Terms and Conditions
Any person logging on to or using this site, hereinafter referred to as the user has unconditionally accepted the terms and conditions of use as given here under and/or elsewhere in the site and these constitute a binding and enforceable agreement between the user and Theindianmall.com.
1. The user may carefully read all the information on services as provided in relevant sections of the website and also in "FAQs".
2. No material from this site or any other web site owned, operated, controlled or licensed by Theindianmall.com and/or associates or sister concerns may be copied, reproduced, republished, transmitted, downloaded, uploaded or in any other manner utilized for commercial use or otherwise without written permission of Theindianmall.com. Violation of this condition is a violation of copyright and other proprietary rights of Theindianmall.com and/or their associates or sister concerns or affiliates.
3. It is expressly understood and agreed by the user that the relationship between the user who places the order and Theindianmall.com is one of the Principal and the Agent respectively and Theindianmall.com performs the act of fulfillment of the order for and on behalf of the user as his/her Agent in India and uses all diligence, skill and expertise available with them to perform this duty but does not accept or undertake any express or implied warranty as a supplier or a seller of goods/services nor does Theindianmall.com in fact sell any goods/services either to the user or the person to whom the product is delivered. All items purchased or delivery arrangements made by Theindianmall.com are for and on behalf of the user and the user is deemed to have expressly agreed to this arrangement and accepts having appointed Theindianmall.com as his/her/their agent to purchase, pack, decorate, write/print greetings/messages conveying feelings/sentiments of the person gifting and/or deliver or appoint vendors/service providers to do so and to do any other acts or deeds that are required or expedient in order to effectively perform the duty to deliver the products or gifts on behalf of the user who has placed the order and made the payment.
4. The user has by the act of placing the order authorized Theindianmall.com to issue on behalf of the user all transit documents as may be required by the vendors, transporters, couriers or postal authorities declaring the details of items and their approximate costs and to declare that the parcels/packets were in the nature of gifts (if ordered as gift) and were of no commercial value. The Octroi will have to be borne by the receiver of the product/gift/service.
5. Real products may differ in appearance, colour and quality as compared to the pictures that are shown on the Theindianmall.com. We obtain the specifications and details of the products from reliable sources. Despite of our full efforts, it is possible that we may make mistake in specifying the product. In no case will Theindianmall.com liable for any responsibility for false information of the product. Also many items displayed on the web are highly dependent on availability. So if the product/Service is unavailable, it will be replaced by the product/Service of same or lower quality. But in no case the will the user have right to claim for refund or part of refund.
6. Theindianmall.com reserves the right to refuse/cancel any order without giving any prior notice or explanation for the step taken.
7. By the act of placing the order for delivery of product (s) the user has expressed and conveyed his/her accord and satisfaction without any reservation about the correctness of costs of items comprising product (s) ordered and also about the costs of packing, decoration, presentation, delivery etc and about the remuneration of Theindianmall.com for providing its services and further has voluntarily accepted the arrangement that the remuneration of Theindianmall.com for providing its services is included in and is part of the indicated approximate prices on the web-site against each item displayed and further acknowledges knowledge of the remuneration so retained/charged by Theindianmall.com and accepts the said remuneration as reasonable and fair.
8. The purchase of items and contracts made with vendors, couriers, postal authorities or any other third party for fulfillment of the orders received by Theindianmall.com are (and shall always be in future) for and on behalf of the user(s) of the web-site who have placed those orders and at no time can Theindianmall.com be held liable for any legal and bonafide act done for the fulfillment of those orders. Further, Theindianmall.com does not (and shall not in future) make any purchase of items or make any contracts with vendors, couriers, postal authorities for providing services for any trading/commercial purposes on its own account and it is expressly understood that all such purchases or contracts are (and shall always be) to the risk and account of the user(s) for whom the purchase/contract has been made.
9. The item(s) as long as are held in possession of Theindianmall.com and until these are delivered to the recipient of the item are held at the risk and account of the user and Theindianmall.com is not responsible or liable for any loss or damage whilst in possession of the items so purchased or whilst these are in the hands of couriers, vendors, postal authorities or transporters appointed by Theindianmall.com for the fulfillment of the orders.
