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1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.


2. Purchase of Products

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.


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.


2.2 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:


2.2.1For Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you.

2.2.2For Products sold by www.mifo.in, shall be agreements entered into directly and only between www.mifo.in and you.


2.3 Placing 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.


2.4 Orders 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.


2.5 Seller’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.


2.6 Termination 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.


2.7 Product 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.


2.8 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.


2.9 No representations or warranties

Without prejudice to the generality of the foregoing Clause 2.8:


2.9.1no 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 Sellerr

2.9.2Seller 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

2.9.3www.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

2.9.4Seller 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

2.9.5Seller 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

2.9.6Seller 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

2.9.7Seller 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.


2.10 Intellectual Property:

2.10.1Unless 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.

2.10.2Where 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.

2.10.3The 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.

3. 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.



4. 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).


4.1 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.



5. 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.



6. 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.


7. Risk and property of the Goods

7.1 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.


7.1Risk 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.


7.2Notwithstanding 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.


7.3The 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.


7.4Until 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.


7.5The 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.


7.6If 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.


7.7The 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.



8. LIMITATION OF LIABILITY

8.1 SOLE 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.


8.2 MAXIMUM 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.


8.3 EXCLUSION 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 TEAR, WILFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE PRODUCTS OR FAILURE TO COMPLY WITH SELLER’S INSTRUCTIONS ON THE USE OF THE PRODUCTS (WHETHER ORAL OR WRITTEN).



9.General

9.1 References to “www.mifo.in”

References to “www.mifo.in” in these Terms and Conditions of Sale apply both to www.mifo.in‘s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.


9.2 Right to subcontract

Third Party Vendors shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to www.mifo.in or any of www.mifo.in’s designated service providers, subcontractors and/or agents.


9.3 Cumulative rights and remedies

Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.


9.4 No waiver

Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.


9.5 Severability

If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.


9.6 Rights of third parties

A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.


9.7 Governing law

These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction of the Mumbai courts.


9.8 Except as provided for in Clause 9.7

any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.


9.9 Injunctive relief

Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.


9.10 Amendments

Seller may by notice issued jointly with www.mifo.in through the Platform or by such other method of notification as Seller may designate solely through www.mifo.in (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of www.mifo.in (either via the Portal or such other means as www.mifo.in prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.


9.11 Correction of errors

Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.


9.12 Currency

Money references under these Terms & Conditions of Sale shall be in Indian Rupees


9.13 Language

In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.


9.14 Entire agreement

These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.


9.15 Binding and conclusive

You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.


9.16 Subcontracting and delegation

www.mifo.in reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as www.mifo.in deems appropriate.


9.17 Assignment

You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.


9.18 Force Majeure

Neither www.mifo.in nor Seller shall be liable for non- performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond www.mifo.in‘s or Seller’s reasonable control.