Terms and Conditions

1. Introduction and Acceptance

1.1. These Terms and Conditions ("Terms") govern the access to and use of the website www.mithilahosieries.in, including the online store operated thereon (collectively, the "Platform"), and every purchase of Goods effected through it.

1.2. The Platform is owned and operated by Mithila Hosieries, a proprietorship engaged in the manufacture of cotton innerwear, 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").

1.3. Goods and Services Tax Identification Number: 33AMXPM5554C1ZT.

1.4. By accessing the Platform, placing an order, or otherwise availing of any facility offered on the Platform, the User signifies unconditional acceptance of these Terms. A User who does not accept these Terms must refrain from using the Platform.

1.5. These Terms constitute an electronic record within the meaning of the Information Technology Act, 2000 and the rules made thereunder, and are published in accordance with Rule 4 of the Consumer Protection (E-Commerce) Rules, 2020. This document does not require any physical or digital signature.

1.6. The Privacy Policy, the Shipping and Delivery Policy and the Refund, Return and Cancellation Policy form an integral part of these Terms and shall be read as one instrument.

2. Definitions

2.1. "User" means any person who accesses the Platform, whether or not such person places an order.

2.2. "Customer" means a User who places an order for Goods on the Platform.

2.3. "Goods" means the products offered for sale by the Company on the Platform.

2.4. "Order" means an offer made by a Customer to purchase Goods on the Platform.

2.5. "Business Day" means any day from Monday to Saturday, excluding public holidays notified in the State of Tamil Nadu.

3. Eligibility

3.1. The Platform may be used only by persons competent to contract under the Indian Contract Act, 1872. A User must have attained the age of eighteen years, or must act with the consent and under the supervision of a parent or lawful guardian.

3.2. Where a User registers an account, the User shall be responsible for maintaining the confidentiality of the account credentials and shall be liable for all activity effected through the account. The User shall notify the Company forthwith upon becoming aware of any unauthorised use of the account.

3.3. The Company may suspend or terminate an account where these Terms have been breached, or where the Company has reasonable grounds to suspect fraudulent or unlawful activity.

4. Permitted Use of the Platform

4.1. The Platform may be used for the purpose of browsing Goods, placing Orders and communicating with the Company.

4.2. The User shall not:

(a) use the Platform for any unlawful purpose or in contravention of these Terms;

(b) place any Order that is fraudulent, false or speculative;

(c) attempt to obtain unauthorised access to any part of the Platform, its servers or its database;

(d) extract, copy, republish, sell or otherwise exploit any content, image, product description or design element of the Platform by automated means or otherwise;

(e) introduce any virus, trojan, worm or other malicious code into the Platform; or

(f) interfere with the operation of the Platform or with the use of the Platform by any other User.

4.3. The Company reserves the right to restrict or deny access to the Platform to any person who contravenes Clause 4.2.

5. Goods, Descriptions and Images

5.1. The Company endeavours to describe the Goods offered on the Platform with accuracy. The following qualifications apply:

(a) the colour of the Goods as displayed depends upon the display characteristics of the device of the User, and minor variation between the image displayed and the Goods supplied shall not constitute a defect;

(b) measurements stated are approximate, cotton garments being subject to ordinary manufacturing tolerance;

(c) the sizes of the Company range from 45 to 100 and constitute a proprietary size system that is not equivalent to generic small, medium and large designations. Users are advised to consult the size guide published on the Platform; and

(d) certain images published on the Platform have been generated by artificial intelligence, as disclosed in the footer of the Platform. Where an image is illustrative rather than a photographic representation of the specific article supplied, the relevant product page shall so state.

5.2. Goods are offered subject to availability. The publication of Goods on the Platform does not constitute a representation that such Goods are held in stock.

5.3. All Goods offered on the Platform are manufactured in India. The country of origin, the net quantity, the retail sale price inclusive of all taxes, and the name and address of the manufacturer are declared on the packaging of each article and on the relevant product page, in accordance with the Legal Metrology (Packaged Commodities) Rules, 2011 and the Consumer Protection (E-Commerce) Rules, 2020.

