- The terms and conditions published herein 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.
- The domain name www.mymbt.net (hereinafter referred to as "Website") is owned by MBT Traders (Herein after referred to as MBT) having its registered office at 1 Gibson Lane, 1st Floor, Room No-110/111/112, Behind Orient Cinema, Kolkata, West Bengal - 700069.
- For the purpose of these Terms and Conditions, wherever the context so requires “Buyer” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered Buyer using the computer systems. MBT allows the Buyer to surf the Website without registering on the Website. However, to make purchases, the Buyer must be registered on the Website.
- Product Description: MBT does not warrant that Product description, Colour or other content of this Website are completely accurate or complete, or error-free and has no liability in this regard.
- Limitation of Liability : In no event shall MBT be liable for any special, incidental, or consequential damages of any kind in connection with these terms and conditions, even if buyer has been informed in advance of the possibility of such damages. Further the colour of the product may also differ from the picture on the website and MBT shall not be liable for the same.
- MBT is a platform which sells products. Products shall mean any good or services of different brands and companies offered for sale on the website for consideration.
- Contact Us: Please contact us for any questions or comments regarding this Website at email@example.com or phone number +918777300620.
- Grievance officer - In accordance with Information Technology Act 2000 and rules made there under, the contact details of the Grievance Officer are provided below: Grievance Officer, MBT Traders having registered office at 1 Gibson Lane 1st Floor Room No-110/111/112 Behind Orient Cinema, West Bengal 700069. Ph. No +918777300620, E-mail: firstname.lastname@example.org.
- Usage of, and purchases at the Website is available only to persons who can be parties to a contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, un-discharged insolvents etc, are not eligible to use the Website. If the Buyer is a minor i.e. under the age of 18 years or an incompetent person, the Buyers shall not register on the website and shall not transact on or use the website. Any such person if still uses or transact on the website, such use or transaction may be made by Buyer’s legal guardian on the Website. MBT reserves the right to terminate Buyer’s membership and / or refuse to provide the Buyers with access to the Website if it is brought to notice of MBT or if it is discovered that the Buyer is under the age of 18 years.
- If a person is using the Website on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Website.
- All persons wishing to use, register on, and purchase at the Website shall provide the following information:
- a) - Name
- b) - Mobile Number
- c) -Email ID
- d)–Address and Pin Code
- Upon receipt of such information MBT cannot share this information with any other individual. Whereas the buyers gives authority to the MBT to use the said details for sending promotions and information mails and messages to them.
3.Buyer’s Account and Registration Obligations
- The buyer is required to register and set up an account (“Account”) for using the Website by entering an email address and password or by using any permitted social media account to sign in ("Account Information"). MBT as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide a valid information, like email address or mobile number etc., while creating an Account. The Website will set-up an account and email the details of the Account at the email address provided.
- All commercial/contractual terms are offered and agreed between the MBT and Buyers. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
- The Buyers can take a close look at the Website for a complete description of the products. Despite all precautions by MBT, there may be inadvertent errors, and MBT shall not under any circumstances be held liable. The photographs of products shown on the Website are not contractually binding. Under no circumstances may MBT be held liable on the basis of said photographs or description of the products being sold. MBT also does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products to be sold or offered to be sold or purchased on the Website. MBT simply display the information provided by the Product Brand or Company.
- The Buyer shall be responsible for any non-performance or breach of the contract agreed by the Buyer.
- MBT attempts to keep the elements mentioned on its website accurate and complete as and when provided by various companies of the product. In particular the information about pricing, specifications and in general case all information about the products is subject to change without notice. It is possible that there could be errors or omissions in the information provided on the website. The information could also be incomplete. MBT is not responsible for any errors, omissions or representations on any of the pages or any links on any of the website pages.
- The prices displayed on products are expressed in Indian Rupees (INR) and inclusive all taxes and GST as applicable by law. Product prices shall also not include delivery charges, the cost of certain forms of packing or charges for certain optional services selected by the Customer. MBT shall have the right to refuse or cancel any orders placed by the Customer. Pricing on any product(s) as is reflected on the Website may be subjected to some technical issue, typographical error or product information published may be incorrectly reflected and in such an event MBT may cancel Buyer’s order(s).
- MBT further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, efficiency of a particular product or a part, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While precaution are taken to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. MBT do not implicitly or explicitly support or endorse the sale or purchase of any products on the website.
- Please note that there could be risks in dealing with underage persons or people acting under false pretence and MBT shall take a strict action against them.
7.Disclaimer of Warranties and Liability
- All the materials and products and services, included on or otherwise made available to The Buyers through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, MBT does not warrant that: a) This Website will be constantly available, or available at all; or b) The information on this Website is complete, true, accurate or non-misleading.
