Thank you for visiting this website, www.mokobara.com. In these Terms and Conditions "we", "our" and "us" refers to Mokobara and "you" and/or "your" refers to the User of the Website.
These Terms and Conditions is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000 from time to time. This Agreement does not require any physical, electronic or digital signature.
The domain name of the Website is owned and independently operated by Mokobara Lifestyle Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at No.412, Block A, SMR Vinay Cascades, Jagadish Nagar, Bengaluru, Karnataka, India.
Your use of the Website confirms and services and tools are governed by the following terms and conditions (Agreement) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Mokobara and Mokobara reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as and when they change.
If any Website links are provided to external websites, Mokobara shall not be responsible for the actions or consequences of the links provided. By using this Website, you declare and agree that you have the full power and authority to enter into a transaction with Mokobara and that You are over 18 years of age and are legally competent to enter into an Agreement. Any fraud, negligence, deliberate omission, wrongful act/omission or default conducted by you will be subject to legal action and Mokobara shall not be responsible for your actions resulting into or relating to fraud, negligence, deliberate omission, wrongful act/omission or default.
Mokobara shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside and/or beyond its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
We strive to provide you with the best prices possible on products and/or services you buy at this Website, 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. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to Mokobara’s pricing policy and the prices shall be determined only at Mokobara’s sole discretion.
Mokobara shall not be responsible for any consequences that arise from the use of the product. The buyer or user of the product needs to make their own judgement of the safety and risks associated with various products that may be sold, and users are solely responsible for the consequences of use of these products.
Legal Satisfaction: When you visit the website, call us, send an sms to us, send us a message through social media or communication apps, or send emails to us, you are communicating with us electronically.
Consent: By communicating with us, you consent to receive communications from us electronically. We will communicate with you by email, messaging, social media, communication apps, or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
Orders & Payments, Delivery, Title Of Products & Risk Of Loss And Return Policy:
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by You during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card/bank account/paytm wallet, as may be opted by you. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to you through the instrument from which payment was received.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. A request for cancellation of order shall be valid based on the following scenarios:
Case 1: COD Payment mode:
Order can be cancelled until the invoice is generated ie. it can be cancelled if the invoice is not generated and the product has not been dispatched.
Case 2 : Online Payment
A request for cancellation of order shall be valid and accepted only if the order is not yet dispatched from our warehouse. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order.
We have the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation. In the event of cancellation of order by the customer we shall not refund the promotional voucher, if any used by the customer against such order.
Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Website fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website 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 mark the account as fraudulent or delete such an 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.
Shipping of products will be done by the method indicated in the order. If for any reason Mokobara decides to send the product using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this. Title and risk of loss for any or all products ordered by you shall pass on to you upon Mokobara shipment to the shipping carrier. The product colour and actual size may vary from the visual representation on the website.
User Account, Password, and Security:
You will receive an OTP or a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account wherever applicable, and are solely and fully responsible for all activities that occur under your password or account wherever applicable. You agree to (a) immediately notify Mokobara.com of any unauthorised use of your phone number or password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Mokobara cannot and shall not be liable for any loss or damage arising from your failure to comply with this.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that “Mokobara.com” name is stated as the source and prior written permission of mokobara.com or Mokobara has been sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and/or unwarranted modification of data and information within the content of the Website is not permitted.
The User agrees and undertakes this licence does not include any resale or commercial use of this site or its contents , any collections and use of any product listings, descriptions or prices any derivative use of this site or the content, any downloading or copying account information for the benefit of another merchant; or any use of any data mining, robots, scraping or similar data gathering You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images , text layout or form ) of the website and our affiliates/subsidiary without our express written permission. You may not use any metatags or any other" hidden text utilising website's name or trademarks without express written consent of Mokobara/website any unauthorised use terminates the permission or licence granted by the website. You are granted a limited , revocable and nonexclusive right to create a hyperlink to the homepage of the website as long as the link does not portray www.Mokobarabags.com , its affiliates or their products or services in a false misleading , derogatory or otherwise offensive matter . You may not use any logo or the proprietary graphic or trademark as part of the link without express permission in writing.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer conduct or forward surveys, contests, pyramid schemes or chain letters download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded violate any code of conduct or other guidelines, which may be applicable for or to any particular service violate any applicable laws or regulations for the time being in force in or outside India and
violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein, exploit any of the services.
We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about mokobara.com or Mokobara, its associates and partners on any property owned by mokobara.com or Mokobara.
User Warranty and Representation:
The User guarantees, warrants, and certifies that the User is the owner of the content which is submitted or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of any individual or entity, including but not limited to a company, firm, partnership etc. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by You in connection with the Services rendered by mokobara.com or Mokobara.
