Terms & Conditions

Terms and Conditions

Throughout this website, the terms ‘we’, ‘us’ and ‘our’ refer to our label, Makelen.

INTELLECTUAL PROPERTY

You acknowledge and agree that all trademarks, copyrights and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or contract details.

By visiting our website and/ or purchasing a product from us, you engage in our services and agree to be bound by the following terms and conditions.

You agree that

You may only use this website in order to raise legitimate inquiries or place orders of the desired products in stock on the website.

You will not place any fraudulent orders. If our team is reasonably of the opinion that such an order has been placed, we shall be entitled to cancel the order and also inform the concerned relevant authorities.

You shall provide correct information like e-mail, address and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.

If you do not provide us with correct information which we require, we may not be able to complete your order.

We reserve the right to-

Amend/Modify/Update our Terms & Conditions and content on this website from time to time. Therefore, before making a purchase on this website, we request you to go through our policies.

Withdraw any products from this website at any point of time and/or remove or edit content on this website.

Terminate user accounts in case of any violations.

Reconfirm if the order is legitimate by contacting the customer/user via email or mobile.

Cancel/refuse and/or inform the concerned authorities regarding the order in case any fraudulent/suspicious activity is detected. Whilst we will make our best efforts to always process all orders placed, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an order confirmation.

Take appropriate legal action against the user in case any activity carried out by the user on this website is detected with the intent or potential to cause any form of damage to our systems.  

LAW AND JURISDICTION

Contracts for the purchase of products through our website will be governed by Indian law.

Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the Indian courts.

If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

COUPONS AND VOUCHERS

It is at only Makelen’s discretion to send out promotional coupons and gift vouchers. Users can be disqualified under the terms for sending out coupons and/or vouchers without our consent.

Any use of Coupon and Vouchers issued and governed by Makelen and can be withdrawn at any time.

LIABILITY AND DISCLAIMERS

Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.

Nothing in these terms shall exclude or limit in any way our liability:

For death or personal injury caused by our negligence;

For fraud or fraudulent misrepresentation;

For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data; and

waste of management or office time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

All product descriptions, information and materials posted on this website are provided as is and without warranties express, implied or otherwise howsoever arising.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

Nothing in this clause will affect your statutory rights as a consumer, or your contract cancellation rights.

AVAILABILITY OF PRODUCTS 

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you may order. If you do not wish to order such substitute products, we will refund any money that you might have paid.

RISK AND TITLE

The Products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery.

The customer is requested and has the liberty to refuse the parcel if the condition of the packaging is found to be in damaged/tampered /open/soiled condition. In such cases we also need to be notified on our support email. On such refusal the brand shall make arrangement for a reverse pick-up and  to dispatch new merchandise ( if holding stock ) or issue a refund to the customer/user depending upon the payment mode chosen. 

Upon examining the condition of the package and duly accepting the consignment, the brand does not take responsibility of the products or its condition once it is with the customer. 

DELIVERY 

Unless there are any exceptional circumstances, we will endeavour to fulfil your order for the product(s) by due delivery date.

Reasons for delay in delivery of your order could include:

Unforeseen circumstances; or

Delivery area not under our scope of network 

UNABLE TO DELIVER 

If we are unable to deliver your order after two attempts by default as a delivery practice by our carrier. the carrier shall also coordinate on the mobile number provided by you. Still if the parcel is not being received by someone at the address given, then the parcel shall return back to us and a refund in your account can be facilitated once notified.  

 

Force Majeure Event 

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a contract that is caused by events not in our control.

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

Strikes, lock-outs or other industrial action.

Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Impossibility of the use of public or private telecommunications networks.

The acts, decrees, legislation, regulations or restrictions of any government.

Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.