This document is an electronic record in terms of the 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.
Welcome to www.mxs.co.in (“Website”)! Before using our services (“Services”), you are requested to please ensure that you carefully read and understand the following terms and conditions, which shall apply. Your use of our Services and use of the Website is expressly conditional on your acceptance of the following terms and conditions (“Terms and Conditions”) and will form the agreement between www.mxs.co.in and you.
This Website belongs to [MXS] (“Owner”/”Seller”) The following Terms and Conditions apply to everyone who visits www.mxs.co.in , and they govern the relationship between Owner and you.
The Terms and Conditions of Sale between the Seller (MXS) and you i.e., Customer (“Conditions of Sale”) are set out in the following terms and conditions of the Website, which are binding on you. In the event of inconsistency between the Terms and Conditions of the Website and the Conditions of Sale, the Terms and Conditions of the Website set out herein below shall prevail.
This page sets forth the Terms and Conditions under which (i) Owner (MXS) provides the information on this Website, as well as the terms and conditions governing your use of this site; and (ii) the terms and conditions for use of our Services.
The service statements on this Website are for general description purposes only. The information contained in this Website should not be viewed as an offer to sell or as a solicitation to purchase any of our services. Furthermore, not all services may be available in every state within India or any other country. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The Website may contain links to other third party sites. Such sites will contain their own separate terms and conditions. Your access to and use of these interactive sites will require acceptance of these separate terms and conditions.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
You agree that you shall not:
(i) access, monitor or copy any content or information of the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; or
(ii) violate the restrictions in any robot exclusion headers on this or bypass or circumvent other measures employed to prevent or limit access to this; or
(iii) take any action that imposes, or may impose, in the discretion of Owner, an unreasonable or disproportionately large load on the www.mxs.co.in infrastructure; or
(iv) deep-link to any portion of this Website (including, without limitation, the purchase path for any Products) for any purpose without our express written permission.
3. OUR RULES ABOUT YOUR DATA PRIVACY
4. SITE ACCESS
The Website grants you a limited permission to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not use any proprietary information (including images, text, page layout, or form) of www.mxs.co.in and our affiliates without our express written consent, which is at our sole discretion. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
Any unauthorized use terminates the permission granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.mxs.co.in so long as the link does not portray www.mxs.co.in , its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of Owner as part of the link without express written permission.
You must not use the Website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not www.mxs.co.in , are responsible for all electronic communication and content sent from your computer to us and you must use the Website for lawful purposes only. We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or introduction of new facilities or services at any time without prior notice.
5. YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided while creating your account. Owner and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
6. REVIEWS, COMMENTS AND COMMUNICATIONS
Visitors may post reviews, comments, and other content, and send communications and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.
The website www.mxs.co.in reserves the right (but not the obligation) to remove or edit such content, but does not commit itself to regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant the Owner/Website and its affiliates a free of cost, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Owner/Website and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant herein are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to perform all further acts necessary to perfect any of the above rights granted by you to www.mxs.co.in , including execution of any deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Owner/Website and its affiliates for all claims resulting from content you supply. www.mxs.co.in Owner has the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability whatsoever for any content posted by you or any third party.
7. INTELLECTUAL PROPERTY AND LICENSES
Subject to these Terms and Conditions and any other policies we create, we grant you a limited, non-sublicensable right to access the Website and use our Services only. This license does not allow you to copy or sell our services or materials; scrape or mine our Website, services, or materials; or frame any part of our Website or services. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Website or services, and to block or prevent future access to and use of the Website or services. Except for the limited license granted to you, you are not conveyed any other right or license in any way. Any unauthorized use of our Website or services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms and Conditions. You agree and understand that:
a. The contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of www.mxs.co.in . All intellectual property in and to the Website and its contents and functionalities shall vest solely with www.mxs.co.in
b. Save for the limited right to access and use the Website in accordance with these Terms and Conditions and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in the Website or any of the contents and functionalities.
