Term Conditions - MashClap

MashClap Terms of Use

The domain name www. mashClap.com and the mashClap app on the playstore (herein after referred to as “Website”) is owned by Sachin Arora & Sons (HUF) Uttarakhand (hereinafter referred as “mashClap”).

By placing an order with mashClap (mashClap)", "we", "us" or "our") for products which are sold on the Site ("Products") you will be deemed to have read, understood and agreed to these Terms & Conditions ("T&Cs"). Please read these T&Cs carefully as when you use mashClap.com service, you will be subject to the rules,guidelines,policies , terms and conditions applicable to such service. By mere use of this website you will be contracting with Sachin Arora & sons

We amend these T&Cs from time to time. Please check the top of this page to see when these T&Cs were last updated. Every time you order Products from us, the T&Cs in force at the time of your order will apply to the contract between you and us. If we have to revise these T&Cs and this has a material impact on your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the contract if you are not happy with the changes.

1. About mashClap

This Site is operational in India and all sales on the Site are made by mashClap an (HUF) registered in Uttarakhand.You have chosen to visit the Site in India in order to purchase our Products. As a consequence, irrespective of your place of residence, any purchase you make will occur in India and will be governed by these T&Cs and laws of the Government of India. Any use of currencies other than INR are purely for your ease of reference.

2. Other policies

The following additional policies (which can be accessed by clicking on the links below) also form part of these T&Cs and should be read carefully before placing an order:

PrivacyPolicy

ReturnPolicy

3. Eligibility

In order to make a purchase through the Site or to use the services or features made available to you on the Site you will be required to register . When you register, you will be required to provide information about yourself including, but not limited to, your name, telephone number and e-mail address, which is true, accurate, current and complete in all respects. Should any of your registration information change in future you are required to amend your personal online account immediately. We may change registration requirements from time to time. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

The purchase of Products through the Site is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with law.

4. Pricing policy

We have taken great care in the preparation of the content of this Site, in particular to ensure that the details, descriptions and prices quoted are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the Products or the prices as advertised on this Site. All prices are displayed including GST and exclusive of delivery charges. The total cost of your order is the price of the Products ordered plus GST at the current rate and plus the delivery charges as set out during the checkout process. We do not charge your credit or debit card until we dispatch your order. Items in your online Shopping Cart will reflect the most recent price displayed on the Product's detail page.

5. Availability

All Products are subject to availability. Validly stated prices on our Site remain in effect for so long as the Products are available or as otherwise stated on our Site. We will inform you as soon as possible if the Products you have ordered are not available.

6. Online ordering process

The ordering process consists of following steps: you add the Products which you wish to purchase to your shopping cart; you select your preferred delivery method; You provide an address for delivery, a billing address, and any requested payment information; you will be asked to read carefully and then accept the T&Cs; before submitting your order you will have a final opportunity to review the Products to be purchased and their prices (including any additional charges and fees such as delivery costs) and all of the information you have submitted; and

you will click 'Submit' to finalise your order.

7. Ordering errors

You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process.

8. Pre-ordering

No payment is taken for pre-ordered items until they have been dispatched from our warehouse. We aim to dispatch all pre-ordered items as soon as they become available for shipping. Dispatch dates can be subject to change. Delivery dates will depend on the delivery method chosen at the time of purchase.

9. Back orders

Some items will be available for back order when they are out of stock and we are expecting new stock to arrive very soon to our warehouse. No payment is taken for back-ordered items until they have been dispatched from our warehouse. We aim to dispatch all back-ordered items as soon as they become available for shipping. Dispatch dates are subject to change. Delivery dates will depend on the shipping method chosen at the time of purchase.

10. Acknowledgement and acceptance of your order We will notify you by e-mail /Whatsapp as soon as possible to acknowledge receipt of your order and to provide you with an order number. If we are unable to fulfil your order following this acknowledgement, we will contact you by e-mail or telephone advising you of this. We will confirm acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation"). A legally binding contract between us will be formed when we send you the Dispatch Confirmation (or, in the unlikely event that a Dispatch Confirmation is not sent due to a processing error, when we dispatch the Products to you) ("Contract"). If you require any information concerning your order please e-mail us at contact at support@mashclap.com or call us during business hours, quoting your order number. We may not accept your order if a Product you have ordered is out of stock, if we have identified a Product or pricing error, or if we are unable to obtain authorisation for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.

