Terms & Conditions

Terms & Conditions


Please read these terms and conditions carefully. These T&C, as modified or amended from time to time, are a binding contract between the "mytikart.com" or "site" and you. If you visit, use, or shop at the site (or any future site operated by Mytikart.com, you accept these t&c. In addition, when you use any current or future services of Mytikart.com 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 will control.


This document is an electronic record in terms of 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.


General Introduction

You ("you" or "End User" or "your" or "Buyer" or "Customer") are required to read and accept all of the terms and conditions laid down in this Terms and Conditions ("Terms and Conditions" or "T&C" or "Terms" or "Agreement" or Terms of Use) and the linked Privacy Policy, before you may use www.mytikart.com (hereinafter referred to as "Site" or "mytikart.com" or "mytikart" or "we" or "our"). The Site allows you to browse, select and purchase high fashion and lifestyle items online, leather goods and accessories, electronic gadgets, vouchers and coupons ("Goods" or "Products" or "Services")


Your use of this website www.mytikart.com (hereinafter referred to as the "Mytikart" or “Site”) and its related sites, services and tools). These TERMS AND CONDITIONS are effective upon acceptance and governs the relationship between you and mytikart.com having its registered office at 495/57, 4th floor,masjid road,jangpura bhogal,new delhi-110014(hereinafter referred to as "mytikart" or "mytikart.com") including the sale and supply of any Products on the Site. If this TERMS AND CONDITIONS conflicts with any other document, the TERMS AND CONDITIONS will prevail for the purposes of usage of the Site. If you do not agree to be bound by this TERMS AND CONDITIONS and the Privacy Policy, you may not use the Site in any way. For the purposes of this TERMS AND CONDITIONS the term ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or such other actions that implies your acceptance.


When You use any of the services provided by the mytikart, including but not limited to Customer Comments, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. mytikart reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, mytikart grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.


ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by MYTIKART’s Policies (including but not limited to Privacy Policy here) as amended from time to time.


Membership Eligibility

Use of the mytikart Website is available only to persons who can enter into a legally binding contract 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 the mytikart Website. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the mytikart and shall not transact or use mytikrat website. As a minor if You wish to use or transact on mytikart, such use or transaction may be made by your legal guardian or parents who have registered as users of the mytikart. Mytikart reserves the right to terminate your membership and refuse to provide You with access to the mytikart if it is brought to mytikart's notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.


Your Account and Registration Obligations

In order to purchase any Products on the Website, you may either register and create an account secured by a password (the “Account”) or submit your order without creating the Account i.e. as a “Guest”. Any Account so created is personal to you, and you may not transfer it to another person. Your registration or order (in case of Guest) shall be complete after you accept the Terms. The Terms will apply each time you submit an order for any Products on the Website.


If You use the Website, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website. 


When You use the Website or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. By registering your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order, shipment, delivery, and other communications. We may communicate with you by email or phone or other modes of communication, electronic or otherwise. 


Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website. 


Communications

When You use the Website or send emails or other data, information or communication to mytikart, You agree and understand that You are communicating with mytikart through electronic records and You consent to receive communications via electronic records from mytikart periodically and as and when required. Mytikart may communicate with You by email or by such other mode of communication, electronic or otherwise.


Charges

Membership on the Website is free for buyers. Mytikart does not charge any fee for browsing and buying on the Website. Mytikart reserves the right to change its fee policy from time to time. In particular, Mytikart may at its sole discretion introduce new products, related services and modify some or all of the existing services offered on the Website. In such an event mytikart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to mytikart through modes of payment.


COLORS

While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.


EQUIPMENT

The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. Mytikart shall not be liable for any damages to the User's equipment resulting from the use of the Site.


Use of Website

You agree, undertake and confirm that your use of mytikart.com shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

(1) belongs to another person and to which You do not have any right to; or

(2) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or

(3) contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or

(4) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or

(5) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or

(6) misleading in any way; or

(7) harasses or advocates harassment of another person; or

(8) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or

(9) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or

(10) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or

(11) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation; or

(12) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or

(13) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or

(14) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or

(15) infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or

(16) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or

(17) solicits gambling or engages in any gambling activity which mytikart, in its sole discretion, believes is or could be construed as being illegal; or

(18) interferes with another user's use and enjoyment of the mytikart Website or any other individual's user and enjoyment of similar services; or

(19) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or

(20) refers to any website or URL that, in the sole discretion of mytikart, contains material that is inappropriate for the mytikart Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or

(21) harm minors in any way; or

(22) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or

(23) engages in commercial activities and/or sales without mytikart's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, mytikart "prior written consent" means a communication coming from mytikart Legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization; or

(24) violates any law for the time being in force; or

(25) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or

(26) impersonate another person; or

(27) shall not be false, inaccurate or misleading; or

(28) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Mytikart reserves the right to bar any such activity.