You may on the website post reviews, comments and other content; and other communications and submit suggestions, ideas or other information as per the posting rules enshrined in this agreement. You may not use a false email Address, Impersonate any person or entity or otherwise mislead while you use the website. Website reserves the right to (but not an obligation) to remove or edit such content but does not regularly review the posted content. If you post the content or submit material and unless we indicate otherwise , you grant the website / Mokobara a non exclusive , royalty free, perpetual , Irrevocable and fully sub-licensable right to use , reproduce, modify adapt, publish , translate , create a derivative work from , distribute and display such content throughout the world in any media. You grant the website and its affiliates and sub-licensee's a right to use the name you submit in connection with such content if you choose. You are solely responsible for your interactions with other people, whether online or in person. Mokobara is not responsible or liable for any loss or damage resulting from any interaction with other platform users, persons you meet through the website or persons who find you because of information posted on, by or through the website. You agree to take reasonable precautions in all interactions with other users on the website, and conduct any necessary investigation before meeting another person. Mokobara is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Mokobara does not guarantee the website will be free from user generated content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Mokobara is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any user generated content or activities of users on the website. Even in the event Mokobara chooses to monitor any user generated content, Mokobara assumes no responsibility for, or any obligation to monitor or remove, such user generated content. Mokobara reserves the right to edit, remove, or refuse to post any user generated content or terminate your registered account for any reason.
Intellectual Property Rights:
Mokobara owns the Website and shall retain all intellectual property rights, and ownership and proprietary rights and shall have the sole right, title and interest in and over the Website. No part of the Website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall grant or be deemed to grant, whether directly or by implication, any right, title or interest in or to the ownership or use of the Trade Marks and Intellectual property. Purchases of products on this site do not transfer any of the intellectual property related to the products, their design or concepts to you.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, mokobara.com or Mokobara owns all intellectual property rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that You shall not use, reproduce or distribute any content from the Website belonging to mokobara.com without obtaining prior written authorization from mokobara.com or Mokobara.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with regard to the product customization service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of Your content by third party users, you accept the User whereby you grant a non-exclusive licence for the use of the same.
You agree to indemnify, defend and hold harmless Mokobara from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by mokobara.com or Mokobara that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and Conditions.
Unauthorised Charges on your card:
If You see charges on Your credit/debit card for purchases made on the Website, but You never created an account or signed up, please check with Your family members or business colleagues authorised to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorised purchase to your Bank to enable them begin an investigation.
Cancellation of Fraudulent Orders:
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Mokobara reserves the right to cancel all past, pending and future orders without any liability. Mokobara also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. 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 card has been charged, then the cancellation is accepted only if request is made within 24 (twenty four) hours of making the order on the Website. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order.
Any promotional voucher used for the cancelled orders shall not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met.
Customer with a very high return rate.
Customer doesn't reply to the payment verification mail sent.
Customer fails to produce adequate documents during the payment details verification.
Misuse of another customer's phone/email.
Customer uses invalid email and phone no.
Overuse of a voucher code.
Use of a special voucher not tagged to the email ID used.
Customer returns the wrong product.
Customer refuses to pay for an order.
Customer is involved in the snatch and run for any order;
Invalid/Incomplete address escalated by FE and
Cancellation of Bulk Orders.
Mokobara may cancel any order that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Mokobara or mokobara.com products ordered are not for self-consumption but for commercial resale multiple orders placed for same product at the same address, depending on the product category, bulk quantity of the same product ordered, invalid address given in order details; or any malpractice used to place the order.
Any promotional voucher used for placing the 'Bulk Order' may not be refunded.
Process for Pilferage Claim
If a customer raises a complaint for partial item/partial order through Customer Care:
The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained;
An Email will be sent to email@example.com seeking/providing following information:
Short description of the case (A few questions will be asked to help us understand the scenario);
The snapshots of the packet and other box (If any)(Try to cover the sides which look tampered/damaged as per the customer); and
The refund for prepaid orders will be done after investigation which usually requires 10-15 business days.
The process will include investigation with the concerned departments.
The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
Customer fails to provide adequate information about the case;
Customer fails to provide snapshots of the packet and box (if any);
If an opened delivery was received, pilferage claims must be made the same day; and
Customers must not dispose of the packaging for 3-4 days post delivery. We might need to pick-up your packaging for investigation at our end.
You can call us at +91 7975298840 or send us an email at : firstname.lastname@example.org.
This Agreement shall be subject to and construed in accordance with the laws of India and the Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai.
Mokobara shall only be liable for the actual and direct and any other losses suffered by you as a result of access or use of this Website, subject to the maximum limit of the amount paid by you for the purchase of the respective products from this Website. Notwithstanding anything contained elsewhere Mokobara shall not at all be liable to you / third party for any direct and / or indirect damages, claims, losses including loss of profits, loss of business or indirect, consequential or punitive damages, whatsoever in connection with the provision or use of Information hereunder including the usage of this Website.
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.
In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Bangalore. The award of such arbitration shall be final and binding upon the Parties hereto. All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made (i) if delivered by hand or (ii) sent by prepaid registered post addressed to Mokobara.