Terms And Conditions
MEESHA FABRICS
TERMS AND CONDITIONS OF BUSINESS
This document, besides our privacy policies, is meant to be read and understood by whoever approaches MEESHA FABRICS PRIVATE LIMITED {hereinafter Meesha Fabrics} as a customer through our website/ social handles (Instagram, YouTube, reddit, facebook, LinkedIn etc.) / telesales / offline store(s)/ current stock or customer supplied designs/ online and offline advertisements/ export or any other means and at every appropriate time of transition between you (our clients/ customers) and Meesha Fabrics, being its rules and regulations derived and governed strictly from the instant terms and conditions which defines the legally enforceable agreements between us. It is always advisable to take effort to read these documents carefully to avoid future discrepancies. This document is created for mutual benefit and protection of both of us.
By accessing our website or by placing an order with us, you confirm your acceptance and agreement to be governed by these Terms and our Privacy Policy in addition thereto.
MEESHA FABRICS reserves the right at all times to discontinue or modify any of our T&C and/or our Privacy Policy as we gauge necessary or desirable without prior notification to you and it is you to carefully check it at every transaction with us.
For any queries or clarifications regarding these Terms or our Privacy Policy, you can visit our website or reach out to us via our contact details provided over the website/ invoice.
USER WARRANTY AND ELIGIBILITY
By placing an order to us, you warrant and confirm that you are at least 18 years of age and are legally competent to enter into a legally binding contract under applicable law(s).
Use of the Meesha Fabrics website is strictly restricted to persons who can form legally binding contracts with us. Individuals who are incompetent to contract, including minors, undischarged insolvents, etc., are not eligible to use or register on the website.
If you are under 18 years of age, you shall not register as a user or make any transaction on the website directly. Any such use or purchase by a minor must be carried out only through their legal guardian or parents.
You further warrant that all information provided by you, including your name, address, contact number, email address, and other details, is true, accurate, and complete.
Meesha Fabrics reserves the right, at its sole discretion, to terminate your account, cancel your orders, and/or refuse access to the website if it is found that you are under 18 years of age, or have provided false or incomplete information or found you unfit for contracting with us.
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY & INDEMNITY
All content, products, and services available on this website, or accessed through any third-party website linked to it, are provided on an "AS IS" and "AS AND WHEN AVAILABLE" basis without any warranty of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, and accuracy. While we strive to provide accurate and updated content, we make no warranties on the site. Nothing in these Terms shall limit any rights you may have under applicable consumer protection laws that cannot be excluded.
Meesha Fabrics does not endorse and shall not be liable or responsible for:
1. The accuracy, reliability, or completeness of any opinion, advice, or statement made by any party other than Meesha Fabrics on the website;
2. Any content, information, or material provided on any Linked Site;
3. The quality, capability, or reliability of any product or service obtained from a Linked Site.
To the fullest extent permitted under applicable law, Meesha Fabrics shall not be liable for any loss, damage, claim, or expense arising from your reliance on any information obtained through this website or any Linked Site, or from your use of any product or service obtained from a Linked Site. It is your sole responsibility to evaluate the accuracy, completeness, and usefulness of any content, opinion, or advice available on our website.
We do not warrant that our website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Your access and use of this website is entirely at your own risk. Meesha Fabrics shall not be liable for any damages of any kind, including direct, indirect, incidental, or consequential damages, arising from your use of, or inability to use, our website. If your use of our website results in any costs, including servicing, repair, or replacement of equipment or data, you shall bear the same.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Meesha Fabrics, its officers, directors, employees, agents, licensors, and suppliers from and against any and all losses, claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the website, your breach of these Terms, your unauthorized use of our Content, or your violation of any rights of a third party or any incriminating thing in your order and you and you only shall be liable for and shall also indemnify us/ Meesha Fabrics against any sort of infringements and violations and breach of any copyright, trademark or claim arising our of your order being designed by us solely upon your instructions.
ACCEPTANCE OF YOUR ORDER & CONTRACT FORMATION
All information displayed by us, whether online or offline, including these Terms, does not constitute an offer for sale but is merely an invitation to treat. No binding contract for any product shall come into existence between you and us until your order is expressly accepted by us. If your order is not accepted after payment has been received upon us, the same shall be fully refunded to you after necessary formalities.