6. Prices and Payment

6.1. All prices are stated in Indian Rupees and are inclusive of Goods and Services Tax at the applicable rate. Shipping charges are levied separately in accordance with the Shipping and Delivery Policy and are displayed before payment is authorised.

6.2. The Company may revise prices at any time. The price applicable to an Order shall be the price displayed on the Platform at the time the Order is placed.

6.3. A tax invoice shall be issued in respect of every Order and transmitted to the Customer by electronic mail.

6.4. Payment may be effected by Unified Payments Interface, credit card, debit card, internet banking or wallet through the payment partner of the Company, and by cash on delivery in respect of eligible Orders in accordance with the Shipping and Delivery Policy.

6.5. Payment credentials are collected directly by the payment partner upon its own systems. The Company does not collect, store or have access to any card number, card verification value, Unified Payments Interface personal identification number or internet banking credential.

6.6. Where Goods are published at a price that is manifestly incorrect by reason of technical or clerical error, the Company shall not be bound to supply such Goods at the price so published. The Company shall communicate the correct price to the Customer, and shall cancel the Order and refund all sums paid in full where the Customer does not elect to proceed.

6.7. Where payment is effected by credit card, debit card or any other instrument affording a charge-back facility, the Customer may raise a charge-back request with the issuing bank or card network in accordance with the rules of that bank or network. The Customer is requested to raise the matter with the Company under Clause 17 in the first instance, most disputes being capable of resolution directly and within a shorter period.

6.8. All payment channels employed by the Company are operated by payment partners certified to the Payment Card Industry Data Security Standard and secured by Transport Layer Security encryption.

7. Formation of the Contract

7.1. An Order placed by a Customer constitutes an offer to purchase Goods and does not of itself create a binding contract.

7.2. The order confirmation transmitted by the Company constitutes an acknowledgement of receipt of the Order and does not constitute acceptance of the Order.

7.3. A binding contract shall come into existence upon dispatch of the Goods by the Company, and shall extend only to the Goods actually dispatched.

7.4. The Company may decline or 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, where the particulars furnished by the Customer cannot be verified, or where the Company has reasonable grounds to suspect fraud or abuse. Where the Company cancels an Order, all sums paid by the Customer shall be refunded in full.

8. Delivery, Returns and Refunds

8.1. Delivery is governed by the Shipping and Delivery Policy. Returns, exchanges, cancellations and refunds are governed by the Refund, Return and Cancellation Policy. Both instruments form part of these Terms and should be read by the Customer before an Order is placed.

8.2. The Goods sold by the Company consist of intimate apparel, being a product of a personal and hygienic nature, and are not supplied in a tamper-evident sealed pack. Accordingly, Goods are not eligible for return or exchange once delivery has been effected, and no exchange is available on account of size or preference; Goods that are damaged, defective, incorrect or missing shall be replaced or refunded in full at the cost of the Company.

8.3. Risk in the Goods shall pass to the Customer upon delivery. Title in the Goods shall pass upon receipt by the Company of payment in full.

9. Wholesale and Trade Orders

9.1. These Terms govern retail purchases effected through the online store. Wholesale, distributor and bulk supply are transacted separately through the trade enquiry facility and the partner portal of the Company, upon commercial terms agreed in each case.

9.2. Where the terms applicable to a trade order conflict with these Terms, the terms applicable to the trade order shall prevail in respect of that order.

10. Intellectual Property

10.1. All intellectual property subsisting in the Platform, including the name and mark "Mithila Hosieries", the logo, product photographs, textual content, page design, and the underlying source code, vests in the Company or is licensed to the Company, and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and applicable international conventions.

10.2. A User may view and print pages of the Platform for personal and non-commercial use. No part of the Platform may otherwise be copied, reproduced, republished, sold, transmitted or distributed without the prior written permission of the Company.

10.3. The use of product images or product descriptions of the Company upon any marketplace listing, competing website or other medium constitutes an infringement of the rights of the Company, and the Company shall be entitled to pursue all remedies available in law and in equity in respect thereof.

