1. Introduction and Scope
1.1. This Refund, Return and Cancellation Policy ("Policy") is issued by Mithila Hosieries, having its principal place of business at 46.A(6) Kumaran Colony Extension, Rakkiyapalayam Road, Ammapalayam, Tiruppur, Tamil Nadu 641652, India ("Company", "we", "us" or "our").
1.2. This Policy governs the return, exchange, cancellation and refund of Goods purchased through the online store operated at www.mithilahosieries.in ("Platform"). It forms an integral part of the Terms and Conditions of the Platform and shall be read together with the Shipping and Delivery Policy.
1.3. The Goods sold by the Company consist of intimate apparel. Intimate apparel constitutes a product of a personal and hygienic nature which, once it has left the possession of the Company and been delivered to the Customer, cannot be inspected, sanitised, restocked or lawfully resold. The Goods are not supplied in a tamper-evident sealed pack, and the Company is accordingly unable to satisfy itself that Goods offered for return are unused. The provisions of this Policy proceed from those characteristics.
1.4. By placing an order on the Platform, the Customer acknowledges having read and accepted this Policy in its entirety.
1.5. For the convenience of the Customer, the principal terms of this Policy are summarised below. This summary does not derogate from the detailed provisions that follow:
(a) Goods that have been delivered are not eligible for return or exchange on any ground other than those specified in Clause 5, and no exchange is available on account of size or preference;
(b) Goods that are damaged, defective, incorrect or missing shall be replaced or refunded in full at the cost of the Company; and
(c) an order may be cancelled without charge at any time prior to dispatch.
2. Definitions
2.1. "Customer" means the person who places an order for Goods on the Platform.
2.2. "Goods" means the products supplied by the Company through the Platform.
2.3. "Delivery Date" means the date on which delivery of the consignment is recorded by the courier partner.
2.4. "COD Advance" has the meaning assigned in Clause 7.2.
2.5. "Business Day" means any day from Monday to Saturday, excluding public holidays notified in the State of Tamil Nadu.
3. Goods Not Eligible for Return or Exchange
3.1. Save as provided in Clause 5, the following Goods shall not be eligible for return, exchange or refund upon delivery:
(a) all Goods, once delivery has been effected, whether or not the Goods have been worn, tried on or removed from their packaging;
(b) any Goods sold as clearance stock or on a final sale basis, where such designation was displayed on the relevant product page at the time of purchase;
(c) any promotional item, sample or complimentary article supplied with an order; and
(d) any Goods in respect of which a claim is first communicated to the Company after the expiry of seven days from the Delivery Date.
3.2. The exclusions in Clause 3.1 are founded upon considerations of hygiene and public health applicable to intimate apparel, upon the absence of a tamper-evident seal, and upon the impossibility of resale. They do not operate to exclude or limit the liability of the Company in respect of Goods that are defective, deficient or not as described, in respect of which Clause 5 shall apply.
4. No Exchange on Account of Size or Preference
4.1. The Company does not offer exchange or return of Goods on account of an incorrect size, a change of mind or any other matter of preference on the part of the Customer. This Clause 4 is subject to Clause 5, which is unaffected.
4.2. The sizes of the Company are stated as a waist measurement in centimetres and range from 45 to 100. They are not equivalent to generic small, medium and large designations. A size chart is published on every product page and at the size guide. Customers are requested to measure and to consult that chart before placing an order.
4.3. Where a Customer is uncertain as to size, the Company will advise before an order is placed. Enquiries may be sent by electronic mail to mithilahosieries@gmail.com or by WhatsApp to +91 88073 64519.
5. Damaged, Defective, Incorrect or Missing Goods
5.1. The exclusions in Clause 3 shall not apply to a claim under this Clause 5.
5.2. The Customer shall be entitled, at the election of the Customer, to a full refund or to replacement of the Goods free of charge, where:
(a) the Goods are delivered in a torn, stained or damaged condition, or with a manufacturing defect;
(b) the product, size or colour delivered differs from that ordered;
(c) an item recorded on the invoice is absent from the consignment;
(d) the consignment is delivered in a visibly opened or tampered condition; or
(e) the consignment is lost in transit and is not delivered.
