Terms of service
1. Introduction:
The domain http://www.studiomaisonmalabar.in, including all related web pages (the "Website"), is the official site of Meghna Bhimrajka Living ("Maison Malabar," "we," "us," or "our"), with its principal office located at 184-B, MAKER TOWER E, G D SOMANI ROAD, COLABA, CUFFE PARADE, MUMBAI, 400005 . Through this Website, we offer original products, including but not limited to home décor, furniture, textiles, accessories, and unique items sourced and curated from various designers and artisans.
Your access to and use of the Website are governed by these Terms and Conditions ("Terms"), as well as Maison Malabar's 'Privacy Policy,' 'Order Policy,' 'Shipping and Delivery Policy,' 'Returns and Exchanges Policy,' 'Payment Options,' and any other policies that may be introduced by us from time to time.
2. Acceptance of Terms:
These Terms shall be effective immediately upon accessing the Website.
The Website is available only to individuals who can legally enter into binding contracts under the laws of Indian Contract Act, 1872. Individuals who are deemed "incompetent to contract" under the applicable laws, such as those under the age of 18 or undischarged insolvent, are prohibited from using the Website, purchasing products, or entering into any contract with Maison Malabar. Additionally, the Website is not available to anyone whose access has been suspended or terminated by Maison Malabar for any reason.
By using the Website or purchasing products from Maison Malabar via any device (including computers, mobile phones, or tablets), you acknowledge that you have read, understood, and accepted these Terms, along with all related policies, and agree to be bound by them in full.
Unless otherwise specified, where product-specific terms and conditions apply, these Terms supersede any prior representations, agreements, or understandings.
For any queries, suggestions, or concerns regarding these Terms or our policies, please reach out to us at info@studiomaisonmalabar.in
3. Privacy Policy and Other Policies:
By accessing the Maison Malabar Website or providing information on it, you grant Maison Malabar permission to use your personal and sensitive information (“Information”) in accordance with our policies. This Information includes, but is not limited to, data provided during registration, the purchase process, feedback submissions, blog interactions, email communications, or any written correspondence submitted to our stores or offices. We will safeguard your Information as outlined in our Privacy Policy.
By using the Website or purchasing products via any device (including mobile phones or tablets), you confirm that you have read and understood our Privacy Policy and consent to its terms in full. Additionally, you agree to be legally bound by Maison Malabar’s 'Purchase Order Policy,' 'Shipping and Delivery Policy,' 'Returns and Exchanges Policy,' 'Payment Options,' and any other policies that may be introduced from time to time.
Maison Malabar reserves the right to modify or update these Terms and any related policies at any time without prior notice. Continued use of the Website following any changes constitutes your acceptance of the modified Terms and policies. These updates will apply to all transactions, including those made prior to the modifications, if required by applicable laws.
You acknowledge that these Terms, along with any policies (including future modifications), constitute a valid and enforceable contract between you and Maison Malabar, even in electronic form without physical signatures. Your use of the Website signifies your agreement to be bound by these Terms and policies.
If any court of law deems a particular clause or portion of these Terms or policies invalid, void, or unenforceable, such determination will apply only to the specific clause or portion in question, and only to the extent required. The remainder of the Terms and policies will remain in full force and effect, interpreted to best reflect the original intent of the excluded provision.
Unless otherwise specified, all policies—whether currently in force or introduced later—are considered part of these Terms. In case of any conflict between the Terms and a policy, the provisions of the policy will prevail.
4. Limited Usage of Website:
All intellectual property rights and proprietary rights related to the Maison Malabar Website are owned by or licensed to Maison Malabar. This includes all content on the Website, such as software, images, audio, videos, photographs, graphics, text, descriptions, logos, programs, databases, trademarks, and icons. You may not use any intellectual property belonging to Maison Malabar or its licensors without prior written permission from Maison Malabar or the respective licensor.
Maison Malabar grants you a limited, revocable, non-exclusive license to access and make personal, non-commercial use of this Website. However, this license does not permit you to download (except for page caching) or modify the Website, or any portion of it. The limited license specifically excludes:
- Any commercial use or derivative use of the Website or its contents by you.
- Any extraction, reproduction, duplication, downloading, or copying of any content from the Website, including product descriptions and/or prices, for any purpose.