- MBT will not be liable to the Buyers in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. MBT does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to the Buyers through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.
- Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if MBT is unable to deliver such Products due to implications of different state laws, MBT will return the amount in the same mode as received by them.
- The Buyers will be required to enter a valid phone number while placing an order on the Website. By registering Buyer’s phone number with us, The Buyers consent to be contacted by MBT via phone calls and/or SMS notifications, not limited to the order or shipment or delivery related updates.
- MBT is a platform which sells the product. MBT shall not be liable for any defect in the manufacturing of the product. If there is any manufacturing defect in the product, the Buyer can directly approach the concern Brand or Company.
- MBT does not provide any professional or installation services of any of its products.
- While availing any of the payment method/s available at the Website, MBT will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to The Buyers due to: a) Lack of authorization for any transaction/s, or b) Exceeding the pre-set limit mutually agreed by the Buyers and between "Bank/s", or c) Any payment issues arising out of the transaction, or d) Decline of transaction for any other reason/s.
- All payments made against the purchases on Website by the Buyers shall be compulsorily in Indian Rupees (INR) acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
- The Buyers have specifically authorized MBT or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery (if available) to and from other Buyers in respect of transactions through Payment Facility.
- The Buyers understand, accept and agree that the Payment Facility provided by MBT is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, MBT is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
- MBT does not provide any credit facilities.
- All prices displayed on the Website is final and no further discounts or facilities are available for any customer, unless a promo code is made available by MBT.
- If the Order value of the buyer is or above Rs.2,00,000/- (Rupees Two Lakhs Only) then the Buyer agrees to submit a copy of his PAN card to MBT.
- If there is any delay in refund of the amount to the Buyer, MBT will not be liable to pay any compensation or interest for the same.
9.Payment Facility for Buyers
- The Buyers understand that upon initiating a Transaction the Buyers are entering into a legally binding and enforceable contract with MBT to purchase the products using the Payment Facility (a mechanism to pay through card, cash, or online medium), and the Buyers shall pay the Transaction Price through Buyer’s Issuing Bank to MBT using Payment Facility.
- MBT reserves the right to impose limits on the number of Transactions or Transaction Price which it may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by RBI to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- MBT reserves the right to refuse process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with MBT or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- The Buyer acknowledges that MBT will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of MBT.
- Upon the receipt of the order MBT shall ship the same in an appropriate packaging.
- MBT provides two types of Delivery
i.Standard Delivery: Standard Delivery is a by default delivery of MBT which takes 5 to 7 working days for delivery of the Product.
ii.Express Delivery: Express Delivery can be obtained upon payment of additional charges which takes 2 to 3 working days for delivery of the product.
- Delivery of the products by both the modes depends upon the Courier partner of the products. Buyers agrees that delivery may take an extra day if the shipment address is in a remote place.
- If a product is being return to MBT then the Buyer shall return the same with the original packaging without breaking or tampering any seal of the product.
- Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement only when the item is Defective, Item(s) missing, or wrong item shipped and the like.
- Buyer can even return the item to MBT, if they are not happy with the product. The product returned to MBT shall be accepted only after it is sent to MBT in its original form and packaging, without any dent or scratch on the product and without tampering with the seal of the product. Upon such return MBT shall deduct up to 15% of convenience and shipping charges on the order paid by the buyer and refund the balance amount.
- Points to be noted: a) MBT may accept the return irrespective of the policy on its discretion. b) MBT also reserves the right to reject a return and replacement request.
- Buyer need to raise the return/replacement request within 7 days from the date of delivery of products.
- In case MBT accepts the replacement request, Buyer shall be required to return the product to MBT in its original packaging and only after return of the product, MBT shall be obliged to provide the replacement product or refund to the Buyer.
- Upon receipt of the product from the Buyer MBT shall check the product. If any of the seal of the product is found broken or tampered or the product is found defective due to any act of the buyer then MBT reserves the right to refuse the replacement or return of the product.
- In case MBT doesn't have the product at all, MBT can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.
- Buyers can cancel the order online before the product has been shipped. The Buyer’s entire order amount will be refunded. An order cannot be cancelled after it has been shipped by MBT.
- The Buyer’s refund will be processed once MBT receives the originally ordered item back from the courier.
- If the Buyer has pre-ordered a product the same cannot be cancelled by the buyer. Pre-order is defined as a product which is booked by the customer by paying in advance, before the launch/release of the product.
- In order to Cancel the order, the Buyer can login to the website and click on Return/Exchange/Cancel order link in My Account section. Enter the order details and submit. Once MBT receives the request, the team shall initiate the cancellation request.
- MBT reserves the right to refuse the order of the buyer even after the receipt of the payment. Further receipt of such payment shall be refunded to their mode of payment within 7 working days.
