Terms & Conditions
MIRAAN provide website features and other products and services to you when you visit or shop at www.miraan.in, use MIRAAN products or services, or use software provided by MIRAAN in connection with any of the foregoing. MIRAAN is a unit of Kalpana Stores, MIRAAN provides the Services subject to the following conditions.
This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and MIRAAN (“Company” or “us” or “we” or “Www.miraan.in”). This document is an electronic record in terms of 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.
Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that MIRAAN shall in no manner be held responsible for the same.
o The price of our merchandise as mentioned on Www.miraan.in is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. MIRAAN reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.
· ORDER CANCELLATION BY MIRAAN
o Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. MIRAAN reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 business days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by MIRAAN.
o While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your "Bank/s"; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
o All payments made against the purchases/services on Www.miraan.in by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by MIRAAN.
o Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to our users.
o MIRAAN may employ other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by MIRAAN which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
o MIRAAN endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if MIRAAN fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, MIRAAN may at its discretion charge you for additional shipping cost.
· LOSS IN TRANSIT
o All items purchased from MIRAAN are made pursuant to a shipment contract. The risk of loss and title for such items purchased on our site pass to you upon our delivery to the carrier.
· REFUNDS & RETURNS
o MIRAAN shall make all endeavors to deliver defect free products to the purchasers. MIRAAN does not take title to any returned items purchased by the user unless the item is received by MIRAAN. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to MIRAAN within 10 days of its receipt. Any communication received after 10 days of delivery shall not qualify for return unless expressly covered by the product warranty even in case they said product has been wrongly delivered.
o MIRAAN holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy.
· PRODUCT DESCRIPTIONS
o Products displayed on MIRAAN attempts to be as accurate as possible. However, MIRAAN does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by MIRAAN is not as described, your sole remedy is to contact MIRAAN within 10 days of receipt and MIRAAN reserves the right to provide a solution as per its discretion. MIRAAN is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
· PRODUCT COMPLIANCE
o Products displayed/ sold on the MIRAAN website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
· PRODUCT PRICING DISCLAIMER
o The prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogs are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.
· INACCURACY DISCLAIMER
o From time to time there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. MIRAAN reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
· WARRANTIES & LIABILITY
o All information, content, materials, products (including software) and other services included on or otherwise made available to you by MIRAAN are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. MIRAAN makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through MIRAAN, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
o MIRAAN does not warrant that this Website will be uninterrupted, error free, or constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. Further, MIRAAN 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 RE control. 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.
o We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that MIRAAN shall not be liable for any damages of any kind related to your use of this Website.
o Though MIRAAN shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
o All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. MIRAAN shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
o MIRAAN will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that MIRAAN is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
o You agree to indemnify and shall not hold MIRAAN (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of these terms, or any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
o Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
o We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
o The failure by MIRAAN to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by MIRAAN of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
· FORCE MAJEURE
o Failure on the part of MIRAAN to perform any of its obligations and the non furnishing of the Service), shall not entitle you to raise any claim against MIRAAN or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of MIRAAN that directly or indirectly hinders or prevents MIRAAN from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
· This Website is only a venue where Users may meet and interact with us for their sale and purchase transactions. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the we have complete control and the same may be subject to change.
· The agreement between you and www.miraan.inis subject to the following terms and conditions:-
· The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
· These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of www.miraan.inyou agree to be bound by the Terms and Conditions.
· All prices, unless indicated otherwise are in Indian Rupees
· By indicating User’s acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
· Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
· In a credit card transaction, you must use your own credit card. Www.miraan.in will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.
· In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.
· Payment gateway takes 24-48 hrs. To confirm the payment to check for fraudulent transactions. Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed with www.miraan.in. Usually all orders are processed and shipped within 7 working days, once payment is confirmed. However, certain categories of products have different lead-times for delivery due to the nature of the product. Do check the delivery timelines for each product while ordering. Www.miraan.in shall not be liable for any delay / non-delivery of purchased goods in the event of flood, fire, wars, acts of God or any cause that is beyond the control of www.miraan.in.
· The Products shall be subject to manufacturer's terms and conditions for warranty, service and maintenance, and Company does not accept any responsibility for the same. The Company also does not accept any responsibility for the usage of the Products by the User.
· Www.miraan.in shall have no liability for the defects in product received by the customer and the customer consents to agree to the terms of the return policy of the respective supplier in case of any defective products sold by such supplier to the customer.
· The User agrees to use the services provided by www.miraan.in, its affiliates, consultants and contracted companies, for lawful purposes only. Company may assign any or all of its rights under these Terms to its Affiliates without consent of the User.
· Any attempt by a User to deliberately damage the Site or undermine the legitimate operation of the Site is in violation of Criminal and Civil Laws and should such an attempt be made, Company reserves the right to seek damages/injunction from any such User to the fullest extent permitted by law.
· The User agrees to provide authentic and true information. www.miraan.inreserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), www.miraan.in has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.