(A). You shall not attempt to gain unauthorized access to any portion or feature of mytikart.com/ Website, or any other systems or networks connected to mytikart.com Website or to any mytikart's server, computer, network, or to any of the services offered on or through mytikart Website, by hacking, password "mining" or any other illegitimate means.

(B). You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

(C). You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Mytikart on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

(D). You shall not probe, scan or test the vulnerability of Mytikart.com Website or any network connected to mytikart.com Website nor breach the security or authentication measures on mytikart Website or any network connected to mytikart Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to mytikart Website, or any other customer of mytikart, including any mytikart account not owned by You, to its source, or exploit mytikart Website or any service or information made available or offered by or through mytikart Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by mytikart Website.

(E). Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through Mytikart, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. Mytikart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on Mytikart.

(F). Solely to enable Mytikart to use the information You supply us with, so that we are not violating any rights You might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. Mytikart will only use Your Information in accordance with this Terms of Use and Mytikart's Privacy Policy.

(G). You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Mytikart Website or Mytikart's systems or networks, or any systems or networks connected to the Mytikart Website.

(H). You understand that Mytikart has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Mytikart Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

(I). You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mytikart or others.

(J). From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.

(K). It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Mytikart and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of Mytikart, and that the recipient may use such information to harass or injure You. Mytikart does not approve of such unauthorized uses but by using the Mytikart Website You acknowledge and agree that Mytikart is not responsible for the use of any personal information that You publicly disclose or share with others on Mytikart. Please carefully select the type of information that You publicly disclose or share with others on Mytikart, or from Mytikart on other social platforms (eg, but not limited to Facebook).

(L). You shall not engage in advertising to, or solicitation of, other users of Mytikart to buy or sell any products or services, including, but not limited to, products or services related being displayed on Mytikart or related to Mytikart. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Mytikart. It shall be a violation of these Terms of Use to use any information obtained from Mytikart in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Mytikart without Mytikart's prior explicit consent. In order to protect our users from such advertising or solicitation, Mytikart reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Mytikart deems appropriate in its sole discretion.

(M). Mytikart reserves the right, but has no obligation, to monitor the materials posted on Mytikart website. Mytikart shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Terms of Use. Notwithstanding this right of Mytikart, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE MYTIKART WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of Mytikart. In no event shall Mtikart assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Mytikart. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

(N). Mytikart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).


Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Mytikart is owned, controlled or licensed by or to Mytikart, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Mytikart and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Mytikart's express prior written consent.

You may use information on Mytikart products and services purposely made available by Mytikart for downloading from the Site, provided that You 

(a) make no modifications to any such information; or 

(b) do not remove any proprietary notice language in all copies of such documents; or 

(c) do not make any additional representations or warranties relating to such documents; or

(d) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; 

You shall be responsible for any messages,notes, drawings, profiles,e-mails,videos, audio files billboard postings, photos,  opinions, ideas, images or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of Mytikart and you grant Mytikart the worldwide, perpetual and transferable rights in such Content. Mytikart shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content You provide. You agree that any Content You post may be used by mytikart.com, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.


Other Businesses

Mytikart.com does not take responsibility or liability for the actions, products, content and services on Mytikat website, which are linked to Affiliates and / or third party websites using Mytikart APIs or otherwise. In addition, mytikart may provide links to the third party websites of affiliated companies and certain other businesses for which, Mytikart assumes no responsibility for examining or evaluating the products and services offered by them, and Mytikart does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Mytikart does not in any way endorse any third party website(s) or content thereof. 


Links

The Site or third parties may provide links to other World Wide Web sites or resources. Because mytikart.com has no control over such sites and resources, you acknowledge and agree that mytikart.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that mytikart.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Mytikart welcomes links to this Website. You may establish a hypertext link to mytikart.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Mytikart. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Mytikart, including any logos or characters, without the express written consent of Mytikart and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Mytikart website without Mytikart's prior written consent.


Privacy

We view protection of Your privacy as a very important principle. We understand clearly that you and Your personal identification information is one of our most important assets. We store and process Your Personal Identifiable Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at http://www.mytikart.com/privacypolicy. If you object to your Information being transferred or used in this way please do not use Mytikart.com Website


SHIPPING

For Mytikart to arrange to deliver any Products that you have purchased to you, you shall be solely responsible for providing the correct and accurate postal details.

 

Risk of loss and title for the Products that you purchase on the Website pass to you upon delivery of your purchased Products by the Logistics Supplier.

