Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
Purchase of Products
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by www.mifo.in (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. www.mifo.in reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform. 2.3 Sellers: Products are sold by “Sellers”. www.mifo.in may be a “Seller” for selected Products. “Seller” may also refer to a party other than www.mifo.in (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by www.mifo.in or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which: 2.3.1 For Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you 2.3.2 For Products sold by www.mifo.in, shall be agreements entered into directly and only between www.mifo.in and you. 2.4Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order. 2.5Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order. 2.6Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted
by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion. 2.7Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event www.mifo.in shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you. 2.8Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied. 2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either www.mifo.in or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable. 2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9: 2.10.1 no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular
purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller 2.10.2 Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller's opinion in that behalf. Neither www.mifo.in nor Seller gives any warranty as to the quality, state, condition or fitness of the Products 2.10.3 www.mifo.in shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of www.mifo.in, addition and insertion of parts, in particular of spare parts which do not come from www.mifo.in 2.10.4 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro- technical/electronic or electric influences, the Customer or third parties’ failure to follow www.mifo.in instructions (whether oral or in writing) misuse or alteration or repair of the Products without www.mifo.in approval 2.10.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without www.mifo.in prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims 2.10.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and 2.10.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.11 Intellectual Property:
2.11.1 Unless the prior written consent of www.mifo.in has been obtained, the Customer shall not remove or alter the trademarks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.11.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.11.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of www.mifo.in has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon www.mifo.in‘s request.
Delivery of Products
3.1 Address: Delivery of the Products shall be made to the address you specify in your Order either by Seller or by www.mifo.in (or its agents) on behalf of Seller. 3.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order. 3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform. 3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused. 3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform www.mifo.in within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If www.mifo.in does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product. 3.6 Voucher from www.mifo.in: If there is a delay in delivery of the Products, www.mifo.in may in its sole discretion offer a Voucher to the Customer. Upon the acceptance of a Voucher by the Customer, the Customer shall have no further claim against Seller. 3.7 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Seller’s fault) then without
prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.
Prices of Products
4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform). 4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
Payment
5.1 General: You may pay for the Product using any of the payment methods prescribed by www.mifo.in from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to www.mifo.in, either accepting payment in its own right or as Seller’s agent (where Seller is a Third-Party Vendor). You acknowledge that www.mifo.in is entitled to collect payments from you on behalf of Third Party Vendors. 5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by www.mifo.in from time to time. 5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include www.mifo.in), for any failure, disruption or error in connection with your chosen payment method. www.mifo.in reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. 5.4 Payment by Voucher: If you use a Voucher, the Voucher Terms & Conditions as set out at http://www.mifo.in/voucher-terms-of-use/ would apply. 5.5 Invoicing: Seller may invoice you upon the due date of any payment under a Customer Contract. 5.6 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full 5.7 Refund of Payment:
All refunds shall be made via the original payment mechanism and
to the person who made the original payment, except for Cash on Delivery, where refunds will be made via bank transfer into the individual’s bank account provided that complete and accurate bank account details are provided to us.
We offer no guarantee of any nature for the timeliness of the refunds
reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
All costs associated with the refund process imposed by the
processing bank and/or payment provider shall be borne by customer.
All refunds are conditional upon our acceptance of a valid return of
the Product.
We reserve the right to modify the mechanism of processing refunds
at any time without notice.
Questions and complaints
Welcome to the www.mifo.in website. Please read these terms and
conditions carefully. The following Terms of Use govern your use and access
of the Platform (defined below) and the use of the Services. By accessing
the Platform and/or using the Services, you agree to be bound by these
Terms of Use. If you do not agree to these Terms of Use, do not access
and/or use this Platform or the Services.
Risk and property of the Goods
7.1 Risk of damage to or loss of the Goods shall pass to the Buyer at the time
of delivery or if the Buyer wrongfully fails to take delivery of the Goods, the
time when www.mifo.in has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods or any
other provision of these Conditions the property in the Goods shall not pass
to the Buyer until www.mifo.in has received in cash or cleared funds
payment in full of the price of the Goods and all other goods agreed to be
sold by www.mifo.in to the Buyer for which payment is then due.
7.3 The Buyer agrees with www.mifo.in that the Buyer shall immediately
notify www.mifo.in of any matter from time to time affecting www.mifo.in’s
title to the Goods and the Buyer shall provide www.mifo.in with any
information relating to the Goods as www.mifo.in may require from time to
time.
7.4 Until such time as the property in the Goods passes to the Buyer (and
provided the Goods are still in existence and have not been resold)
www.mifo.in shall be entitled at any time to demand the Buyer to deliver
up the Goods to www.mifo.in and in the event of non-compliance
www.mifo.in reserves it’s right to take legal action against the Buyer for the
delivery of the Goods and also reserves its right to seek damages and all
other costs including but not limited to legal fees against the Buyer.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of
security for any indebtedness any of the Goods which remain the property
of www.mifo.in but if the Buyer does so all moneys owing by the Buyer to
www.mifo.in shall (without prejudice to any other right or remedy of
www.mifo.in) forthwith become due and payable.
7.6 If the provisions in this Condition 9 are not effective according to the law
of the country in which the Goods are located, the legal concept closest in
nature to retention of title in that country shall be deemed to apply mutatis
mutandis to give effect to the underlying intent expressed in this condition,
and the Buyer shall take all steps necessary to give effect to the same.
7.7 The Buyer shall indemnify www.mifo.in against all loss damages costs
expenses and legal fees incurred by the Buyer in connection with the
assertion and enforcement of www.mifo.in’s rights under this condition.
LIMITATION OF LIABILITY
8.1SOLE REMEDIES OF CUSTOMER: THE REMEDIES SET OUT IN CLAUSE 6
ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-
CONFORMITY OF OR DEFECTS IN THE PRODUCTS.
8.2MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF
THESE TERMS & CONDITIONS OF SALE, SELLER’S MAXIMUM CUMULATIVE
LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER,
ARISING OUT OF OR RELATING TO THE SALE OF PRODUCTS UNDER EACH
CUSTOMER CONTRACT, WILL NOT EXCEED THE SUMS THAT YOU HAVE
PAID TO SELLER UNDER SUCH CUSTOMER CONTRACT.
8.3EXCLUSION OF LIABILITY: WWW.MIFO.IN INDEMNITEES SHALL NOT BE
LIABLE TO YOU FOR ANY LOSSES WHATSOEVER OR HOWSOEVER
CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR
INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER
USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY
PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR
RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND
