Terms and Conditions
Please read the following terms and conditions carefully as your use of service is subject to your acceptance of and compliance with the same (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act, 2000.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services and Products offered through the Website. “Service Providers” mean independent third party service providers, and “The Mystic Solutions”, “we”, “us” and “our” shall mean The Mystic Solutions Supply (“Company”) and its affiliates.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions.
a) www.themysticsolutions.com (“Website”) is an Internet based content and e-commerce and supply chain portal licensed by The Mystic Solutions Suppliers.
b) Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. The Mystic Solutions at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
2. Membership Eligibility:
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. The User shall also comply with all the applicable laws (including without limitation) Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder as may be issued by Reserve Bank of India from time to time, Information Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”) and the Drugs and Cosmetics Act, 1940 and rules made thereunder. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the The Mystic Solutions website and shall not transact on or use the Website. The Mystic Solutions reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to The Mystic Solutions’s notice or if it is discovered that you are under the age of 18 years.
3. User Account, Password, and Security:
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Company, to keep it accurate, current and complete.
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Mystic Solutions of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You further agree to receive transactional SMSs and emails from us, with updates about your transactions.
6. Limited User:
Content on the Website is provided to you AS IS for your information and personal use only. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
7. User Conduct and Rules:
The Website and its Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You will not register under a false name. You will not impersonate any other participant or use another participant’s password(s). Any such fraudulent conduct may be reported to law enforcement, and The Mystic Solutions will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
8. User Warranty and Representation:
The User guarantees, warrants, and certifies that the User is the owner of the content which the User submits or is otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. The User further warrants 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 the User in connection with the Services rendered or Products sold by The Mystic Solutions.
9. Exactness Not Guaranteed:
The Mystic Solutions hereby disclaims any guarantees of exactness of the final Product as ordered by the Buyer. All images of Products are purely for illustration only. The Mystic Solutions does not accept responsibility for any difference between the image on the Website and the actual appearance of the Product. The quality of any Product, Service, information, or other material purchased or obtained by you through the Website may not meet your expectations. The Mystic Solutions does not provide or make any representation, warranty or guaranty, express or implied about the Services or Products. \
The Mystic Solutions does not make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the Products proposed to be sold or offered to be sold or purchased on the Website. The Mystic Solutions does not implicitly or explicitly support or endorse the sale or purchase of any Products or Services on the Website. You are advised to independently verify the bona fides of any particular Product(s) that you choose to buy or transact with on the Website and use your best judgment in that behalf. You shall check and confirm the colour/model/version/expiry period and any other such particulars of the Products before placing the order. The Mystic Solutions accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Alterations to certain aspects of your order such as the Product brand, size, pack etc. may be required due to limitations caused by availability of Products. In this instance you agree that The Mystic Solutions will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change, you retain the right to reject the requested change by replying to it within 10 days of it being sent to you. If you reject this request, your order will be cancelled and your payments made, if any, will be fully refunded.
The Mystic Solutions will not be liable to replace the Products and the liability to replace any such Product is that of the original equipment manufacturer (“OEM”). The Mystic Solutions and the Buyer acknowledge that the Products purchased/used are a subject matter of original OEM’s warranties. Any or all claims in relation to returns and replacement shall be made to the concerned OEM only and not The Mystic Solutions. However, The Mystic Solutions may assist the customer in lodging a complaint to get the Product replaced or serviced. The Buyer acknowledges that the Products once sold will not be exchanged or taken back unless the seal of the package or the Product is intact.
10. Intellectual Property Rights:
All content on the Website and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Company, its users or its licensors with all rights reserved. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The Mystic Solutions 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 The Mystic Solutions without obtaining authorization from The Mystic Solutions. The Mystic Solutions shall not be liable for any claim against any such logo or intellectual property rights of any third party in relation to the brands of the Products listed on the Website and any such infringing content may be removed by The Mystic Solutions at its sole discretion.
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 or transacting through the Website, 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 Services or transacting through the Website.
11. Links To Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Mystic Solutions or the Website and The Mystic Solutions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Mystic Solutions is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The Mystic Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Mystic Solutions or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
12. Disclaimer Of Warranties/Limitation Of Liability:
The Mystic Solutions has endeavoured to ensure that all the information on the Website is correct, but The Mystic Solutions neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service.
In no event shall The Mystic Solutions be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the Services or Products; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service or any claim arising out of or in connection to the Products sold on the Website. Neither shall The Mystic Solutions be responsible for any claims arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, The Mystic Solutions shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond The Mystic Solutions’s control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the maximum extent permitted by applicable law, our total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount actually paid by you to us in relation to any Product or Service.
You understand and agree that the Service and the Products provided are on an “AS IS” and “AS AVAILABLE” basis and that The Mystic Solutions does not assume any responsibility for prompt or proper delivery, or retention of any User information or communications between Users. The Mystic Solutions assumes no responsibility for the accuracy or existence of any communications between Users. The Mystic Solutions expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Mystic Solutions makes no warranty that (i) the Services or the Products purchased will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the Service will be accurate or reliable, (iv) the quality of any Products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from The Mystic Solutions or through or from the The Mystic Solutions Service shall create any warranty not expressly stated in these Terms.
You assume all risks that the Website, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free. Any applications downloaded or otherwise obtained through the Website are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data. By viewing this Website, reading comments by other users or accessing applications and services related to this site you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that we shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the Website.
You agree to indemnify, defend and hold harmless The Mystic Solutions from and against any and all losses, liabilities, claims including third party claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Mystic Solutions 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.