To place an order, you may follow the online checkout process and click on the "Authorize Payment" button. Upon submission, you will receive an email/ message/ WhatsApp message acknowledging receipt of your order under the title/ head, "Order Confirmation". Please note that this email only confirms that we have received your order and does not signify acceptance.
For placement of any order on WhatsApp and/ or offline from the stock, the customer need to select the product accordingly by whichever mode and convey his/ her selection to us via same mode after which, a rough/ handwritten bill/ estimate/ pro forma invoice would be given to the customer and the GST invoice shall be issued to the customer only upon the receipt of the advance amount from the customer.
Please be informed that the contract of sale shall be formed only when we dispatch your product and send you a separate email confirming shipment under the title/ head, "Shipment Confirmation".
Meesha Fabrics reserves the absolute right to verify the authenticity of any order via call or email. In case of non-satisfactory verification, lack of authenticity, or no response from the customer, we reserve the right to cancel the order at our sole discretion.
The contract shall be limited only to those products whose dispatch has been confirmed in the Shipment Confirmation. We shall not be obligated to supply any other products included in your order until their dispatch is confirmed through a separate Shipment Confirmation.
LICENSE & INTELLECTUAL PROPERTY USE
You are granted a limited, non-exclusive, and revocable license to only access, view, and save a copy of pages from the Meesha Fabrics website strictly for your personal, non-commercial use.
You shall not, for any commercial or unauthorized purpose, duplicate, download, publish, modify, hack, tamper with, damage, or distribute any material available on our website, including but not limited to informational data, software, designs, text, images, photographs, videos, graphics, fonts, audio and other content of any kind whatsoever.
Unless expressly permitted by Meesha Fabrics in writing, you agree not to sell, license, lease, copy, reproduce, transmit, publicly display, adapt, edit, create derivative works from, or exploit our Content in any manner.
Content published on this website (digital downloads, images, texts, graphics, logos, data compilations, audio clips and software) is the property of Meesha Fabrics or its content suppliers, creators are protected by copyright laws and any resembling product which, though, not in the copyright of Meesha Fabrics or a copyright to any other companion company/ firm doesn’t amount to infringement as the same is kept only for the inspirational purposes and not copying.
Unless authorized in writing by Meesha Fabrics, the Customer shall not copy, reproduce, manufacture, commercially exploit or market such exclusive designs under the Customer’s own brand or through any third party. This restriction shall not apply to designs independently owned by the Customer or to any rights that cannot lawfully be restricted.
The entire compilation of the content found on this website is the exclusive property of Meesha Fabrics. All software used on this site is the property of Meesha Fabrics or its software suppliers.
DESIGN & COPYRIGHT AND INTELLECTUALS
MEESHA FABRICS, while preserving and safeguarding its own copyrights, trademarks, designs, logos, artworks duly endorsed by it, simultaneously prohibits any unwarranted or unauthorized usage of any such artwork, design or logo already copyrighted by its similar vendors in the market or any other such persons copyrighted it so and thus, MEESHA FABRICS do not practice showing or offering random designs, logos or artworks to you over the web/ Google/ Instagram etc. which are not explicitly warranted or available free of cost for its commercial use, even if it is available, the same is taken solely as a reference / inspiration for customization. Therefore, MEESHA FABRICS mandates you to bring your own designs, logos and artworks and customizations entire at your risks and consequences and costs.
a). If the design, logo, pattern or artwork is provided by you/ the Customer, you confirm that you are the owner of the design or have permission to use it. Any copyright, trademark or IP infringement claim arising out of your design will be the sole and exclusive responsibility of the customer. Meesha Fabrics will not be liable.
b). Meesha Fabrics does not claim originality of such internet designs. Final product may have slight difference from reference image.
c). All designs created by Meesha Fabrics remain the intellectual property of Meesha Fabrics unless full payment is made.
d). Unless authorized in writing by Meesha Fabrics, the Customer shall not copy, reproduce, manufacture, commercially exploit or market such exclusive designs under the Customer’s own brand or through any third party. This restriction shall not apply to designs independently owned by the Customer or to any rights that cannot lawfully be restricted.