5.3. A claim under this Clause 5 shall be communicated to the Company within seven days of the Delivery Date, by electronic mail to mithilahosieries@gmail.com or by WhatsApp to +91 88073 64519, and shall be accompanied by:
(a) the order number;
(b) photographs of the Goods clearly depicting the defect or discrepancy;
(c) a photograph of the shipping label affixed to the outer packaging; and
(d) in the case of a claim under Clause 5.2(c), a photograph of the entire contents of the consignment as received.
5.4. Customers are advised, though not required, to record the opening of the consignment. Such a recording is ordinarily conclusive of a claim under Clause 5.2(a), 5.2(c) or 5.2(d).
5.5. The Company shall respond to a claim under this Clause 5 within two Business Days. Where a claim is admitted, the refund or replacement shall be effected at no cost to the Customer, and the Company shall arrange and bear the cost of collection of the Goods.
5.6. Nothing in this Policy shall operate to exclude, restrict or limit any right conferred upon the Customer by the Consumer Protection Act, 2019 in respect of Goods that are defective or not as described.
6. Cancellation of Orders
6.1. Cancellation prior to dispatch. The Customer may cancel an order, for any reason and without charge, at any time before the consignment is handed over to the courier partner. Notice of cancellation shall be given to the Company quoting the order number. The Company shall refund all sums paid by the Customer, including any shipping charge and any COD Advance.
6.2. Orders are ordinarily dispatched within one to two Business Days of confirmation of payment. Notice of cancellation should accordingly be given without delay.
6.3. Cancellation after dispatch. A consignment that has been handed over to the courier partner cannot be recalled. The Customer may:
(a) decline to accept the consignment upon delivery, in which event it shall be returned to the Company and the Company shall refund the value of the Goods but not the carriage already incurred, subject in the case of a cash on delivery order to Clause 7; or
(b) accept the consignment, in which event the Goods are not thereafter returnable save under Clause 5.
6.4. Cancellation by the Company. The Company may cancel an order, whether before or after payment, where the Goods are unavailable, where the price or description was published in error, where the delivery address falls outside the serviceable area of the courier partner, or where the Company has reasonable grounds to suspect fraud or abuse. The Company shall communicate the reason for cancellation and shall refund all sums paid by the Customer in full, including any COD Advance.
7. Cash on Delivery Orders and the COD Advance
7.1. The cash on delivery facility is available in respect of eligible orders and serviceable postal codes, at the discretion of the Company.
7.2. An order placed under the cash on delivery facility requires payment of an advance sum online at the time of checkout (the "COD Advance"). The balance of the order value is payable in cash to the courier partner upon delivery.
7.3. The COD Advance is not a deposit against the price of the Goods. It represents a charge in respect of costs irrevocably committed by the Company upon dispatch of a cash on delivery consignment, namely:
(a) forward carriage to the delivery address;
(b) return carriage, in the event the consignment is returned to the Company; and
(c) payment processing, packing and handling.
7.4. The amount of the COD Advance is determined by reference to the weight of the order and shall be displayed to the Customer at checkout before payment is authorised. The COD Advance presently ranges from ₹129 to ₹279 per order, the applicable rates being set out in Clause 7.3 of the Shipping and Delivery Policy.
7.5. The COD Advance shall be adjusted against the total value of the order. The Customer shall pay only the balance upon delivery, and an order placed under the cash on delivery facility shall not in any event cost more than the price displayed on the Platform together with the applicable shipping charge.
7.6. Forfeiture of the COD Advance. The COD Advance shall be retained by the Company where delivery fails for a cause attributable to the Customer, including where:
(a) the Customer declines to accept the consignment upon delivery;
(b) the Customer fails to tender the balance sum to the courier partner;
(c) neither the Customer nor any person at the delivery address can be contacted during the delivery attempts made by the courier partner;
(d) the delivery address or telephone number furnished by the Customer is incorrect, incomplete or unreachable; or
(e) the Customer requests return of the consignment after dispatch.
7.7. In any circumstance falling within Clause 7.6, the balance of the order value shall not be payable by the Customer, no sum beyond the COD Advance shall be charged, and no further liability shall attach to the Customer.