11. Delivery

Deliveries can be made nationwide. As all our parcels require a signature upon delivery, we are unable to deliver to PO Box addresses. If you have a question about delivery we will advise you to call our Customer Services team during business hours. We will deliver the merchandise in accordance with the delivery option selected by you. Please view our delivery options below for full details and terms. Orders to one address may be delivered in one or more deliveries; however, you will incur only one delivery charge. If you have specified delivery to more than one address when placing your order, there is a separate charge for each destination address. Any delivery timescales are indicative only. We are not responsible for delivery delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Upon delivery of the Products to you, we will provide you with sufficient information to enable you to exercise your statutory right of cancellation and to address any intended cancellation to the correct addressee or to return or exchange your Products. For further information, please see the Your cancellation right and the Your other statutory rights to return Products under the applicable laws in India.

You may select complimentary samples with every order placed. If there is a particular product you'd like to try, call our Customer Services team and we will do our best to help.

Offer available till stocks last. MashClap reserves the right to substitute samples or withdraw this offer at any time. Standard delivery service is available for most addresses within India. In the event of adverse weather conditions there may be some delays to the delivery of your order. During Sale periods and promotional offers delivery may take longer.

12. Inspection

You should inspect the Products upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us otherwise and return the Products in accordance with your cancellation rights or other statutory rights (as referred to below).

13. Payment

Payment can be made through any of the methods mentioned on the site, Payment will be debited and cleared from your account at the point at which your order is dispatched.

We retain the legal ownership of all Products until full payment has been made by you and received by us and legal ownership of the Products will immediately transfer back to us if we refund any payment for the Products to you. Risk in the Products transfers to you upon delivery.

Please refer to our Privacy Policy for further information regarding secure payment and internet fraud.

14. Cancellation, Refunds & Returns

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

15. Sale

All sale and promotional items have been displayed and available to buy at the original, higher price for at least 28 days online before being reduced to the reduced price stated either on the Site. Some items within the sale are promotional, therefore the prices of these items are subject to change and may increase after the sale period. Standard Indian delivery of Sale purchases may take up to 7-10 working days. Sale items may take longer to arrive due to the volume of orders placed during our sale period. Please note that while all products remain in pristine condition, due to the nature of the sale some external packaging may appear slightly worn. Sale items cannot be gift wrapped. Please note that an item could go out of stock during checkout and your purchase is only confirmed once dispatched.

16. Competitions and prizes

These rules apply to all prize promotions including free draws, prize competitions and instant win offers. From time to time mashClap will run competitions, free prize draws and promotions on this Site. These may be subject to additional terms that will be made available at the time. Prize draws are open to all residents of the India, except employees of mashClap, the promoter and their immediate families and anyone else connected with the creation and administration of the promotion.

Prizes are non-transferable, non-negotiable and no cash alternatives will be offered. mashclap reserves the right to substitute the prize for another prize of equal value. No purchase necessary to enter the competitions unless otherwise stated on the

promotional activity with a specific competition.

By entering the prize draw, the entrant agrees to be bound by the rules and by any other requirements set out in the promotional material accompanying the promotion.

By entering the promotion, the entrant agrees to the terms of our Privacy Policy. Winners will be notified by e-mail within 1 month of the end of the promotion. Winners have 5 business/working days to respond in full to the e-mail or another winner will be drawn.

By entering the promotion, the winner(s) consent to any publicity generated as a result of the promotion, and use on websites, magazines or mobile services at any time.

The Site Editor's decision is final and no correspondence will be entered into. Odds of winning depend on the number of eligible entries received.

Only 1 entry per person. Spammers will be disqualified. mashClap will not accept responsibility for loss through technical fault or incomplete, illegible or other damaged entries. Proof of entry is not automatically proof of receipt.

17. Supply of Products only for Domestic use We only supply Products for domestic and private use. You agree not to use the Products

for any commercial, business or resale purposes. We have no liability to you for any loss

of profit, loss of business, business interruption, or loss of business

opportunity.Moreover the images of the products displayed on the website are only

displayed with the purpose to resell and the integrity and the right of the brands in this

context is maintained without any variations.

18. Questions and complaints

If you have any questions about these T&Cs or if you wish to contact us to complain

about any matter in regard to the Products, please e-mail us or write to our Customer

Services team by mail at: support@mashclap.com

19. Transfer of rights

We may transfer our rights and obligations under these T&Cs to another organisation

and we will always notify you in writing if this happens (but this will not affect your rights

or our obligations under these T&Cs). You may only transfer your rights or your

obligations under these T&Cs to another person if we agree in writing.