10. By submitting the order form on the web-site along with all details prescribed in the order form, Theindianmall.com is not deemed to have entered into any contract for sale/delivery of any of the items displayed. The order form is only a request of the user to Theindianmall.com for providing the services of delivering the items/services selected by him/her and Theindianmall.com upon receipt of the said request and the advance payment for the gifts selected undertakes as the Agent of the user to make an honest endeavor to provide the services of delivery of the selected items/services as displayed (at indicated approximate costs) to the recipients. Non delivery, mis-delivery, part delivery or any deficiency observed or felt by the user or the receiver of the product/service does not entitle the user to claim any damages or costs nor is the user entitled to claim any remedy by way of specific performance as between two contracting parties in a contract of sale.
11. The user expressly agrees to use his/her own and a valid credit card. Use of Credit Card belonging to a third party (with or without authority) is not permitted. The user indemnifies Theindianmall.com for any claims/damages made by third party claiming ownership of and/or alleging, misuse fraud or theft of his/her Credit Card or for any claims/damages made by credit card issuing Company or Bank over the use/misuse of the credit card and the user irrevocably accepts full responsibility to pay/reimburse Theindianmall.com for all such claims/damages/costs including legal fee of advocates.
12. By the act of providing credit card details on the order form or on phone, Fax or e-mail the user has expressly and irrevocably authorized Theindianmall.com and their Banks to charge his/her credit card with the amount in Indian Rupees.
13. The user represents and warrants not to engage in or attempt to engage in what could reasonable be construed as providing himself/herself a cash advance from his/her credit card and agrees not to assist others to engage in any such or similar activity. If Theindianmall.com has reasons to believe/suspect any such activity on the part of the user directly or indirectly, Theindianmall.com has the right to take any action it deems appropriate, including without limitation, to cancel the order(s) and/or forfeit the amounts received by it and/or suspend/terminate/refuse all current/future use of its services (or any portion thereof) to such a user or the ones assisted by him/her.
14. The user represents and warrants that he/she are fully aware of the laws of the Country/States he/she resides in and also those of India governing sell of online products/services , sending/receiving gifts (including gift voucher, Bank Drafts, etc etc.) and the use of credit cards therefore and the user is not violating, nor attempting to violate, any law and indemnifies fully Theindianmall.com against any action, loss or consequences for his/her (or at his/her behest) illegal conduct or participation in illegal or fraudulent act/scheme.
15. Theindianmall.com provides services for delivery of gifts on behalf of a user assuming his bonafide intentions and not for any malafide, illegal, indecent or ill-intentions meant to harass injure or embarrass the receiver. In the event any receiver of the product, service or gift alleges any harassment, injury, ill-intentions or malafide in the matter of receipt of any products, services or gift, Theindianmall.com is fully and completely indemnified by the user who has placed that/those order(s) and made payment thereof for all the costs and consequences of such claims/allegations and Theindianmall.com shall not be held responsible and the user alone shall be responsible for all such and similar consequences.
16. The services provided on this site are without warranties of any kind either expressed or implied and Theindianmall.com disclaims all or any of them to the fullest extent. Theindianmall.com does not warrant that the services offered will be error-free, or that the defects will be corrected, or that this site or the server that makes it available are or will be free of viruses or other harmful components. Any warranties or After Sale Services if any offered by the Manufacturers/Vendors on any items/services shall be serviced directly by such Manufacturer/Vendor and Theindianmall.com shall not be under any obligation to ensure compliance or handle complaints.
17. Under no circumstances whatsoever shall Theindianmall.com be liable for any loss of data, lost profits or any damages whatsoever including, without limiting, any indirect, special, incidental, consequential or other damages that result from the use of or inability to use the items/services as offered on the site. Not withstanding the foregoing, in no event shall Theindianmall.com be liable to the user for any or all damages, losses, and causes of action (including but not limited to, negligence) or otherwise exceeding the amount paid by the user to Theindianmall.com for that specific item, gift or service.
18. Notwithstanding any or all of the Terms, Conditions & Disclaimers stated herein and in FAQ or elsewhere in the site, any refund or payment by Theindianmall.com to the user or anyone else acting on his behalf for any reason whatsoever, voluntarily or on being claimed by any user shall not become a waiver of any or all of the Terms, Conditions and Disclaimers made and shall not become a precedent for similar future actions/claims or confer any rights on the claiment. AND further that all such refunds/payments if any when made shall be subject to 20% deduction on account of Bank charges and other processing overheads without inclusion of any type of interests.
