Terms and conditions

BILLING

The price of our merchandise as mentioned on MUDY.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. We may also charge delivery Charges which may include postal charges / shipment charges etc. That may be applicable for your country.

ORDER CANCELLATION BY MUDY

Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. MUDY 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 by MUDY 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 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by MUDY.

SHIPPING & PROCESSING FEE

Our shipping and processing charges are intended to compensate MUDY for the cost of processing your order, handling and packing the products you purchase and delivering them to you.

For urgent orders or expedite shipping, MUDY may at its discretion charge you for additional shipping cost.

PAYMENT

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 authorisation for any transaction/s; (b) or exceeding the present 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.

All payments made against the purchases /services on MUDY.com 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 MUDY. 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 full proof online shopping environment to our users.

MUDY may employ Google pay, PaisaPay, PayPal, Paytm and such 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 MUDY 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.

DELIVERY

MUDY endeavours 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 MUDY fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, MUDY may at its discretion charge you for additional shipping cost.

LOSS IN TRANSIT

MUDY shall make all endeavours to deliver defect-free products to the purchasers. MUDY does not take title to any returned items purchased by the user unless the item is received by us. 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 MUDY within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.

MUDY holds the sole discretion to determine whether a refund can be issued.

REFUNDS & RETURNS

MUDY shall make all endeavours to deliver defect-free products to the purchasers. MUDY does not take title to any returned items purchased by the user unless the item is received by MUDY. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. Refunds will be made in terms of store credit that is redeemable for a year. Any communication received after 14 days of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered. Products sold during the sale period cannot be returned or exchanged.

MUDY holds the sole discretion to determine whether a refund can be issued.

PRODUCT DESCRIPTIONS

Products displayed on MUDY attempts to be as accurate as possible. However, MUDY does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by MUDY is not as described, your sole remedy is to contact MUDY within 48 hours of receipt and MUDY riser vest the right to provide a solution as per its discretion. MUDY is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

PRODUCT COMPLIANCE

Products displayed/ sold on the MUDY 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

The Prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogues 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

From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. MUDY reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

WARRANTIES & LIABILITY

All information, content, materials, products (including software) and other services included on or otherwise made available to you by MUDY are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. MUDY 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 MUDY, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

MUDY does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

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 MUDY shall not be liable for any damages of any kind related to your use of this Website.

Though MUDY shall make all endeavour 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.

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. MUDY shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.

MUDY 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 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.

INDEMNITY

You agree to defend and indemnify MUDY (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, 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 any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

BREACH

In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, 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. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

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.

If you have any questions regarding this, you can contact our Care Team at +91 95607 44267 or send us regular mail addressed to: contact@themudy.com

SEVERABILITY

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.

WAIVER

The failure by MUDY 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 MUDY of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

FORCE MAJEURE

Failure on the part of MUDY to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against ĀROKA or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment 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 MUDY that directly or indirectly hinders or prevents MUDY 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.

DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and MUDY hereto shall be determined and governed according to the laws of India. If any dispute arises between you and MUDY regarding your use of the Website or Your dealing with MUDY in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

GRIEVANCE

Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to contact@themudy.com

The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/grievance.

GOVERNING LAW

These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.

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.