Terms & Conditions - Merkmak Shoes

Terms and Conditions

Description of Services: In the Site, Merkmak Shoes provides members with access to sales of Merkmak Shoes products online (the “Service”). Members are notified about sales each day via Email and SMS on their registered Email id and Phone number.
License and Site Access: Merkmak Shoes grants you a limited license to access and make personal use of the Site and the Service. 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 Site and the framing of any Content available through the Site 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 an unreasonable or disproportionately large load on Wood’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Merkmak Shoes to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Merkmak Shoes.
Membership Eligibility: The Merkmak Shoes Service is not available to minors under the age of 18 or FIRST THING WHO ARE ‘INCOMPETENT TO CONTRACT’ UNDER THE INDIAN CONTRACT AD, 1872 OR to any users suspended or removed from the system by Merkmak Shoes for any reason. THE SAME CONDITION, AS TO ELIGIBILITY FOR MEMBERSHIP AS LAID UNDER THE INDIAN CONTRACT AD, 1872 IS ALSO APPLICABLE TO THE PEOPLE JOINING FROM THE STATE OF JAMMU & Kashmir, FOR THE PURPOSE OF USING THIS SITE. 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 user in accordance with the terms of clause 8 below. Additionally, users are prohibited from selling, trading, or otherwise transferring your Merkmak Shoes account to another party. If you do not qualify, you may not use the Merkmak Shoes Service or the Site.
Your Account: In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’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 Merkmak Shoes has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Merkmak Shoes has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Merkmak Shoes immediately of any unauthorized use of your account or any other breach of security. Merkmak Shoes reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
Pricing Information: We provide you with the best prices possible on the products you buy from Merkmak Shoes. Prices and availability are subject to change without notice. While Merkmak Shoes strives to provide accurate product and pricing information, pricing or 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, Merkmak Shoes may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Merkmak Shoes will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Merkmak Shoes accepts your order the same shall be debited to your credit card account. The payment may be processed prior to Merkmak Shoes dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
Cancellation by Merkmak Shoes: 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 include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our Credit and Fraud Avoidance Department. 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.
Cancellations by the Customer: In case of requests for order cancellations, Merkmak Shoes reserves the right to accept or reject those requests for any reason. As part of our usual business practice, we accept cancellation notice only within 24 hrs from date of purchase if the order has not been processed / approved by us. In this case we shall cancel the order and refund the entire amount. However, we will not be able to cancel orders that have already been processed. Merkmak Shoes reserves the right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Merkmak Shoes and accept Wood’s decision as final regarding the cancellation.
Fraudulent/Declined Transactions: Merkmak Shoes constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and Merkmak Shoes reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Merkmak Shoes reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, Merkmak Shoes reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, Merkmak Shoes shall owe no liability for any refunds.
Credit Card Details: You agree, understand and confirm that the credit card details provided by you for availing of services on Merkmak Shoes 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 Merkmak Shoes. Further the said information will not be utilized and shared by Merkmak Shoes with any of the third parties unless required for fraud verifications or by law, regulation or court order. Merkmak Shoes 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.
Limitation of Liability: Merkmak Shoes will not be liable for short delivery or defective Goods unless a claim is notified by you in writing within 14 days of delivery in accordance with Return and Exchange Terms. The notification must include the invoice number, delivery note number and details of the claim. Merkmak Shoes will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of Merkmak Shoes, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or Act of God. You expressly understand and agree that Merkmak Shoes and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Merkmak Shoes has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
Indemnity: You agree to indemnify and hold Merkmak Shoes(and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
Electronic Communication: When you use the Site or send emails to Merkmak Shoes, you are communicating with Merkmak Shoes electronically. You consent to receive communications from Merkmak Shoes electronically. Merkmak Shoes will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links: The Site or third parties may provide links to other World Wide Web sites or resources. Because Merkmak Shoes has no control over such sites and resources, you acknowledge and agree that Merkmak Shoes 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 Merkmak Shoes 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.
Access to Password Protected/Secure Areas: Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Modifications and Notification of Changes: Merkmak Shoes reserves the right to make changes to the Site, related policies and agreements, this TOS and the Privacy Policy at any time. If Merkmak Shoes makes a material modification to this TOS, it will notify you by: (i) sending an email to the address associated with your account. Merkmak Shoes is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add merkmakshoes.com to the list of domains approved to send you email and (ii) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as appropriate, for thirty (30) days, with (i) and (ii) being deemed sufficient notification, of such changes. After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice will be removed and a brief description of the modification and the date that it went into effect will be placed in the Historical Modifications section at the end of the TOS and Privacy Policy. If you have not used the Site for more than 30 days, you should check these two sections for any modifications to the TOS or Privacy Policy prior to any further use of the Site. Should you wish to terminate your account due to a modification to the TOS or the Privacy Policy, you may do so by sending an email with the subject line “Termination” to the following email address: [email protected]. If you choose to continue using the Site, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
Trademarks: The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Merkmak Shoes and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Merkmak Shoes 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.
Returns and Exchange: Merkmak Shoes may accept returns on apparel and footwear for account credit only. For this purpose Merkmak Shoes must receive the merchandise within 14 days from the date it was shipped to you. Items must be unused, unworn, unwashed and undamaged by you. Goods will be returned only if they are returned in their original packaging. We do not provide refund on any goods sold. Goods once sold can only be exchanged for replacement or a store credit if they meet our terms and conditions. Since we keep limited inventory and do not always have all sizes available and under such circumstances the amount paid by you can be used by you whenever you shop with us next time. All conditions applicable to return of goods shall also apply to exchange of goods. To return an item, the customer must write to us at [email protected], a prompt response is assured to such mails. If you are not satisfied with the product received by you for any reason you may have the option to exchange at the sole discretion of Merkmak Shoes receive a refund.
Refund Clause: For the purpose of this clause account credit means credit issued to your account for the entire purchase amount less the shipping costs. Your account credit can be used towards your next purchase with Merkmak Shoes.
Offer and Schemes/Voucher Redemption: Merkmak Shoes reserves the right to change/modify/add/delete to the terms and conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and other types of vouchers) it brings to market from time to time. Merkmak Shoes at its discretion can withdraw a particular scheme from the website/market. The Terms and Conditions Governing Each Contest and Promotion Differ from one another. In case of any question please mail us at [email protected]
Delivery: Merkmak Shoes endeavours but does not guarantee to deliver the products to customers within 2-3 weeks from the day of close of sale depending upon the shipping location. The factors include delay in delivery through the courier partner, transporters’ strike etc. Merkmak Shoes will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the goods howsoever caused. If you fail to take delivery of the goods, Merkmak Shoes may at its discretion charge you for the additional shipping cost.
Survival of Terms after Agreement Ends: Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
General: If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Merkmak Shoes may offer special promotional offers which may or may not apply to your Merkmak Shoes account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Merkmak Shoes. This TOS and the relationship between you and Merkmak Shoes will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of Merkmak Shoes 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. Merkmak Shoes does not guarantee it will take action against all breaches of this TOS. Except as otherwise, expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and Merkmak Shoes and governs your use of the Site, superseding any prior agreements between you and Merkmak Shoes with respect to the Site.