FINANCES AND COMMERCIALS/ PAYMENTS
· For orders not yet accepted by Meesha Fabrics, quoted prices may be revised to reflect material changes in the cost of raw materials, yarn, cotton, fuel, foreign exchange or other relevant production inputs. The applicable price shall be confirmed in writing before acceptance of the order. Once an order has been accepted, any price revision shall be subject to the terms agreed between the parties or their subsequent written consent.
· For all the order(s) of Ready stock normal customers, an advance payment of 30 % of the total price of each such product shall be paid to us, upon receipt of which, the product(s) shall be reserved for next 72 hours to the maximum, commencing from the actual time of booking/ payment;
· For all the order(s) of Custom print/ custom production, an advance payment of 50 % of the total price of each such product shall be paid to us as booking amounts, upon receipt of which, the product(s) shall be reserved for next 72 hours to the maximum, commencing from the arrival of stock to Meesha Fabrics; and,
· For all the order(s) of reorder/ stock specifically arranged by us, an advance payment of 50 % of the total price of each such product shall be paid to us as booking amounts, upon receipt of which, the product(s) shall be reserved for next 72 hours to the maximum, commencing from the arrival of stock to Meesha Fabrics;
· For products being exported to Kuwait or Europe or any other exporting country, the price quoted would be excluding the applicable custom duty of that country, VAT and/ or all other such applicable charges.
· For export cases, if the shipment is held or abandoned due to buyer’s failure to provide import license or pay duty or any other incriminating/ defaulting act of the buyer, Meesha Fabrics shall not be entitled for any refund/ payment or dues in any manner whatsoever and the warehousing charges would entirely be at the buyer’s cost and consequences only.
· Balance payment of like amounts, as the order type may be, must be paid at the time of delivery / before dispatch.
· For urgent orders, 100% advance.
· If balance payment is delayed beyond 7 days from intimation of order ready, the product may be kept reserved upon the discretion of Meesha Fabrics, if so, request by the customer and allowed by Meesha Fabrics and under such cases, Rs. 250 per day storage / holding charge shall apply along with an interest of 18 % per annum on the outstanding amount from due date till actual realization when the amounts stood payable.
· If balance is not paid within 30 days if given the liberty to continue the order by Meesha Fabrics, the advance will be forfeited and goods will be resold to recover loss. Customer will have no claim of any cancellation/ refund/ reservation/ resale to him/ her.
· Meesha Fabrics shall have a general lien over all goods of the Customer in its possession for all dues, present and future, and shall be entitled to withhold delivery of any consignment until entire outstanding dues along with interest and charges are cleared. Exercise of lien shall not be deemed as any breach.
· Cheque bounce charges Rs. 1000 extra + legal action under Sec 138 NI Act at your cost.
PRODUCT DISCLAIMER, CUSTOMIZATION & DELIVERY
All fabrics offered by Meesha Fabrics are subject to inherent natural characteristics. a). Slight variations in colour, texture, weave, print, and finish of the fabric are intrinsic to the material and shall not be considered as defects. Any irregularity in weave or print is a part of its handmade / processed nature and does not imply a fault in quality.
b). We make every effort to display the colors of our products as accurately as possible on our website and/ or in the catalogues/ stocks shown or provided by us. However, we cannot guarantee exact color accuracy, as the final display depends on your monitor settings, screen resolution, and lighting conditions.
c). While our fabrics possess good colour fastness, they may have low rubbing fastness due to the nature of dyes and printing. Meesha Fabrics shall not be liable for any colour transfer due to rubbing or improper washing.
d) Customized / Made-to-order goods are NOT returnable and NOT refundable once cutting / printing / embroidery starts.
e) Delivery date given is tentative. Delay due to karigar, machine breakdown, courier, market bandh or any force majeure is not liability of Meesha Fabrics.
(f) For exporting materials and transactions, Meesha Fabrics shall not be held liable for any delay due to carrier, customs and/ or force majeure.
(g) Customer/ you must check the final product at the time of delivery. Any complaint regarding stitching, colour, size, print and meterage/yardage must be raised within 48 hours of delivery. After that, no claim will be entertained.
(h) All the import duties, VAT, customs clearance fees, port charges etc. are solely payable by the buyer/ customer only.
