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TERMS AND CONDITIONS

By visiting our site and/or purchasing / selling something via us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are buyers, sellers, browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to these Terms, please do not use this Site in any way.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

DESCRIPTION OF SERVICE

Kiasha’s MTL Private Limited has developed and operates an online platform that facilitates a user (“Buyer”) to purchase pre-owned, used and new kids products and merchandise, such as clothing, footwear, toys, accessories and other related products (“Products”) from another user (“Seller”) who has listed its’ Products on the Platform.  Those LOOKING TO SELL  please read this to know further. The term “Services” refers to any services provided by us on the Platform for your use.The Company reserves the right to charge for any or all Services offered by it and to modify the pricing of, add to, or discontinue the Services or any portion thereof with or without prior notice.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

• You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You must not transmit any worms or viruses or any code of a destructive nature.
• A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

LISTING / DE-LISTING

Kiasha’s MTL Private Limited reserves the right to list / de-list / amend listing / extend listing for any product any time without giving any notice / intimation to the buyer or seller. No claims / questions shall be entertained in this regard.

CONFIDENTIALITY

Sellers and Buyers should maintain all confidential /information (contact number / selling price / buying price) strictly and any such information should not be disclosed to any third parties for any purpose whatsoever.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information and complete and accurate address with contact details for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If a non-delivery or late delivery occurs due to a mistake by the Buyer (i.e. wrong or incomplete name, address, contact details, recipient not being available or any other related reason) any extra cost incurred by us for re-delivery shall be claimed from the Buyer.

PAYMENTS

Orders can be processed directly though this web site. All transactions are processed using a secure server. UPI, Sezzle and all major credit/debit cards accepted. Personal cheques, money orders and COD cannot be accepted.

CREDIT CARD DETAILS

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site 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 us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We 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.

FRAUDULENT / DECLINED TRANSACTIONS

We monitor the Customer’s account in order to avoid fraudulent accounts and transactions. Customers with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve 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, We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

PRICING POLICY

We endeavor to provide you with the best prices possible on all Products you buy from us, however, we do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice.

We reserve the right to add approximate shipping charges and collect taxes for shipping charges wherever applicable which are subject to change as per third party terms. Deliveries outside of India will carry customs charges to be borne by the Buyer. Please read SHIPPING & LOGISTICS for further details.

CANCELLATION BY US

Please note that all items offered are subject to availability at the time of ordering. However, should an item be out of stock, there may be short delays in delivery and we will notify you. Also there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our discretion, to refuse or cancel any order for any reason. This may result from insufficient quantities, inaccurate pricing or product information, defects in product quality. 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 account.

CANCELLATIONS BY THE USER

We value building trust between the Buyers and the Sellers. Since we work with Sellers and delivery partners across the country, who go out of their way to get the Product to you in the best condition and in the quickest possible time, orders once placed cannot be cancelled or returned. The Customer may not dispute the decision made by us and accepts our decision regarding cancellation. Please read our details RETURN POLICY  for further details.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Every care has been taken to ensure that descriptions, measurements, colors and prices are correct. However such details are entered directly by the sellers and Kiasha’s MTL Private Limited will not be responsible for any misrepresentation whatsoever.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Please note that most products are preowned and slight tear and tear must be accepted and taken in the stride. Also, there may be some variation in the colour of goods shown on the website due to the limitations of photographic and web processes and we cannot be held responsible for any variations in colour that may arise caused by your browser or computer software.

SITE USE

You cannot access or use the Site for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Kiasha’s MTL Private Limited  cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Also, you agree that no comments or other user submissions submitted by you to the Kiasha’s MTL Private Limited  website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Kiasha’s MTL Private Limited may use and promote services provided by outside third parties. However, even if the third party is affiliated with Kiasha’s MTL Private Limited , we do not control these services and make no representations regarding these persons or entities. We are not liable or responsible for examining or evaluating the accuracy, completeness, timeliness, reliability or availability of, any such parties. Outside sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.

We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any this party website or merchant or operator of such a third party website. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

INTELLECTUAL PROPERTY

All rights, titles and interests, including but not limited to the Intellectual Property Rights, in the product listing and in any and all responses received, shall vest solely and exclusively with Kiasha’s MTL Private Limited at all times. All material submitted in connection with the listing (whether written, audio, electronic or visual form or a combination of those) or any photographs, video and / or film footage and / or audio recordings taken of buyers / seller that are assigned to Kiasha’s MTL Private Limited upon submission, become the property of Kiasha’s MTL Private Limited exclusively. Kiasha’s MTL Private Limited or any person or entity permitted by Kiasha’s MTL Private Limited in this regard shall be entitled to use the responses received or any information in connection with the entry, in any media for future promotional, marketing, publicity and any other purpose, without any permission and / or payment to the buyer / seller.

Kiasha’s MTL Private Limited is not affiliated with any brand displayed on its social platforms (@mythriftloot or @mythriftbabyloot on Instagram or Facebook) or website. Kiasha’s MTL Private Limited is a second-hand market place for Clothes /  Accessories / Shoes etc. All trademarks and product details are the property of their respective brands / companies.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

In connection with all contact, products and services on this site, Kiasha’s MTL Private Limited makes no warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the product by a user is at the user’s risk.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

FORCE MAJEURE

Kiasha’s MTL Private Limited will not be liable for breach of terms & conditions or non-performance (partial or complete) of its obligations or delays or any failure to deliver goods you have ordered or for any damage or defect to goods delivered due to any cause beyond its control and not due to its own negligence and which cannot be overcome by the exercise of due diligence to the extent caused by or arising from prohibition or restriction of law or regulation of any government, fire, flood, storm, weather, strike, lock-out, accident, riot, epidemic, industrial disputes, breakdown of systems, failures or sub-contactor transport or network access or act of god or any other such events.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We apologies for any inconveniences.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

INDEMNITY

By use of this Site, you agree to indemnify and hold Kiasha’s MTL Private Limited  (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these terms of service or any activity related to your account (including negligent or wrongful conduct).

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW AND JURISDICTION

If any dispute arises between you and Kiasha’s MTL Private Limited during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company.

Above terms and conditions shall be governed by the laws of India and courts in the State of Mumbai, India shall have exclusive jurisdiction over matters relating to or arising from these terms & conditions.