You agree to indemnify, defend and hold harmless The Mystic Solutions from and against any and all losses, liabilities, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Mystic Solutions that arise out of, or result from, or may be payable by virtue of, any third party claims in relation to the Products sold on the Website.
Orders by Buyers and/or Users are subject to acceptance by The Mystic Solutions as per the availability of the Product. Placement of order by the Buyer and/or the User will constitute acceptance of terms and conditions listed on Website by the customer. No terms and conditions appearing in the order that are in variance with or contrary to these terms and conditions shall be binding upon The Mystic Solutions unless specifically agreed to in writing signed by The Mystic Solutions.
15. Cancellation, Return & Replacement Policy:
Returns and replacements are accepted within 15 days from the delivery of items. Items to be returned or replaced must be in resalable conditions and contain the original packing material, manuals and blank warranty cards. Returned items are subject to inspection. Credit will not be granted for items unsuitable for resale. In case of return of any item the amount will be adjusted in the next order. Any Product that is damaged in transit and is rejected by you without accepting delivery from the courier is eligible for a 100% refund of the sale price of the Product.
Due to health, hygienic and safety reasons, Products which relate to personal hygiene and self-care are non-returnable. Products that come in contact with the body cannot be returned – they are single use patient items. No hygiene Product can be returned if the package has been opened.
The Mystic Solutions may charge a cancellation or return fee as specified in the cancellation and returns FAQs, to facilitate the return shipping process.
In case of special orders, where Products are procured specifically for you, and in case of large orders (value more than Rs 10,000), The Mystic Solutions may reject your return request at its own discretion. This is necessary as the manufacturers of the particular Products may not entertain such specific return requests.
16. Payment, Pricing & Promotions:
Invoices will be dated as of the date of the shipment, and unless otherwise agreed in writing, are payable on an open account immediately at the time of order or at the time of delivery of items as per the payment option chosen by the Buyer. All payments shall be made in Indian Rupees and may be made online through the available payment mechanisms (credit card, debit card or net banking), or offline through an at par cheque, cash on delivery, online bank transfer (NEFT/ RTGS), ECS or a DD. The Mystic Solutions may suspend shipment of Products to Buyers whose previous dues are unpaid, at no liability to The Mystic Solutions.
Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Due to manufacturers’ price increases or decreases or other events outside of The Mystic Solutions’s reasonable control, pricing is subject to change without prior notification. Prices are all inclusive of taxes except octroi. Prices, Products and Services may change at The Mystic Solutions’s discretion.
There may be special contests, referral programmes, loyalty programmes and promotional activities (“Offers”) conducted by The Mystic Solutions. Any such Offer may result in the User receiving discounts, coupons, vouchers, special offers etc. The Mystic Solutions reserves the right to accept or reject any User’s participation in such Offers at its sole discretion.
Such special offers, coupons, discounts or vouchers (“Rewards”) can only be applied at the time of order or as may be provided and may not be applied to any previous orders. Prices and Products are subject to change without notice. The Rewards and schemes may be withdrawn and/or changed without notice. Items under Offers and other schemes are available only till stocks lasts. The Mystic Solutions reserves the right to reject the cancellation requests on items sold under such Offers and schemes and also reserves the right to reject the redemption of points as received by the User in an Offer without providing any reason for such rejection.
Such Rewards cannot be transferred, negotiated or sold and cannot be redeemed against cash. The Mystic Solutions shall not be responsible to compensate you in any manner for the unused/invalidated Rewards including providing an alternate Reward.
Each Reward is good for one-time use only. You will not be able to split the value of a Reward across multiple payments or using more than one Reward at a time.
While availing any of the payment method/s available on the Website, The Mystic Solutions will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by you and between “Bank/s”, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. We will not facilitate any transactions with respect to any other form of currency with respect to the purchases made on the Website.
Before shipping / delivering your order to you, The Mystic Solutions may request you to provide supporting documents (including but not limited to Govt. issued ID, address proof and proof of educational qualifications) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
17. Credit Purchases:
Credit facility for a pre-specified period of time may be made available to you by The Mystic Solutions, depending on your usage patterns. Your usage of the Credit facility implies your acceptance of the terms and conditions offered by The Mystic Solutions with respect to that facility. You agree to make payments against your purchases, within pre-specified timeframes, as communicated to you by The Mystic Solutions from time to time. In case of non-payment of dues within the pre-communicated timeframes, The Mystic Solutions may take necessary actions, including legal recourse, to recover the dues.
The Mystic Solutions offers its credit facility only to select customers, based on pre-determined criteria. The decision to offer the credit facility is solely at the discretion of The Mystic Solutions. The Mystic Solutions may refuse the same to any customer, without offering any explanation. The Mystic Solutions is free to revoke the Credit facility offered to any customer, at any point in time, without offering any explanations.
Membership on the Website is free for buyers. The Mystic Solutions does not charge any fee for browsing and buying on the Website. The Mystic Solutions reserves the right to change its Fee Policy from time to time. In particular, The Mystic Solutions may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event The Mystic Solutions reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to The Mystic Solutions.
Title and risk of loss for all Products ordered by you shall pass on to you upon The Mystic Solutions’s shipment to the shipping carrier.
a) The Mystic Solutions may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
b) Notwithstanding Section 21.a above, these Terms will survive indefinitely unless and until The Mystic Solutions chooses to terminate them.
c) If you or The Mystic Solutions terminates your use of the Website or any Service, The Mystic Solutions may delete any content or other materials relating to your use of the Service and The Mystic Solutions will have no liability to you or any third party for doing so.
d) You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
21. Governing Law:
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Delhi.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
23. Report Abuse:
As per these Terms, Users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.