TERMINATION
Meesha Fabrics reserves the right to terminate this agreement and your access to the website at any time, at its sole discretion, without prior notice. Without limiting the foregoing, we shall have the right to immediately suspend or terminate any password, user account, or access granted to you if, in our sole judgment, your conduct is found to be unacceptable, unlawful, fraudulent, or in breach of any provision of this agreement. Notwithstanding any other provision of these Terms & Conditions, any clause which by its nature imposes or contemplates continuing obligations shall survive the expiration or termination of this agreement. Upon termination of this agreement by either you or Meesha Fabrics, your right to access and use this website shall cease immediately, and you must promptly destroy all materials downloaded or otherwise obtained from this website, including all copies thereof, whether obtained lawfully under these Terms or otherwise. The sections relating to Content Ownership, User Comments & Submissions, Disclaimer of Warranties & Limitation of Liability, Indemnification, Termination, and Governing Law shall survive any termination of these Terms & Conditions.
CANCELLATION AND RESERVATION POLICY
a) Upon the receipt of advance amounts as specified for specific orders, the stock is reserved in the name of the advance payee customer for a period of 72 hours commencing from booking/ after arrival of stock, as the order type may be.
b) A cancellation charge is applied for all the cancellations as per the order type in agreement to the chart below.
c) In case of no response from the customer within 72 hours, the reservation will get automatically expired and order would be deemed closed after which, the stock would be released to the prospective/ other customers and there shall be no reinstatement of order.
d) Upon the reapproach of the customer post cancellation, either by him/ her or on account of default of the customer, only fresh order would be entertained subject to availability and the then/current pricing of the product whilst.
e) The advance amounts paid by the customer shall be subject to adjustment/ refund after due payment of the cancellation charges as the case may be, only for the period of 30 days from the date of receipt of first tranche of the amounts from the customer and not thereafter and the entire advance/ booking/ paid amounts shall be forfeited upon the expiry of the 30th day.
RETURN, EXCHANGE & REFUND POLICY
At Meesha Fabrics, we carefully inspect and pack orders before dispatch. Notwithstanding anything contained in the terms to the contrary, every return, exchange, or refund, as the case may be, is accepted only in the case(s) specifically mentioned below and not otherwise.
1. ELIGIBILITY OF CASES FOR RETURN/ REFUND AND/ OR EXCHANGE
● Damaged or defective product, in case it is proved that the defect or damage existed before dispatch and is attributable to Meesha Fabrics.
● Wrong product received, in case the product received does not relate or match with the product ordered.
2. REPORTING TIMELINE
● Any issue must be reported to us within 3 business days of receiving the order to the maximum.
● Requests submitted after 3 business days shall not be accepted.
● The customer must provide clear photographs/videos and relevant order or invoice
details when reporting the issue with incidental proofs to shift the onus.
3. CONDITION OF PRODUCT TO BE EXCHANGED OR RETURNED
Notwithstanding anything to the contrary, the customer shall record a continuous, unedited 360-degree video of the parcel from the time of receipt, showing the sealed condition, courier label, and opening of the package, till complete verification of goods. No claim for shortage, damage, defect, wrong product or meterage shall be entertained in absence of such video. Photographs alone shall not be considered sufficient proof."
In addition to the above and to the satisfaction and compliance of one and all the other terms of compliance as per this terms and conditions, the product, to be eligible for return or exchange shall strictly be in compliance to all the following mandatory circumstances:
● The product must be handed over back to us in a suitable condition for inspection at first for necessary investigation and thereafter, the eligibility of exchange, return or refund shall be considered and ascertained,
● The fabric/product must be unused, unwashed, uncut, unaltered, and in its original
condition,
● Product(s) that have been cut, stitched, processed, washed, dyed, printed, altered, or otherwise used will not be eligible for return or exchange in any manner whatsoever.
4. DAMAGE DURING DELIVERY OR HANDLING
· Risk and title in goods shall pass to Customer upon handing over to carrier/courier. Transit insurance, if required, shall be at Customer's cost upon prior written request. Meesha Fabrics shall not be liable for any loss, delay, theft, damage, detention by courier, customs or carrier. Any claim against carrier to be pursued by Customer.
