to Deadstock.co.in via the Helpdesk/email by the Member, as soon as possible at mstockindia(at)gmail-com or call at +91-0-7349727270 Business Working Days. Mstock.co.in reserves the right to add, modify, delete or otherwise change the Terms and Conditions without any approval, prior notice or reference to the Member.
vi. In the event of dispute in connection with Mstock.co.in Program and the interpretation of Terms and Conditions, Mstock's decision shall be final and binding.
21. Entire Agreement:
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Mstock.co.in. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Mstock.co.in.