Terms of Use

 

 

This Website ("www.shopmila.in") is owned and operated by Bunka Studio Private Limited (hereinafter referred to as “Owner” or “Company” or “Bunka”) a company incorporated under the Companies Act, 2013 of India, having its Registered Office at 1406A, Beverly Park 2, DLF Phase 2, Gurgaon, Haryana and is the sole owner, operator, author and publisher of the Website.

 

We recommend that before using any of the services on Mila, you must read and agree to these Terms of Use as well as our Privacy Policy.

 

By accessing or using Mila in any manner, including, but not limited to, visiting or browsing on Mila, you agree to be bound by these Terms of Use. By agreeing to the Terms of Use, the same shall constitute a legally binding contract and shall have the same legal force and effect as a written contract signed by You.

 

Mila encourages You to review these Terms whenever You visit the Website to make sure that You understand the terms and conditions governing the use of the Website. This agreement does not alter in any way the terms or conditions of any other written agreement You may have with Mila for other products or services. In the event of any conflict between the terms of this agreement and any other agreement executed with you, the terms of such other agreement shall prevail in relation to the subject matter thereof.

 

If you do not agree with this agreement (including any policies or guidelines referred to herein), please immediately terminate your use of the Website. If you would like to print this agreement, please click the print button on your browser toolbar.

 

ACCEPTANCE OF TERMS AND CONDITIONS

These Terms of Use (hereinafter referred to as "Terms and Conditions" or "T&C" or "Terms" or "Agreement") along with any other Policy or Statement or Information that may be placed on this website (hereinafter referred to as “Mila” or “Website” or “We” or “Us”), as modified or amended from time to time, are a binding contract between the Company and You (hereinafter referred to as "You" or "End User" or "Your" or "Buyer" or "Customer")

 

If you visit, use, or shop at the site or any future site operated by the Company, you accept these Terms of Use. In addition, when you use any current or future services of the Company or visit or purchase from any business affiliated with the Company or third-party vendors, whether or not included in the site, you also will be subject to the guidelines and conditions applicable to such service or merchant. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions shall prevail over the present Terms.

 

You, by subscribing to or using any of our products or services, agree that you have read, understood and are bound by the Terms and Conditions, regardless of how you subscribe to or use our products or services. If you do not want to be bound by the terms, you must not subscribe to or use our services.

 

MODIFICATION

Mila reserves the right to change, modify, adjust, vary, amend or alter all or any of its Terms of Use at any time and at its sole discretion without prior notice to the End User. It is the responsibility of the End User to keep himself/herself updated regarding such modifications. Mila shall in no case be held liable in respect of such modifications. The End User agrees to abide by all applicable guidelines, policies, rules, terms and conditions for availing the Mila, which may change from time to time.

 

PROHIBITIONS

Mila grants the End User a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the Website along with products and services offered by Mila thereon.

 

The following actions will be considered as misuse of the Website, and are thus prohibited:

 

• You are not allowed to reproduce, copy, modify, distribute, display any portion, publish any content or make any commercial use of any of the information or content provided on this Website.
• You shall not distribute in any form, any information, or other material that violates, infringes the copyrights, patents, trademarks, trade secrets, logo or other proprietary rights of Mila.
• You are not allowed to use the Website in any manner that is illegal or impairs the operation of the Website or its availability or usage by others.
• You further agree not to use any data mining, bugs, viruses, worms, trap doors, web crawlers, robots, cancel bots, spiders, Trojan horses, other harmful code of properties or any data gathering or extraction method in connection with your use of the Website.
• You are not allowed to make any use of the website for the benefit of another business.
• You are not allowed to post unsolicited promotional or advertising content.
• Mila holds no liability to any sort of damage or harm caused to your software, data or computer device by either using or downloading content from this Website.
• You may not copy any content from this website without the prior written consent from Mila. Modification, misuse, translation or creation of derivative work on the basis of website content is highly prohibited.

 

ELIGIBILITY

Use of this Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use this Website.

 

The Website is not available to minors under the age of 18 or to any users suspended or removed from the system by Mila for any reason. If you are a minor i.e. under the age of 18 years, you shall not purchase any items on the Website. As a minor if you wish to purchase an item on the Website, such a purchase may be made by your legal guardian or parent.

 

Mila reserves the right to void any purchase placed by such an ineligible person as mentioned herein.

 

Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such users. Additionally, users are prohibited from selling, trading, or otherwise transferring your Mila account to another party. If you do not qualify, you may not use the Site.

 

The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by You to the Company or payments made by your credit card by any third party.