· Meesha Fabrics shall not at all be responsible for any damage, deterioration, contamination, staining, tearing, misplacement or any other issue that may be caused during transportation, delivery, unloading, storage, handling, or after receipt of the goods by the customer.
· Any damage or issue arising after the goods have been handed over to the carrier/delivery service will not be considered a manufacturing or pre-dispatch defect of Meesha Fabrics and would not be entitled for any exchange/ return.
5. INSPECTION & APPROVAL
All return, exchange, and refund requests are subject to verification and inspection by Meesha Fabrics.
Submitting a request does not automatically guarantee approval. The final decision regarding the eligibility will be based on the condition of the product and verification of the reported issue by Meesha Fabrics.
6. RESOLUTION AT THE DISCRETION
Depending on the nature of the issue and availability of the product proposed to be exchanged, refunded or returned as the case may be, Meesha Fabrics may provide with any of the following reliefs:
● Replacement/exchange of the affected product;
● Replacement of the affected quantity;
● Credit adjustment/refund for the eligible quantity; or
● Another mutually/ amicably agreed resolution.
Any refund or credit will be limited to the eligible defective, incorrect, or missing quantity, if any, and will not automatically apply to the entire order.
GOVERNING LAW & JURISDICTION
In the event of any dispute, difference, or claim arising between you and Meesha Fabrics in connection with your use of our website/ social handles (Instagram, YouTube, reddit, facebook, LinkedIn etc.) / telesales / offline store(s)/ current stock or customer supplied designs, online and offline advertisements/ export or any other means or in any transition between you / customers and Meesha Fabrics, including but not limited to issues related to the validity, interpretation, implementation, or breach of this agreement, the same shall be construed and governed in accordance with the laws of India, with exclusive reference to the laws applicable in Delhi, India. Any provision of these Terms & Conditions and/or Privacy Policy, including all rules and policies contained herein, shall be subject to the exclusive jurisdiction of the competent Courts at Delhi, India. Your obligation to pay all fees, charges, and dues payable to Meesha Fabrics shall continue and shall not be suspended or withheld during the pendency of any such dispute or legal proceedings.
We at Meesha Fabrics maintain IEC and follow foreign trade policy as applicable under different laws of different states. You/ customer is independently responsible and liable to ensure that the product is not prohibited for importation in your country/ state through or is not contravening/ violating/ infringing any regulation or any law for the time being in force in the relevant country/ state or region.
Meesha Fabrics reserves the right to resolve any dispute or claim arising from these Terms or use of the site through binding arbitration under applicable arbitration rules in Delhi, India. All arbitrations shall be on an individual basis. Either party may seek interim relief from the competent Court at Delhi pending arbitration.
We collect Buyer’s data as per our privacy policy and comply with GDPR for European countries and for Kuwait and collect data from different countries/states as per the applicable laws under such respective states/ countries round the globe and data is processed outside those countries with due consent.
LIMITATION OF LIABILITY:
Notwithstanding anything contained herein, the aggregate liability of Meesha Fabrics for any claim, loss or damage arising under this contract, whether in contract, tort or otherwise, shall in no event exceed the invoice value of the specific goods in respect of which claim is made. Meesha Fabrics shall not be liable for any indirect, consequential, incidental, loss of profit or goodwill.
SEVERABILITY
If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall continue in full force. The invalid provision shall be reformed to give effect to the original intent of Meesha Fabrics to the maximum extent permitted by law.
NO WAIVER & ENTIRE AGREEMENT
Failure of Meesha Fabrics to enforce any breach shall not constitute a waiver of its right to act on any subsequent or similar breach. There shall be no third-party beneficiaries to these Terms. These Terms constitute the entire agreement between you and Meesha Fabrics concerning the use of the website and supersede all prior agreements.
FORCE MAJEURE
Force Majeure: Meesha Fabrics shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including governmental actions, acts of terrorism, natural calamities, fire, flood, earthquake, labour disputes, power failure, or internet outages.
You/ the customer, by paying, accepting or doing any overt acts intended to enter into any online or offline transaction with Meesha Fabrics, confirms hereby that you have read and been informed/ reiterated and you fully understand the Privacy Policy and terms of business of Meesha Fabrics. You/ the customer further consent that the terms and contents of such Privacy Policy are acceptable to you in its entirety.