 

Shipping of Products shall be subject to the policy and guidelines laid down in the Website from time to time which you may please go through. 

 

Mytikart.com is not responsible for any delays in the shipping of your ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to you, which is due to your fault or due to inaccurate, false or incomplete information provided by you.

 

Should you receive an item that is not in perfect condition please contact us immediately at admin@mytikart.com, and arrange for the faulty Product to be returned to us.



TRADEMARKS,COPYRIGHT AND RESTRICTION

The trademarks, logos and service marks ("Marks") displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.


The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Mytikart.com protected by copyright as a collective work under the applicable copyright laws. Mytikart owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Mytikart and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Mytikart shall not be deemed to be in the public domain but rather the exclusive property of Mytikart.com, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Mytikart.com, unless otherwise stated. 


We sell surplus goods so the actual products may have brand tags cut. Brand tags or logos dispalyed on website are for informational purpose only.


We do not claim to sell any brand and do not claim to be owners of any brand logo that may be displayed on website. Such logos are intellectual property of their respective brand owners. We don't intend to infringe any trademarks nor do we sell any brands. Products sold on website are being sold under our private label i.e Branded Surplus. Any request in case of any infringement or legal issue will be duely taken care.



Copyright complaint

We at Mytikart.com respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to us at admin@mytikart.com


Risk of loss

All items purchased from Mytikart.com 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.



Product Description

Mytikart.com tries to be as accurate as possible on behalf of its vendors. However, Mytikart.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.



Pricing/Typographical error

If Mytikart.com comes across any difference in pricing resulting from typographic errors wrt pricing or product information, Mytikart.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.


PRICING

We strive to provide you with the best prices possible on Mytikart.com as well as in all our stores Mytikart.com. However, sometimes a price online does not match the price in a store where the products might be displayed / sold. In our effort to be the lowest price provider in your particular geographic region, store pricing will sometimes differ from online prices. Prices and availability are subject to change without notice.


Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at Mytikart.com's discretion.


Billing

The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Mytikart.com reserves the right to collect taxes for shipping charges wherever applicable.


Indemnity

You agree to indemnify and hold mytikart.com (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, 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.


DURATION OF SALE

Each sale shall last from 4 to 72 hours only and the time of beginning of the sale is 1200 hours IST. Therefore, it is the customer’s responsibility to login earlier if they want to avail better products or styles because our sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be given and we will alert you only when an item is sold out.



DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

Mytikart.com has endeavored to ensure that all the information on the Website is correct, but Mytikart.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Mytikart.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Mytikart.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Mytikart.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Mytikart.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.


Cancellation by mytikart.com

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, 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 after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user's account in case of cancellation by Mytikart.com).


Cancellations by the Customer

In case of requests for order cancellations, mytikart.com reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. Mytikart.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by mytikart.com and accept mytikart.com's decision regarding the cancellation. In the event of cancellation of order by the customer mytikart.com shall not refund the voucher, if any used against such order.



MANDATORY DECLARATION - COMPUTERS

(1) You hereby declare that You have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order.


(2) You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.


SERVICES; ORDER, PRICING AND PAYMENT:

The Services shall include: 

(i)    The provision to you of the Website to purchase any Products;

(ii)    Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you (“Logistics Supplier”); and

(iii)    Mytikart’s customer support, enabling you to contact Mytikart at admin@mytikart.com with any queries that you may have in relation to your purchased Product/s.

 

You agree to pay the full amount payable for the Product as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in Indian National Rupees.

 

Mytikart may not accept your order for Products if 

(a) the item/s is/are out of stock; 

(b) Mytikart is unable to obtain authorisation for your payment; 

(c) shipping restrictions apply to a particular Product / Location; 

(d) mytikart finds a Product or pricing error; or 

(e) for any other reason at Mytikart sole discretion. In any of these situations, mytikart will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.

 

From time to time there may be errors in the pricing that appears on the Website or during the order process. There may also be errors in transmission resulting in the interruption of your purchase. Without admissions, Mytikart will in good faith try to resolve any issues that may arise as a result of such errors. You agree to cooperate with Mytikart to resolve such issues, and you agree that Mytikart shall have full discretion to determine the appropriate resolution in such cases.

 

While availing any of the payment method(s) available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

• Lack of authorization for any transaction/s, or

• Exceeding the preset limit mutually agreed by You and between "Bank/s", or

• Any payment issues arising out of the transaction, or

• Decline of transaction for any other reason/s

 

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India and through instrument(s) issued in India or mode(s) for usage within India only. Website will not facilitate transaction with respect to any other form of currency or instrument or mode with respect to the purchases made on Website.