 

You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Mila has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mila has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). If You use the Website, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Mila immediately of any unauthorized use of your account or any other breach of security. Mila reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

 

If You are a business entity, You represent that You are duly authorised by the business entity to accept these terms and conditions and You have the authority to bind that business entity to these terms and conditions.

PRODUCT INFORMATION, PRICING AND PROMOTIONAL DISCOUNTS

While Mila strives to provide accurate product and pricing information, typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Mila may, at its discretion, either contact You for instructions or cancel your order and notify You of such cancellation. Mila a will have the right to modify the price of the product and contact You for further instructions using the e-mail address or telephone number provided by You during the time of registration or cancel the order and notify You of such cancellation. If payment has already been debited for the purchase and your order is cancelled, Mila shall immediately issue credit in the amount of the charge to the End User.

 

The price of all products, delivery charges and any other applicable charges are displayed in Indian Rupees (INR). All prices are current at time of display, but these prices are subject to change without notice.

 

Mila has made every effort to display as accurately as possible the colours of our products that appear on the website. Further, Mila has ensured that the measurements, information and description for products furnished on the site are best calculated and stated to accuracy and true to its dimensions. However, due to the inherent characteristics of certain materials, actual measurements of individual items might vary slightly.

 

Mila offers promotional discount codes that are applicable on the purchases made on this website. These discount codes can be applicable on all or certain specified products. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.

 

As a condition of purchase, the Website requires your permission to send You administrative and promotional emails/calls. We will send You information regarding your account activity and purchases, as well as updates about our products and promotional offers. We shall have no responsibility in any manner whatsoever regarding any promotional emails/calls/SMS/MMS sent to you. The offers made in those promotional emails/calls/SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.

 

TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from Mila and You agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

 

INTELLECTUAL PROPERTY SOFTWARE AND CONTENT

Mila owns all the content available on this website, including, the text, graphics and copyright works. Mila is the exclusive owner of all rights in the compilation, design and layout of this website.

 

Mila grants you a limited license to access and make personal and non-commercial use of the Website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Website and the framing of any content available through the Website; uploading, posting, or transmitting any content that You do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (as per Mila’s sole discretion) an unreasonable or disproportionately large load on Mila infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Mila to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by Mila.

 

LINKS TO OTHER SITES

This Website may contain links to third party websites. Any outside links are provided only as a convenience. Your use of outside links is at your sole risk. Links from the Website do not constitute Mila endorsement of any third party, its Website, or its goods or services. Mila is not responsible for any outside sites, services or other materials linked to or from the Website, and disclaims all liability for any injury You may experience by using such links or materials.

 

GUARANTEES, WARRANTIES AND LIABILITY

To the extent permitted by law, Mila excludes all warranties, representations and guarantees (whether express, implied or statutory), and Mila shall not be liable for any damages, cost of procuring substitute products or content, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by You in connection with your access to or use of this Website or the content thereon or accessed through it.

 

The entire liability of Mila and your exclusive remedy, in law, in equity, or otherwise, with respect to the use of Website, products, offers and/or for any breach of this agreement is solely limited to the amount You paid in the month preceding the date on which a claim is raised by You, less shipping and handling costs and taxes, for products purchased solely via the Website.

 

This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

 

PRIVACY

Please review Mila’s Privacy Policy, which also governs your visit to Mila, to understand our practices. The personal information / data provided to us by You during the course of usage of Mila will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to your information being transferred or used, please do not use the Website.

 

CONTRACT FOR SALE OF GOODS

The parties to the contract are Mila ("the supplier") and You ("the purchaser"). The terms and conditions of this website constitute the terms and conditions of the contract. By placing an order you confirm that you have read the terms and conditions and accept them.

 

Payment must be made at the time the products are ordered (unless you opt for the Cash-On-Delivery option). When you place an order you will be automatically redirected to a secure payment gateway for you to complete payment. Mila does not keep a record of your credit card details.

 

Mila retains the right to accept or deny any offer made. This may be due to the availability of any product, or for any other reason that may affect our ability to supply the products ordered.

 

FRAUDS

Mila reserves the right to recover the cost of goods, collection charges and other expenses that may occur from persons for using the Website fraudulently. Mila reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these Terms.

 

DISCLAIMER

You acknowledge and undertake that You are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Mila. If you are dissatisfied with the Website, any contents, or any of these Terms, we would like to hear from you. However, your only legal remedy is as per these Terms or to stop using the Website. Mila does not warrant your use of the Site.

 

INDEMNIFICATION

You shall indemnify and hold harmless Mila, its owner, licensee, affiliates, subsidiaries, group companies (if any) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

Mila controls and operates this Website from its Office in Gurgaon, Haryana. These Terms (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India.