(Please note: We do not guarantee the usage of the product for the purposes you

may have purchased it from www.MashClap.com We highly recommend that before

using any cosmetic products it is advisable to consult your skin

specialist/dermatologist or any competent medical expert about the suitability of the

said product on your skin/hair. We do not assume any responsibility about any

adverse medical condition if the product is used without verifying with your medical

expert. Any claim with regard any reaction or damage due to usage of any product

shall be directly made to the respective manufacturing company.

We are not responsible for examining or evaluating, and we do not warranty the

offerings of any of these products which are offered for sale on www.MashClap.com

does not assume any responsibility or liability for the actions, product, and content of

all these and any other third parties. You should carefully review their statements,

ingredients, and other conditions of use)

20. REPRESENTATIONS AND WARRANTIES

This Site is provided to you "AS IS". We make no representations regarding the use of or

the result of the use/depiction of the Contents on the Site in terms of their correctness,

accuracy, reliability, or otherwise. mashClap shall not be liable for any loss suffered in

any manner by the user as a result of depending directly or indirectly on the depiction of

the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use.

Your uninterrupted access or use of this Site on this basis may be prevented by certain

factors outside our reasonable control including, without limitation, the unavailability,

inoperability or interruption of the internet or other telecommunications services or as a

result of any maintenance or other service work carried out on this Site.

mashClap shall have the right, at any time, to change or discontinue any aspect or

feature of the Site, including, but not limited to, content, hours of availability and

equipment needed for access or use. Further, the Site may discontinue disseminating any

portion of information or category of information. mashClap does not accept any

responsibility and will not be liable for any loss or damage whatsoever arising out of or in

connection with any ability/inability to access or to use the Site.

mashClap through the Site intends to provide its users with general information about

beauty and healthcare topics and products. The Site encourages its users to interact with

MashClap and its employees by asking questions that enables the user to obtain

information of a general nature pertaining to beauty and healthcare topics. The postings

on the Site or on social networking sites, including the Site’s Facebook page or any other

social media , or any information provided over chat or e-mails exchanged with

mashClap, its employees or representatives (collectively referred to as "Information")

which are in furtherance of any communication made by the user with MashClap, its

employees or representatives is based on the background provided by the user. The

Information is not intended to constitute personal medical suggestion or be used for any

medical diagnosis or treatment. While MashClap takes reasonable care to ensure that

the Information is accurate, MashClap makes no representation and takes no

responsibility for the accuracy, completeness, appropriateness or usefulness of the

Information. For any specific medical conditions or issues, users are advised to seek

opinion from a certified medical practitioner. In the event any user relies on the

Information provided by mashClap or its representatives/ employees, he/she may do so

at its own risk. Under no circumstances will mashClap, its employees, representative or

affiliates be liable for the Information or the consequences of relying on such

Information.

For any general information posted on the Site, users must not infer or assume that such

information necessarily applies to them.

21. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES,

AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR

WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN

CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE

CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF

MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR

PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES

ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,

NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR

LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT

(INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR

ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS

INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT,

MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS

OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE

PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES

OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF

THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES;

(f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE

REASONABLE CONTROL OF MASHCLAP. WE MAKE NO REPRESENTATIONS OR

WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR

SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY

INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF

ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE

THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT

(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM

AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE

USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU

MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH

CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED

WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY.

WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

22. Law, jurisdiction and language

This Site, any content contained herein and any contracts entered into as a result of

usage of this Site are governed by Indian law. The parties to any such contract agree to

submit to the exclusive jurisdiction of the courts of India. All contracts are concluded in

English.

23. ENTIRE AGREEMENT

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant

to applicable law including, but not limited to, the warranty disclaimers and liability

limitations set forth above, then the invalid or unenforceable provision will be deemed to

be superseded by a valid, enforceable provision that most closely matches the intent of

the original provision and the remainder of the Terms of Use shall continue to be in

effect. Unless otherwise specified herein, these Terms of Use constitutes the entire

agreement between you and MashClap with respect to the Site/services and it

supersedes all prior or contemporaneous communications and proposals, whether

electronic, oral or written.

mashClap”s failure to act with respect to a breach by you or others does not waive its

right to act with respect to the breach or subsequent and similar breaches.