- Any extraction, reproduction, duplication, downloading, or copying of Information, in whole or in part, including account details of Maison Malabar’s employees, customers, suppliers, designers, or models, for sale, resale, or for the benefit of third parties.
- Any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display, or licensing of any Information available on the Website.
Furthermore, unauthorized extraction, reproduction, duplication, downloading, or copying of any Website content for commercial or non-commercial purposes, or unwarranted modification of Website content or Information, is strictly prohibited.
Maison Malabar reserves the right to temporarily or permanently suspend or terminate your access to the Website, without liability, if you engage in unauthorized use of the Website, breach these Terms or any policies, or violate any applicable laws.
5. Access to Website:
The Maison Malabar Website, including any features or services offered, may be temporarily unavailable from time to time due to various reasons, such as upgrades, introduction of new products, repairs, maintenance, or other technical reasons. Maison Malabar makes no guarantees regarding the continuous availability of the Website.
Under no circumstances shall Maison Malabar be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages resulting from:
- Your use of, inability to use, or delays in accessing the Website.
- Unauthorized access to or alteration of your data or transmissions.
- Any other issue, including but not limited to damages for loss of use, data, or profits, arising out of or in connection with the use or performance of the Website.
- The provision of or failure to provide access to the Website or any products or information available through the Website.
- Periodic maintenance or any unplanned suspension of Website access due to technical issues, governmental directives, or any circumstances beyond Maison Malabar’s control.
Interruptions in Website availability will not entitle you to cancel any subscription or purchase order, request full or partial refunds, or demand reductions in future payments.
6. Changes to Website Contents:
Maison Malabar, along with its consultants, contractors, and technology partners, makes no representations or warranties regarding the accuracy, reliability, suitability, timeliness, completeness, or upgradation of any content, graphics, images, information, software, text, audio, video, links, or communications provided through the Website. We also do not guarantee that the operation of the Website will be error-free. While Maison Malabar makes reasonable efforts to ensure that the Website remains accessible and free from errors, we cannot guarantee this at all times.
Changes may be made periodically to the Website, its products, prices, and the information or content provided on it. Maison Malabar, along with its suppliers, reserves the right to make improvements and/or changes to the Website and its products at any time without prior notice or liability to any user.
7. User Account, Password, Security, and Communication:
When registering an account or placing an order as a guest, you are responsible for ensuring the accuracy and completeness of the information you provide. Registered users should keep their account details updated to help us serve you better.
If you are registering on behalf of a business entity (such as a limited company, partnership, trust, etc.), you represent that you have the authority to bind that entity to these Terms.
You agree not to provide false or misleading information about yourself or anyone else, and you will not impersonate or misrepresent your affiliation with any person or entity.
You are solely responsible for maintaining the confidentiality of your account details and password, and for all activities that occur under your account. Maison Malabar is not liable for any loss or damage arising from your failure to maintain the confidentiality of your account details. Please ensure you sign out of your account at the end of each session.
If you become aware of or suspect any unauthorized use of your account or password, you must notify Maison Malabar immediately. Maison Malabar reserves the right to either ask you to change your password or suspend your account without liability if we suspect unauthorized access or misuse of the Website.
Maison Malabar will never ask you to disclose your password. If you receive any such request, please disregard it and report it to us immediately.
8. Review, Comments, Feedback, etc.:
Maison Malabar welcomes your feedback, suggestions, ideas, and other submissions (collectively referred to as "Views") on the Website, via letters, or by email, provided these submissions comply with Indian laws and the terms outlined herein.
Please note that Views expressed about the content of the Website or products are individual opinions based on the visitor’s personal knowledge or experience. These Views are personal and do not reflect the opinions or positions of Maison Malabar. Maison Malabar does not endorse or take responsibility for these Views.
If you submit Views that violate Indian laws or contradict these Terms, Maison Malabar reserves the right, at its sole discretion and without liability or prior notice, to remove, edit, or refuse to retain any such View. Maison Malabar may also suspend or deny your access to the Website if deemed necessary.
By submitting your Views on the Website, or through emails or letters, you agree to the following:
- All submitted Views become the property of Maison Malabar, and Maison Malabar retains irrevocable, perpetual, and worldwide intellectual property rights over them. This means Maison Malabar has exclusive, royalty-free, and fully sub-licensable rights to use and commercially exploit the Views.
- Maison Malabar has the right to display, distribute, reproduce, modify, adapt, publish, translate, create derivative works, and disclose the Views worldwide in any media and for any purpose, without any restriction and without any obligation to compensate you.