c. Your use of the Website and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights, including www.mxs.co.in . Software and all HTML and other code contained in this Site. Any violation of our trademarks will be liable for legal action. You have no right to make any copies of the whole or part of this Website or any of the contents therein.
d. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Content that belongs to you.
e. You have no right to use any search mechanisms other than that provided on the Website and you will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website. If you are found to be in violation of this clause www.mxs.co.in reserves the right to terminate your access to the Website immediately. All materials on the Website and services, including its branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (herein after collectively referred to as “Materials”), are proprietary property of the Owner/Website, its Owners, suppliers, its licensors, or its users, and are protected by Indian and international intellectual property laws, including copyright and trademark laws. Our materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing "www.mxs.co.in" or any other name, trademark, or product name of www.mxs.co.in without our permission.
8. NO WARRANTIES
This Website, the materials, and the services are provided on an “as is” basis without warranties of any kind, either express or implied. All use of Website, materials, and services is at your sole risk. We specifically disclaim all warranties; express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We take no responsibility and assume no liability for any User Content or other content, including links to web pages, that you or any other user or third party posts or transmits using our Website or Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We are not responsible in any way for, do not monitor, and do not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Website or Services.
We do not represent in any manner that:
a. The information, data or contents of the Website are accurate;
b. The Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
c. The integrity of the information on the Website or information you upload will be maintained;
d. We endorse any of the views of any of the users who may have posted content;
e. We have verified or guarantee the quality of services or representations made by any user of the Website;
f. We have verified the credit worthiness of any user;
g. We have screened or verified any of the information posted herein;
h. The Website or any content is free from viruses or other malware.
You expressly release www.mxs.co.in , Owner, its affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the users of the Website.
9. RISK OF LOSS
All items purchased from Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guidelines provided alongside each product to select the size best suited for you.
Unless specifically provided for, the price displayed for each product (the term product includes all clothes, garments, cloth pieces and any other product) on this Website, whether in Foreign Currency or Indian Rupees represents the full price of the product excluding international shipping charges. With respect to product(s) sold on the Website, we charge your credit card/debit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional shipping fees, if applicable, will not be Refunded. In the event, any product on our Website is mispriced or if we discover a mispricing, we will do one of the following:
a. If a product price is lower than the displayed price, we will charge you the lower price and ship you the item.
b. If a product is priced higher than the displayed price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by www.mxs.co.in . The prices displayed on the Website are quoted in INR currency, which you can view in your preferred currency using the currency converter link. Please note that these are only estimates for your benefit and may not be what your card issuer charges you. The same is given only for ease of reference and without any guarantee or liability to MXS. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.
12. PRODUCT PROPERTIES AND WASH CARE GUIDELINES
All of MXS’s garments are tailored using the finest materials. The subtle variations in colour, texture and finish are intrinsic in giving the desired look to the various outfits of MXS. Our products involve pure fabrics, which are hand dyed. All embroideries are also done by hand therefore any irregularities only adds to the beauty of it’s handmade nature. An irregular weave or print is not a defect – handloom by definition means uncertainty when it comes to uniformity.
We have with the best resolution available have displayed as accurately as possible the colours of the products shown on this Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be Accurate. All garments should be dry cleaned only. You must inform the cleaner not to touch, rub or wring the area of embroidery as this would result in the embroidery being damaged. You must not use a washing machine to clean the garment.
You shall defend, indemnify, and hold harmless Owner/Website, its subsidiaries, affiliates and their respective officers, directors, agents and employees from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store, or otherwise transmit on or through the Website or services or your use of the Website and the Services, including, without limitation, any actual or threatened suit, demand, or claim made against Owner/Website arising out of or relating to the User Content, your conduct, your violation of these Terms and Conditions, or your violation of the rights of any third party.
14. limitation of liability
in no event shall this website ( www.mxs.co.in ), its officers, directors, agents, servants, partners, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this site, the materials, or our services. some jurisdictions do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.