 

Mytikart.com may offer multiple payment options through various instrument(s) or mode(s) for the convenience of the customers, including credit card, debit card, net banking, etc. Mytikart reserves the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any payment options on the Website shall at all times be subject to rules, regulations and guidelines under applicable law and those prescribed by RBI, issuer banks, acquiring banks, facility providers and other intermediaries involved in the payment process. 

 

All payment transactions, including through credit/debit card, are subject to validation by the issuer as applicable. If the issuer of your payment instrument(s) refuses to authorise payment, Mytikart has the right to cancel your order. Mytikart cannot be held responsible if this should result in a delay in dispatching your goods/Products.

 

Mytikart.com reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with Mytikart or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

Mytikart.com may do such checks as it deems fit before approving the receipt of/buyers’ commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of Mytikart. As a result of such check if Mytikart is not satisfied with the creditability of the buyer or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/buyers’ commitment to pay transaction price.

 

All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.

 

Certain orders may constitute improper use of the Website and its Services. Mytikart.com reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Mytikart.com sole discretion.

 

In the event that a Product is listed at an incorrect price due to an error in pricing, Mytikar.com shall have the right, at Mytikart.com’ sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Mytikart.com may, at Mytikart.com’ discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

 

Mytikart.com reserves the right, at its sole discretion and without prior notice, to limit the quantity / value of items purchased per person per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.


CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.


Breach

Without limiting other remedies, Mytikart.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide You with access to the mytikart.com website in the event, but not limited to:


I. If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;


II. If mytikart.com is unable to verify or authenticate any information You provide; or


III. If it is believed that your actions may cause legal liability for You, other Users or Mytikart.com. Mytikart.com may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with Mytikart.com or use Mytikart.com Website in any manner whatsoever until such time that such User is reinstated by Mytikart.com. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, Mytikart.com reserves the right to recover any amounts due and owing by You to Mytikart.com or 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.


Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.


Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on Mytikart.com is presented solely for the purpose of sale in India. Mytikart makes no representation that materials in Mytikart.com are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Mytikart.com is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.


14 Day Replacement Guarantee

(1) Mytikart.com offers you REPLACEMENT WITHIN 14 DAYS FROM THE DATE OF DELIVERY ON THE product/s ordered on Mytikart.com i.e within 14 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s subject to the following terms and conditions:

(A). Notify us of any defects within 48 hours from the date of delivery and the same product/s will be replaced in return of the defective product/s.

(B). Notify us of any other returns the product/s and/or within 7 days from the date of delivery and the same product/s will be replaced in return of the product/s.

(C). Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Mytikart only.


(2) Following products shall not be eligible for return or replacement:

(A). Damages due to misuse of product;

(B). Incidental damage due to malfunctioning of product;

(C). Any consumable item which has been used;

(D). Products with tampered or missing serial/UPC numbers;

(E). Any damage/defect which are not covered under the manufacturer's warranty

(F).Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;


Disclaimer: "ANY DECISION ON 14 DAY REPLACEMENT GUARANTEE ON THE PRODUCT/S SOLD ON Mytikart.com is at the sole discretion of Seller Mytikart.com and decision of Mytikart Seller shall be final and binding. Seller Mytikart reserves the right to withdraw and/or alter from 14 DAY REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature."


INTERPRETATION OF NUMBER AND GENDERS

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.


Terms & Conditions For Promotions/Offers/End of Season Sale (EOSS)

1. Sale/discounts apply to selected items only. Although there are many brands on SALE, there might be some exclusion.

2. No two offers can be clubbed together. The “Buy worth Rs.2000 or more and get 10% off on your purchase amount” Promotion will not be valid on a purchase of products that already have an exclusive offer. 

3. All offers are non-transferable and have no cash value.

4. The End of Season Sale runs till stock lasts. Sale up to 50% off does not imply that all products are on discount.

5. Due to technical issues, typographical errors or information received from our suppliers and service providers, prices of the products shown on the Site may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.

6. Mytikart.com reserves the right to extend/ terminate/amend/add/remove/modify (in whole or part) the offers/sale, without further information at any point of time and Mytikart’s decision in this regard shall be final and requires no intimation to the customer of any sort.

7. In case of any query pertaining to the schemes, please email customer care at admin@mytikart.com or call us..........


ENTIRE AGREEMENT

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Mytikart.com with respect to the Mytikart.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you andMytikart.com with respect to the Mytikart.com sites/services. Mytikart's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.


Limitation of Liability

IN NO EVENT SHALL MYTIKART.COM  BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF MYTIKART.COM  HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.


MYTIKART.COM