- Maison Malabar and its affiliates, consultants, and partners may, at their discretion, use the name you submit in connection with your Views.
- You waive any rights to be identified as the author of the Views.
You further represent and warrant that the Views you submit are your own, comply with all applicable Indian laws, and do not harm or defame any individual or entity.
You also agree to indemnify Maison Malabar, its associates, consultants, and contracted parties against any claims arising from the posting of Views in breach of these Terms, including violations of your representations and warranties or any applicable Indian laws.
9. Your Obligations:
By using the Maison Malabar Website, you agree to the following terms:
1. Compliance with Intellectual Property Rights: You will respect all intellectual property rights, notices, and restrictions associated with any products or Website content.
2. Lawful Use of Products: You agree to use products purchased from Maison Malabar, its affiliates, or contractors solely for lawful purposes and in compliance with all applicable Indian laws.
3. Supervision of Minors: You are responsible for monitoring and restricting the use of the Website by minors. If a minor accesses the Website, including placing orders using your credit or debit card, you accept full responsibility for such actions. A minor refers to anyone under the age of 18.
4. Prohibited Actions: You agree not to directly or indirectly:
- Violate any applicable Indian laws or these Terms while using the Website or purchasing products.
- Use a false identity or act on behalf of anyone other than yourself.
- Use the Website or products for commercial purposes, such as advertising, solicitation, or reselling.
- Represent Maison Malabar or its products in an offensive, defamatory, or false manner.
- Engage in actions that harm the reputation or goodwill of Maison Malabar, its partners, suppliers, or designers.
- Attempt to gain unauthorized access to the Website or interfere with another user’s enjoyment of the Website.
- Create or submit any unlawful, offensive, or inappropriate content that violates Indian laws or infringes on others' rights.
- Send unsolicited or unauthorized advertising or promotional materials on behalf of Maison Malabar, including spam or chain letters.
- Harass, harm, defame, or otherwise cause distress to any individual while using the Website or purchasing products.
- Collect or use any data or information, whether personally identifiable or not, posted by or concerning other users of the Website.
- Violate the intellectual property rights of Maison Malabar, its licensors, affiliates, or any third party.
- Use automated systems like bots or spiders to access or interfere with the Website’s operations.
- Misrepresent your association with Maison Malabar or imply any affiliation beyond being a Website user or product purchaser.
- Transmit any malicious software designed to disrupt or harm the Website or its users.
- Remove, alter, or bypass any content protection or access control mechanisms associated with the Website.
Maison Malabar reserves the right to restrict or prevent access to the Website if any of these prohibited actions are violated.
10. Hyperlinks:
Subject to these Terms, Maison Malabar grants you a revocable, non-exclusive right to create a hyperlink to the Homepage of the Website. The Website may include links to other websites ("Linked Sites"). Please note that these Linked Sites are not under the control of Maison Malabar, and we are not responsible for their content, including any links contained within Linked Sites, or any changes to their terms of use or privacy policies. The inclusion of Linked Sites on our Website does not imply endorsement by Maison Malabar of those sites or any association with their operators, unless expressly stated.
11. Waiver:
If you breach these Terms or any associated policies and we take no action, we retain the right to exercise our rights and remedies in any future situations where you violate these Terms or policies. Maison Malabar shall not be deemed to have waived any rights or remedies available to it under law, equity, or these Terms unless such waiver is expressly stated in a specific writing signed by a duly authorized officer of Maison Malabar.
12. Indemnity and Release:
You agree to indemnify and hold harmless Maison Malabar, its subsidiaries, associates, consultants, contracted parties, and their respective officers, directors, agents, and employees from any claims, demands, or actions, including reasonable attorney's fees, arising from your breach of these Terms or any associated policies, or your violation of any laws, rules, regulations, or third-party rights.
Additionally, you expressly release Maison Malabar, its associates, officers, and representatives from any costs, damages, liabilities, or other consequences resulting from the actions or inactions of Maison Malabar’s suppliers, fashion designers, vendors, courier companies, or other third parties. You waive any claims or demands that you may have against Maison Malabar in this regard, whether based on statute, contract, or otherwise.