15. GENERAL TERMS
i. Termination: Owner/Website reserves the rights to terminate your access to the Website at any time, in its sole discretion. You acknowledge www.mxs.co.in’s right to do so and waive any claim that you may have arising from such termination. Notwithstanding the termination of access, all provisions, which by their nature are intended to survive, shall survive termination and continue to be applicable.
ii. Force Majeure: In no event shall www.mxs.co.in be liable for any acts beyond its control or for any acts of god.
iii. Access: www.mxs.co.in does not make any claim that the website and its contents may be lawfully viewed or accessed in the jurisdiction you are viewing it in. You are solely responsible for complying
iv. Complaints: In the event you have any complaint(s) pertaining to our services provided through this Website, please feel free to email us at email@example.com providing us your name, email address, physical address and contact numbers so that www.mxs.co.in may be in a position to verify details or check the authenticity of the complaints. v. Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Website, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.
vi. Modification of these Terms and Conditions: We reserve the right to change or modify these Terms and Conditions, or any policy or guideline of the Website or services, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions to the Website or services. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website or Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these Terms and Conditions periodically, and check the version date for changes.
vii. Choice of Law & Jurisdiction: These Terms and Conditions are governed by the laws of India. Subject to the arbitration provision herein, the courts at Mumbai, India shall have exclusive jurisdiction over any claims or matters arising out of these Terms and Conditions.
viii. No Waiver: The Owner’s failure to exercise or enforce any right or provision of these Terms and Conditions will not be deemed to be a waiver of such right or provision.
ix. No Third-Party Beneficiaries or Rights: these terms and conditions do not create any private right of action on the part of any third party or any reasonable expectation that the Website or Services will not contain any content that is prohibited by these terms.
xi. Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms and Conditions. We may assign our rights and duties under these Terms and Conditions without any such assignment being considered a change to the Term of Use and without any notice to you.
xii. Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office MXS, Azzura International – Administrative office: G-2, Ground Floor, Shailja building, 50 – Pali Hill, Bandra (West), Mumbai – 400050, India.
xiii. Dispute Resolution: Any dispute relating in any way to your visit to www.mxs.co.in or to products you purchase through www.mxs.co.in shall be submitted to arbitration in Mumbai, India, except that, to the extent you have in any manner violated or threatened to violate this Website’s intellectual property rights, www.mxs.co.in may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. The Arbitration under this agreement shall be in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The Award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right to make changes to our site, policies, and these Terms and Conditions 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.
xiv. Feedback: We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org xv. Contact Information: If you have any questions or suggestions regarding our Terms and Conditions, please contact us at email@example.com
CONDITIONS OF SALE (BETWEEN SELLERS AND THE CUSTOMER)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on the www.mxs.co.in (the Website). These conditions signify your agreement to be bound by these conditions. You will also be subject to the Terms and Conditions of the Website. If these Conditions of Sale are inconsistent with such Terms and Conditions, the Terms and Conditions will prevail.
1. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products on the Website by us to you.
2. Our Contract
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the “Dispatch Confirmation E-mail”).
If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E- mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale.
You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the Website. You can cancel your order for a product at no cost no later than 24 hours from the time you place the order relating to that product.
Please review our Returns Policy, which applies to all garments/products sold by us.
4. Pricing and availability
We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable. For more details, please review our Pricing policy, which applies to products ordered from our Website.
All prices are inclusive of VAT (for sales within India only) unless stated otherwise, subject to governing rules at the time of purchase, or as may be applicable / modified by Statutory authorities from time to time. For sales outside India, taxes & import duties, as may be applicable in the country of import / shipment to by www.mxs.co.in shall be exclusively borne by and shall be the sole liability and responsibility of the customer.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from our Website and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
By purchasing any product from our Website, you acknowledge that you have read and understood our Wash & Care Guidelines.
7. Children Use of www.mxs.co.in is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
When you send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.
10. Alteration or Amendments to the Conditions
We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and
11. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
13. Governing Law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.