- Shipping charge will be refunded only if the entire order is cancelled. However for a partial cancellation, MBT does not have a refund for the shipping charge.
- The refund will be credited back to the payment mode/account that was originally used to make the transaction.
- The refund of the amount would take 7 working days. If the buyer does not receive the refund within 7 working days, then the buyers must contact on Email: email@example.com and Ph.No: +918777300620.
- MBT prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
- This policy extends to text within listings, on Seller pages and all other areas of the site that another Buyer may view.
- If a feedback comment; or any communication made between Buyers on the Website; or email communication between Buyers in relation to transactions conducted on Website contain profanity, please inform to MBT and submit a request for action/removal.
- Disciplinary action may result in the indefinite suspension of a Buyer's account, temporary suspension, or a formal warning.
- MBT will consider the circumstances of an alleged policy violation and the Buyer's trading records before taking action and can even suspend the account of the buyer.
- The Buyers release and indemnify MBT and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Buyers on the Website and specifically waive any claims that the Buyers may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, MBT cannot take responsibility or control the information (Comments and Feedbacks) provided by other Buyers which is made available on the Website. The Buyers may find other Buyer's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
- Intellectual Property
- Trademark, Copyright and Restriction
- This site is controlled and operated by MBT and products are sold by MBT. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Buyer’s personal, non-commercial use. The Buyers must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly. The Buyers must also not assist any other person to do so. Without the prior written consent of the MBT, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which The Buyers receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- Intellectual Property Rights (IPR) complaint: In case the buyers feel that an IPR has been infringed, the Buyers can write to MBT at firstname.lastname@example.org with proof.
- Applicable Law
- Buyer shall comply with all the applicable laws
- All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
- All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Buyers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
- Jurisdictional Issues/Sale in India Only
- Unless otherwise specified, the material on the Website/Store is presented solely for the purpose of sale in India. MBT make no representation that materials in the Website 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 MBT is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
- The Buyers herein submits themselves exclusive to the Jurisdiction of the Court of Kolkata alone.
- Disputes (Resolutions) Policy
Overview: Generally, transactions are conducted smoothly on the Website. However there may be some cases where both the Buyers and MBT may face issues. MBT’s Dispute Resolution Process is as follows – When there is a dispute between the Buyers and MBT, both Parties shall make all attempts to mutually and amicable resolve such dispute. Failure to do so shall give the aggrieved Party the right to institute appropriate proceedings under the scope of law.
- What is a 'dispute'? A 'Dispute' can be defined as a disagreement between a Buyer and MBT in connection with a transaction on the Website.
- How does a 'dispute' occur in the Marketplace? a) Disputes are filed as a result of a disagreement between the Buyer and MBT. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue. b) It is important that before a Buyer/MBT raises a dispute, they should attempt to solve the issue.
- How is a 'dispute' created? Whenever there is a disagreement, the Buyer can write to E-mail email@example.com, in order to raise a dispute. Disputes can be raised at a particular transaction level only within 2 working days from the date of delivery of product or the last deadline.
- What are the various types of 'disputes'? Following are the indicative examples of potential disputes: a) Wrong item received b) Item Not as described c) Damaged or Seal broken on Product d) Part/Accessory missing e) Defective (Manufacturing defects) h) Product not working i) MBT claims invalid Invoice j) Payment not received.
- Email Abuse & Threat Policy: a) Private communication, including email correspondence, is not regulated by MBT. MBT encourages its Buyers to be professional, courteous and respectful when communicating by email. b) However, MBT will investigate and can take action on certain types of unwanted emails that violate MBT’s policies. c) Such instances: d) Threats of Bodily Harm - MBT does not permit Buyers to send explicit threats of bodily harm. e) Spoof (Fake) email – MBT will never ask the Buyers to provide sensitive information through email. In case the Buyers receive any spoof (fake) email, the Buyers are requested to report the same to MBT through 'Contact Us' tab. f) Spam (Unsolicited Commercial email) – MBT’s spam policy applies only to unsolicited commercial messages sent by MBT Buyers. MBT Buyers are not allowed to send spam messages to other Buyers.
- Violations of this policy may result in a range of actions, including Account suspension.
- MBT reserves its right to initiate civil and/or criminal proceedings against a Buyer who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, MBT may at its sole discretion suspend, block, restrict, cancel the account of such Buyer. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
- FORCE MAJEURE :
MBT shall be liable for failure of or delay in performing obligations set forth, and MBT shall not be deemed in breach of its obligations, if such failure or delay is due to any event or circumstance beyond MBT’s reasonable control, including fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders, rebellions, revolutions, pandemic situations; provided, however that MBT shall promptly notifies the buyer with the nature and duration of the force majeure event.