13. Force Majeure:
Neither party shall be liable for any loss or failure to perform any obligation (excluding payment obligations for products already received) due to events beyond their reasonable control, including but not limited to storms, tsunamis, fires, floods, earthquakes, outbreaks of contagious diseases, acts of God, government actions, industrial disputes, strikes, labor unrest, civil commotion, riots, terrorist attacks, wars, adverse weather conditions, mechanical breakdowns, or obstructions on public or private roads (collectively referred to as "Force Majeure Events").
The party affected by a Force Majeure Event shall provide written notice to the other party as soon as reasonably possible upon the occurrence of such an event. If the Force Majeure Event continues for more than three (3) months from the date of the Purchase Order for any product(s), either party may cancel the Purchase Order immediately by providing written notice to the other party.
In the event of termination of a contract or Purchase Order due to a Force Majeure Event, you agree to pay for any products delivered prior to or during the occurrence of the Force Majeure Event.
14. Governing Law and Jurisdiction:
These Terms and any associated policies shall be governed by and construed in accordance with the laws of the Republic of India. Any disputes or differences, whether in interpretation or otherwise regarding these Terms, shall be referred to the courts in Mumbai, which shall have exclusive jurisdiction.
15. Infringement of Intellectual Property Rights:
The content on the Website may include information provided by Maison Malabar’s suppliers, fashion designers, vendors, or other parties offering merchandise. While Maison Malabar strives to verify the accuracy of this information before publication, there may be instances where it is published without full verification. Consequently, any inaccuracies, falsehoods, or violations of intellectual property rights are the responsibility of the suppliers, vendors, fashion designers, etc., who provide Maison Malabar with information and merchandise.
Maison Malabar respects the intellectual property rights of others and expects its users to do the same. If you are an intellectual property owner and believe that any content on the Website infringes upon your rights, you may submit a notification to info@studiomaisonmalabar.in or write to us at the address provided in the ‘Notice’ section. Your notification must include the following information in writing:
1. A physical or digital signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed.
2. A legibly scanned copy of the relevant registration certificate or evidence demonstrating your ownership of the intellectual property in question.
3. Identification of the intellectual property claimed to be infringed, or, if multiple intellectual properties are covered by a single notification, a representative list of such properties.
4. Identification of the material that is claimed to be infringing, along with information sufficient to locate the material, such as URLs.
5. Information allowing us to contact the complaining party, including an address, telephone number, and, if available, an email address.
6. A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
7. A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Before filing such a notification, please carefully consider whether the use of the copyrighted material in question may be protected by the “fair use” doctrine. You could be liable for costs and attorney’s fees if you file a takedown notice without sufficient grounds for infringement. If you are uncertain whether your use constitutes infringement, we recommend consulting with an attorney.
16. Notices and Communication:
Any notice to Maison Malabar under this Agreement may be delivered by prepaid post to the following address: 184-B, MAKER TOWER E, G D SOMANI ROAD, COLABA, CUFFE PARADE, MUMBAI, 400005
Maison Malabar shall send notices to you electronically at the email address you provided or may send a physical notice via a recognized courier service or prepaid post to the address you provided. For clarity, any notice sent by Maison Malabar via email or prepaid post/courier service shall be deemed valid and effective.
Additionally, you are required to provide a valid phone number when placing an order with us. Maison Malabar may communicate with you through email, SMS, phone calls, or by posting notices on the Website, or through any other mode of communication to fulfill your Order. By providing your contact information, you consent to receive communications, including SMS, email, or phone calls from us regarding your Order or any offers or promotions.
17. Miscellaneous:
Maison Malabar kindly requests that you refrain from referring our products to friends or relatives who may not wish to make a purchase.
You are also asked to provide valid and accurate email addresses. Any harassment claims made against Maison Malabar arising from the use of wrong, invalid, or fictitious email addresses provided by you will result in your full indemnification of Maison Malabar without limitation.
In addition to these Terms and various policies, Maison Malabar reserves the right to establish separate terms and conditions for any gift vouchers, offers, or discounts associated with its products.
In the event of a conflict in the Terms, the decision of Maison Malabar shall be final and conclusive, and you irrevocably waive your right to make any claims or objections based on this matter.
You understand and agree that any material and/or data downloaded or obtained through the Website is done entirely at your own discretion and risk, and you will be solely responsible for any damage to your computer resources or loss of data resulting from such downloads.
For any grievances regarding (i) the Website or its contents, please contact us by emailing info@studiomaisonmalabar.in