 

Any dispute arising under or relating to the terms, contents, your use of the Website, or products or services purchased using the website or with Mila shall solely and to the exclusion of all other courts be subject to the jurisdiction of the appropriate Courts situated in New Delhi, India, alone. By using the Website, you consent to the jurisdiction and venue of New Delhi courts with respect to any such dispute.

GRIEVANCE REDRESSAL

Any complaint or concern with regard to the Website, access, usage, content, comment or breach of the Terms shall be addressed to the designated Grievance Officer of Mila. The complaint shall be registered through the email ID as provided below. It shall be the endeavour of Mila to satisfactorily resolve and address the grievances at the earliest.

Telephone No : +91 93154 32800

E-Mail ID : connect@shopmila.in

TERMINATION

Mila reserves the right to terminate the End User’s access to Mila without any cause or notice. This may result in the forfeiture and destruction of all information associated with the End User. In such an event, the Terms shall come to an end. However, the Indemnification, Disclaimer, Governing Law/Jurisdiction and Dispute Resolution and Privacy Policy shall survive such termination.

ENTIRE AGREEMENT

These Terms constitutes the complete agreement and sets forth the entire understanding between Mila and you, as to the subject matter of this agreement. If any provision of this agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this agreement, and all provisions not affected by such invalidity shall remain in full force and effect. The headings contained in this agreement are for convenience of reference only and shall not affect the meaning and interpretation of this agreement.

 

By accepting these Terms of Use, the User agrees to have fully read and understood all the terms and conditions set out hereinabove.

DELIVERY, HANDLING CHARGES AND TAXES

Mila may charge such delivery and handling charges, as maybe determined by Mila from time to time along with the applicable taxes.

 

Although Mila strives to deliver the orders on time, there may be situations wherein the actual time taken for delivery of a product shall vary from the delivery time mentioned at the time of ordering such product. Mila shall keep you updated about any delays in delivering of products.

SHIPPING POLICY

 

At Mila, we take great care in delivering your products to you and we partner only with reputed national couriers. Shipping within India is FREE for all orders above Rs. 2000/-. For orders below that, we charge a flat shipping fee of Rs.100. For deliveries in India all taxes and duties are included in the price of the product listed on the Website.

 

Because each craftsman and artisan's process is unique, shipping times may vary. Look for shipping and delivery information on the product page for individual shipping times.

 

Our courier partners will be able to deliver the shipment to you between Monday through Saturday: 9am to 7pm. Working days exclude public holidays and Sundays. Delivery time is subject to factors beyond our control including unexpected travel delays from our courier partners and transporters due to weather conditions and strikes.

 

Address change will be accepted only if order has not been shipped. Address change is only possible if new location is within the same state.

 

As soon as your package ships, we will email you your package tracking information.

 

Delivery Time for your order starts from the date of Order Confirmation.

 

Due to unforeseen circumstances, it’s possible that we may not be able to produce your order piece. In such cases, you will be offered an alternate option / store credit / full refund.

 

At times orders can get delayed for reasons outside of our control (such as Force Majeure). If your order is delayed beyond 2 weeks of the estimated Delivery Time for some unforeseen reasons, we will get in touch with you to check if you would still like to continue with your order.

 

International Shipping

• For International deliveries, we charge a small amount for shipping, depending on the size and weight of the order. On average $50, or the equivalent, will be charged.
• In case of any return or exchange of a garment/s, the customer will have to bear the shipping costs.
• All customs and duties are to be borne by the customer.

 

Mila is not responsible for delays in shipping or delivery due to force majeure or other uncontrollable events.

CUSTOMER SOLICITATION

Unless You notify us in writing, of Your intention to opt out from further direct and indirect marketing communications and solicitations, You are agreeing to continue to receive emails, calls and messages through different mediums for soliciting products of Mila.

 

FORCE MAJEURE

Mila will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, pandemic, lockdown conditions, armed conflict, labor strike, lockout, or boycott, or any such circumstance that renders it physically impossible for Mila to complete its obligations hereunder.

 

CESSATION OF OPERATION

Mila may at any time, in its sole discretion and without advance notice, stop the operation of the Website and/or distribution of the products and/or the offers provided on the Website.

 

ASSIGNMENT

You may not assign your rights and obligations under this agreement to anyone. Mila may, in accordance with applicable law, assign its rights and obligations under this agreement in its sole discretion and without advance notice to You.

 

POSTING

By posting, storing, or transmitting any content on the Website, You hereby grant Mila a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Mila does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Mila is not liable for any damage or harm resulting from any posts by or interactions between users. Mila reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Mila deems objectionable, at its sole discretion.