7.8. Refund of the COD Advance. The COD Advance shall be refunded in full where delivery fails for a cause not attributable to the Customer, including where:
(a) the consignment is lost, or is delivered in a damaged or tampered condition;
(b) the consignment is returned by the courier partner without a genuine attempt at delivery having been made, or by reason of error on the part of the courier partner;
(c) the postal code is found to be unserviceable after the order has been accepted;
(d) the Company cancels the order on any ground; or
(e) the Customer cancels the order prior to dispatch.
7.9. Where the Customer disputes a record of failed delivery, the Company shall obtain from the courier partner the record of delivery attempts, including timestamps, call logs and location data. Where such record does not evidence a genuine attempt at delivery, the COD Advance shall be refunded without requiring further proof from the Customer.
8. Manner and Timeline of Refunds
8.1. Refunds shall be effected as follows:
| Mode of original payment | Mode of refund | Timeline |
|---|---|---|
| Unified Payments Interface, credit card, debit card, internet banking or wallet | The same account, card or instrument from which payment was made | Initiated within three Business Days of admission of the claim; credited within five to seven Business Days thereafter |
| COD Advance | The same account, card or instrument from which payment was made | Initiated within three Business Days of admission of the claim; credited within five to seven Business Days thereafter |
| Cash tendered upon delivery | Electronic transfer to a bank account held in the name of the Customer | Within seven Business Days of receipt of the account particulars from the Customer |
8.2. Refunds shall in all cases be credited to the original mode of payment, as required by the directions of the Reserve Bank of India and by the terms of the Company's payment partners. The Company shall not redirect a refund to a different card, a different Unified Payments Interface identifier, or an account held by a third party.
8.3. Upon initiation of a refund, the period required for the sum to be credited is determined by the issuing bank or card network and lies outside the control of the Company. The Company shall furnish the refund reference number to the Customer. Where a refund has not been credited within ten Business Days of initiation, the Customer may communicate the reference number to the Company, whereupon the Company shall pursue the matter with the payment partner.
8.4. A refund in respect of Goods returned under Clause 4 shall be processed after the Goods have been received by the Company and have passed inspection under Clause 4.6, and not upon their consignment to the courier partner by the Customer.
9. Misuse
9.1. The Company reserves the right to decline to supply Goods, to withdraw the cash on delivery facility, or to refuse a return or exchange, where there exists a demonstrable pattern of abuse, including repeated refusal of consignments, repeated claims of damage unsupported by the photographic evidence furnished, or the presentation of used Goods as damaged or defective.
9.2. Before exercising any right under Clause 9.1, the Company shall communicate its reasons to the Customer in writing. The exercise of such right shall not affect the obligation of the Company to refund any sum properly due to the Customer.
10. Grievance Redressal
10.1. A Customer having a grievance in relation to this Policy may communicate the same to the Company at the particulars set out in Clause 11.
10.2. Where a grievance is not resolved to the satisfaction of the Customer, it may be referred to the Grievance Officer appointed by the Company, whose particulars are published on the Contact Us page of the Platform. Every grievance shall be acknowledged within forty eight hours of receipt and disposed of within one month of receipt, as required by Rule 4(6) of the Consumer Protection (E-Commerce) Rules, 2020.
10.3. Nothing in this Clause 10 shall preclude the Customer from exercising any remedy available under the Consumer Protection Act, 2019, including recourse to the National Consumer Helpline at 1915.
11. Contact Particulars
11.1. All notices, claims and requests under this Policy shall be addressed to:
Mithila Hosieries
46.A(6) Kumaran Colony Extension
Rakkiyapalayam Road, Ammapalayam
Tiruppur, Tamil Nadu 641652, India
Email: mithilahosieries@gmail.com
WhatsApp: +91 88073 64519
Hours of business: Monday to Saturday, 9:30 a.m. to 6:30 p.m. Indian Standard Time
11.2. The Company shall respond to every communication within two Business Days.
12. Amendment and Governing Law
12.1. The Company may amend this Policy from time to time. The version of this Policy published on the Platform at the time an order is placed shall govern that order.
12.2. This Policy is governed by and construed in accordance with the laws of India. Subject to the rights conferred upon consumers under the Consumer Protection Act, 2019, the courts at Tiruppur, Tamil Nadu shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with this Policy.