11. Content Submitted by Users

11.1. Where a User submits a review, comment, photograph or other content to the Platform, the User represents and warrants that such content is original to the User, is truthful, and does not infringe the rights of any person or contain any unlawful, defamatory, obscene or misleading material.

11.2. The User grants to the Company a non-exclusive, royalty free, worldwide licence to use, reproduce, display and distribute such content in connection with the business of the Company.

11.3. The Company may remove any content that contravenes Clause 11.1, without notice and without assigning any reason.

12. Care of the Goods

12.1. The Goods are manufactured from cotton. The Goods should be washed in cold water, dark colours should be washed separately upon first use, bleach should not be applied, and the Goods should be dried in shade.

12.2. Damage occasioned by hot water, bleach, harsh detergent or mechanical drying at high temperature does not constitute a manufacturing defect and is not covered by the Refund, Return and Cancellation Policy.

13. Limitation of Liability

13.1. The Platform is provided on an "as is" and "as available" basis. The Company does not warrant that the Platform shall be uninterrupted, free from error, or free from virus or other harmful component.

13.2. Subject to Clause 13.4, the Company shall not be liable for any indirect, incidental, special or consequential loss, including loss of profit, loss of opportunity, loss of goodwill or loss of data, arising out of the use of the Platform or out of any delay in delivery.

13.3. Subject to Clause 13.4, the aggregate liability of the Company in respect of any Order, whether arising in contract, tort or otherwise, shall not exceed the sum paid by the Customer in respect of that Order.

13.4. Nothing in these Terms shall operate to exclude or limit the liability of the Company for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. The rights conferred upon consumers by the Consumer Protection Act, 2019 are not affected by these Terms.

14. Force Majeure

14.1. The Company shall not be liable for any failure or delay in the performance of its obligations occasioned by any cause beyond its reasonable control, including act of God, flood, fire, earthquake, epidemic, industrial action, civil commotion, act or order of government, failure of a courier partner, or failure of telecommunications or power infrastructure.

15. Indemnity

15.1. The User shall indemnify and keep indemnified the Company, its proprietor, employees and agents against all claims, demands, losses, damages, costs and expenses arising out of any breach by the User of these Terms, any contravention of applicable law by the User, or any infringement by the User of the rights of any third party.

16. Privacy

16.1. The collection, storage, processing and disclosure of personal data by the Company is governed by the Privacy Policy, which forms an integral part of these Terms.

17. Grievance Redressal

17.1. The Company has appointed a Grievance Officer in accordance with Rule 4(5) of the Consumer Protection (E-Commerce) Rules, 2020 and Section 13 of the Digital Personal Data Protection Act, 2023. The particulars of the Grievance Officer are published on the Contact Us page of the Platform.

17.2. 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.

17.3. Nothing in this Clause 17 shall preclude the User from exercising any remedy available under the Consumer Protection Act, 2019, including recourse to the National Consumer Helpline at 1915.

18. Amendment

18.1. The Company may amend these Terms at any time. The version of these Terms published on the Platform at the time an Order is placed shall govern that Order.

18.2. Continued use of the Platform following the publication of an amendment constitutes acceptance of the amended Terms.

19. Governing Law and Jurisdiction

19.1. These Terms are governed by and shall be construed in accordance with the laws of India.

19.2. Subject to the rights conferred upon consumers under the Consumer Protection Act, 2019 to approach a consumer forum having jurisdiction over the place of residence of the consumer, the courts at Tiruppur, Tamil Nadu shall have exclusive jurisdiction in respect of any dispute arising out of or in connection with these Terms.

20. General

20.1. Severability. Where any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force and effect.

20.2. Waiver. The failure of the Company to enforce any provision of these Terms on any occasion shall not constitute a waiver of its right to enforce that provision on any subsequent occasion.

20.3. Entire agreement. These Terms, together with the Privacy Policy, the Shipping and Delivery Policy and the Refund, Return and Cancellation Policy, constitute the entire agreement between the Company and the User in respect of the use of the Platform, and supersede all prior understandings in respect thereof.

20.4. Assignment. The User shall not assign or transfer any right or obligation under these Terms without the prior written consent of the Company.

21. Contact Particulars

21.1. All notices and communications under these Terms 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