19. It is possible that other service users (including unauthorized users or "hackers" ) may violate the terms and conditions of service and may post or transmit offensive or obscene materials on the service resulting in some bonafide users getting involuntarily exposed to offensive and obscene materials. Although Theindianmall.com always endeavors and shall continue to endeavor to provide a secure environment for the web-site, it may be possible for some others (including unauthorized users or hackers) to obtain personal information about the bonafide users without the authority, consent or knowledge of Theindianmall.com through illegal means. Theindianmall.com shall never be held liable or responsible by any user if any such other person having illegally obtained personal information uses it to harass or injure a bonafide user. Users are advised to carefully select such information that they may not like to give to Theindianmall.com and should refrain from doing so.
20. All users are regularly sent information on improvement and changes made in the web-site through their addresses and e-mail addresses. Any user who may not desire to receive e-mail from Theindianmall.com may give clear instructions to
21. The user is deemed to have consented to reveal/give his/her name, address, e-mail addresses as identification to the receiver of the products.
22. The user shall not use or post any computer programmes in connection with his/her use of the services offered by Theindianmall.com that contain destructive features, such as viruses anomalies self- destruct mechanisms, time/logic bombs, worms , Trojan horses etc . Theindianmall.com does not allow any bots or scripts on the server, whether they are benign or destructive in intent.
23. The user will defend, indemnify and hold harmless Theindianmall.com, its officers, Directors, agents and third parties for any losses, costs, liabilities and expenses (including Attorneys fee) relating to or arising out of his/her use of the services offered by Theindianmall.com and/or any breach of any of the terms and conditions stated herein and this obligation of indemnity survives termination of this agreement.
24. The user represents and warrants that he/she (a) have provided true, accurate, current and complete information about himself/herself as prompted by the order form and (b) will maintain and promptly update any changes required therein to keep it true, accurate, current and complete. If the user provides any information that is untrue, inaccurate, not current or incomplete or Theindianmall.com has reasons to believe/suspect that to be so, Theindianmall.com has the right to take any action it deems appropriate, including without limitation, to cancel the order(s) and/or forfeit the amounts received by it and/or suspend/terminate/refuse all current/future use of its services (or any portion thereof) to such a user.
25. By using the services and/or placing orders with Theindianmall.com, the user is deemed to represent and warrant that he/she is at least 18 years old.
26. Not withstanding any word, term or language used herein above or in F.A.Q or at any place on the site or in e-mails exchanged with the user for processing his/her requests, suggesting/implying a meaning in the sense of creating or seeming to create a contract or commitment of sale of any goods between Theindianmall.com and the user, it is clarified, understood and agreed that Theindianmall.com through this Web Site, does not nor intends to enter into any contract for sale of goods nor offer any goods for sale and no user or the recipient of the gifts has any right or claim legally associated with a Buyer as defined/ used in the Sales Of Goods Act or any other Law in India or any similar or relevant Law in the country of residence of the user.
27. The links or redirecting link sites provided on Theindianmall.com are not guaranteed to be harm free. So users are advised to check their genuineness before visiting the site or placing order. In case they visit them or place an order, they will be subjected to their Terms & Conditions.
28. If the user has any question, doubts or confusion in regard to any of the terms & conditions set out herein he should seek clarifications from us through Email: and should wait for a written clarification before using the service.
29. Theindianmall.com reserves the right to terminate, revoke, modify, alter, add, delete any one or more of the terms and conditions of this agreement and all such changes shall be posted on the web-site and shall become applicable simultaneously.
30. In case of any disputes the decision of the Theindianmall.com team will be final and the decision taken by Theindianmall.com or any person authorized by Theindianmall.com will have to be accepted by the user.
31. Subject to Ahmedabad (Gujarat – 380015,
THE USER OF THEINDIANMALL.COM IS PRESUMED TO BE ABOVE THE AGE OF 18YEARS AND TO HAVE READ ALL THE TERMS AND CONDITIONS HEREIN AND FAQ AND IS DEEMED TO HAVE AGREED, UNDERSTOOD AND ACCEPTED UNCONDITIONALLY ALL THE TERMS, CONDITIONS, PROCEDURES AND RISKS OF USING THE SERVICES AND CAN NOT AT ANY TIME CLAIM IGNORANCE OF ANY OR ALL OF THEM.