· In the event of non-delivery of the products to the customers, MIRAAN liability shall be limited only to the refund of the exact amount paid by the customer for the purchase of the product.
· MIRAAN’s liability to any claims will only be up to and limited to the cost of the product units in question
· Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account or will be paid through cheque.
· In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.
· This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by MIRAAN and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply
· The Www.miraan.in names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of MIRAAN. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
· All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Www.miraan.in and its technology partners and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Www.miraan.in.
· You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Www.miraan.in shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
· You agree to defend, indemnify and hold harmless Www.miraan.in, its employees, founders, 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 www.miraan.inbut not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the 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.
· This User Agreement is effective unless and until terminated by either you or Www.miraan.in. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Www.miraan.in may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Www.miraan.in. Upon any termination of the User Agreement by either you or Www.miraan.in, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise.
· All the information regarding the products listed is taken from the companys website & company s catalogue. Some specifications are subject to change without prior notice.
Cash On Delivery (COD):
· Www.miraan.in Cash on Delivery service enables buyers to pay for their goods worth Rs.10,000 on receiving the consignment.
· In case of cancellations after the goods are delivered, Www.miraan.in will accept the consignment only if it is not opened or tampered with and would refund the token amount (if paid). Www.miraan.in will not be liable to take back the goods if the package is unwrapped or meddled with.
· If by due diligence, we find that a user is misusing the COD service, we might disable the users id or charge a processing fee.
· The user agrees to receive unlimited messages with regards to their transaction from Www.miraan.in. This clause shall survive till the expiry or termination of this User Agreement.
Residents of following states must provide below mentioned forms and courier them to the following address prior to processing of order:
a.Uttar Pradesh: Form 32 needs to be provided by the customer for any purchases above Rs.1000
b.West Bengal: Form 42 needs to be provided by the customer for any purchases above Rs.1000
c.Octroi Wherever applicable will be paid by customer
CHANGES IN POLICY
This document is an electronic record in terms of Information Technology Act, 2000 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.
All disputes are subject to jurisdiction of the courts of Bangalore, Karnataka India only
Miraan is committed to protecting all the information you share with us. We follow stringent procedures to help protect the confidentiality, security, and integrity of data stored on our systems. Our Website encrypts your credit card number and other personal information using Secure Socket Layer (SSL) technology to provide for the secure transmission of all data. Miraan’s top most priority is in protecting your confidential information and privacy.
We use encryption technology, digital certificates, secure commerce servers, and authentication to ensure that your personal information is secure online.
Miraan keeps track of your information to offer you the best possible shopping experience. When you register (log in), you supply your email address and a password. This allows us to provide you access to your account every time you visit our Website. Before completing your first purchase, we may ask you for your name, phone number, email, billing and shipping addresses. This information, along with your credit card number, is necessary to fulfill your order involved in the completion of your transaction and delivery of your order. We may also need your email address or phone number to contact you if we have questions about your order.
In addition, we keep a record of your past purchases, returns, and credits. We may also ask you for information regarding your personal preferences and demographics to help us better meet your needs.
We or our associate companies may also use your email address to notify you about new services or special promotional programs, or send you offers or information if you have opted-in. Promotional emails are sent only to members who have chosen to receive them (opted-in) or who have made a purchase on our website. At any time, you can notify us if you wish to stop receiving such emails.
Any information provided by you to any third party advertisements regarding Miraan may also be collected by Miraan and shall be protected in accordance with the present policy.
Miraan uses reporting software that allows us to analyze the amount and type of member traffic we get on our Website. We use this data to make improvements to your shopping experience and to ensure that we have enough capacity to properly serve all of our members. The software provides aggregate reporting information to Miraan only. No personal or personally identifiable information is gathered or used for this process.
MIRAAN may use various outside agencies (third party service providers) to make our Website operate. For example, we may use third parties to host our Website, operate various features made available on our Website, send emails, analyze data, provide search results and links, and assist in fulfilling your orders. Some of these third parties may need access to your information in order to make the services provided through our Website work. Information will only be disclosed to these service providers on a need-to-know basis, and they will only be permitted to use such information for the purpose of providing the particular services provided by such entities in connection with our Website. We shall however not disclose your credit card details except to the payment gateways.
Your information may be transferred to or be maintained on computers, computer systems and computer resources located outside of your state or country where the privacy laws may not be as protective as those where you live. If you are located outside India, by providing information to us you agree to keep or transfer information to India and make it available to processes it there. Your submission of such information represents your agreement to that transfer.
Unfortunately, the transmission of information over the Internet is not completely secure. Although we strive to protect your personal data, we cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once we have received your information, we have commercially reasonable procedures and security features in place to reasonably endeavor to prevent unauthorized access through our systems.
From time to time we may update this Policy without any prior notice. Your continued subscription to our Services constitutes an acceptance of the then-current Policy and Terms & Conditions so we encourage you to visit this page periodically to review any changes.