Returns and Refunds Policy

Table of Contents

INTRODUCTION :

1. General

2. Cancellation

3. Return

4. Refund

5. Jurisdiction

6. Disclaimer of Warranties and Liability

8. Dispute Resolution

9. Communications

10.Additional Terms

RETURN AND REFUND POLICY
Mesky Online Private Limited (herein referred to as “Mesky”, “we”, “us”, “our”) enables sale and purchase of diverse range of products including but not limited to personal care, food products and supplements as well as gourmet home décor and art fashion merchandise listed on its website www.mesky.in and through its mobile application (collectively referred to as “Portal/Platform”) from time to time (“Services”). This Refund Policy (“Policy”) is a part of the Terms and Conditions along with all the rules and regulations stated therein which shall apply to you (herein referred to as “you”, “your”, “User”). By registering or browsing or downloading or using or accessing any part of the Portal or utilizing the services rendered by Mesky, you will be legally bound by this Policy. If you do not agree with any of the terms of the Policy, you can refrain from accessing or using the Portal.
1. General

1.1.In keeping with Mesky’s goal of ensuring User satisfaction, this Policy together with the Terms and Conditions as set out in the Portal, sets out Mesky’s procedures and policies in accepting: (a) Product cancellations before the Product is delivered to a User; or (b) Product returns once a Product has been delivered to a User after any Product purchase through the Portal and seek refund for the same. Any return, refund or cancellation of Products by Users shall be governed by and subject to the terms and conditions set out under this Policy.

1.2. Users are required to peruse and understand the terms of this Policy. If you do not agree to the terms contained in this Policy, you are advised not to accept the T&C and may forthwith refrain from and stop using the Platform. The terms contained in this Policy shall be accepted without modification and you agree to be bound by the terms contained herein by undertaking any transaction for the purchase of Product(s) on the Platforms.

2. Cancellation

2.1.Registered User can cancel an order as long as the cancel option is available on the Portal. User won t be able to cancel an order after it has been processed by the Brand. Any amount paid will be credited back to the same payment mode used when the payment was made.

2.2. In the event, the User had selected Cash on delivery as payment mode, there is no amount to be refunded as the User has not paid for the purchase order. Refund in case of all events of cancellation prior to the dispatch of the purchased Products, Mesky shall initiate refunds within 10 business days from the date on which it received the request from the User.

2.3.Mesky may, at its discretion cancel an order for reasons including but not limited to the following: (a) Your failure to comply with this Policy or breach of any of the policies / terms as stated on the Portal; (b) technical errors or issue; (c) any reason relating to credit / fraud avoidance (d) invalid address or wrong address is provided by the User in order details; (e) malpractices used to place the order; (f) bulk order is placed for the likely commercial resale; (g) multiple orders are placed for same product at the same address; (h) pricing or specifications on any product as is shown on the Website due to any technical glitch, resulting into incorrect pricing or specifications.

2.4. Cancellation for the order may be full (all the orders) or partial (individual Product orders) by the User. Upon successful cancellation, the User will get the refund for the entire amount for the cancelled order.

2.5.Notwithstanding anything contained herein, we reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, you will receive a notification through email or SMS at the email address or mobile number provided to us.

3. Return

3.1. The User is permitted to return the Product purchased through the Portal subject to the following conditions- (a) the Product must not be used and should be in its original condition with the tags intact labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes; (b) if the Product is damaged or defective product or is significantly different from what was displayed on the Portal; (c) if the User receive a damaged or defective Product or the package delivered is missing one or more products or accessories or there is a manufacturing defect; (d) Products under the non- returnable categories which are more specifically stated on the Portal under the Product description cannot be returned.

3.2.The returned Products are subject to verification and quality checks by the Brands selling on Portal in order to determine the legitimacy of the return. Refund will be processed for returned Products once the relevant Product reaches the Brand showroom / warehouse and the quality check of the Product is completed.

3.3.If the picked up Product does not pass the quality check, we shall ship it back to you in case the Product returned is used, damaged or original tags are missing. In the event that you fail to accept the receipt of the re-shipped Product, you shall continue to be not eligible for a refund, and Mesky assumes no liability with respect to the return or refund for the said re-shipped Product.

3.4.The return period is calculated 7 business days from the order confirmation date in order to constitute a valid return (except those Products for which the right to return is excluded based on the Product category on the Portal). Return is acceptable only if the return request is placed within the said period. In case of return, the reimbursement will only be to the extent of the amount paid for said Product(s). Delivery charges will not be reimbursed.

3.5.User’s right to return the Product(s) shall apply exclusively to the Product(s) that are returned in the same condition in which you received them. No reimbursement for return will be made if the Product has been used once it has been opened and for Products that are not in the same condition as when they were delivered or if they have been damaged/ tampered. Similarly, no replacement will be given if the Product has been used once it has been opened and for Products that are not in the same condition as when they were delivered or if they have been damaged/ tampered.

3.6.Upon placing your return request, we shall verify the authenticity and the nature of the request and if the request is genuine, we will arrange for pick-up of the product through an assigned logistics service provider such as Delhivery or any other service provider and your refund will be processed upon the receipt and quality check in accordance with Clause 3.2.of this Policy. It may take a minimum of 5 business days to process your request for return of the Product(s). You will receive an email or SMS notification at your email address or mobile number provided to us by you.

3.7.When any Product delivered is missing one or more parts or accessories, You are requested to return the original package delivered to the Brand in accordance with the Return Policy

3.8.In the event, the request for return is not permissible in accordance with this Policy, you will not be refunded any costs or the payment made

3.9.The return shipping process will be in accordance with the terms of the Shipping Policy as available on the Portal.

4.Refund

4.1. Refunds are provided only in case of cancellation or return of the Product(s), subject to the eligible cancellation/ return initiated in accordance with this Policy.

4.2. The Refund amount is excluding the delivery charges and only be to the extent of the amount paid for said Product(s).

4.3.Refunds are normally processed at the earliest after the completion of quality checks of the Product returned or cancelled and further depends on various banking and payment channels. Mesky is not responsible for any errors or delays in refund due to banks or third party service provider errors or delays in this regard.

4.4.The User will not be entitled to any refund or compensation in any form whatsoever, in case of any cause beyond the reasonable control of Mesky.

4.5.The mode of refund of payments cannot be changed at any stage as the refund amount is transferred to the User’s original source of payment. Refund of orders placed using cash on delivery as the payment method will be made by cheque or demand draft or to Your bank account via NEFT. It is the responsibility of the User to provide accurate and updated details of the bank account number and other financial details to enable us to process a refund to the User.

4.6. Refund amount will be processed subject to Clause 3.2 above. Additionally, refund can be provided for the full amount of the order or part order successfully cancelled or returned based on what was paid by You for the delivery of the Product.

4.7. In the event, the original payment method You used to make the payment (credit or debit card or net banking) is no longer valid, Mesky will issue the refund through a cheque.

5. Jurisdiction

5.1. Unless otherwise specified, the Products displayed on the Platform is presented solely for the purpose of sale in India. Mesky make no representation that the Products as available on the Portal from Brands are appropriate or available for use in other locations/countries other than India. Those who choose to access Platform from other locations/countries other than India do so on their own initiative and Mesky is not responsible for supply of Product(s) or for any refund for the Products ordered from other locations/countries other than India or for compliance with local laws, if and to the extent local laws are applicable.

5.2. The laws of India shall apply and courts in Mumbai in exclusion of any other courts shall have jurisdiction in respect of all the terms of this Policy. Mesky reserves the right to make changes, amendment, addition, or deletion to the terms of the Policy at any time and without notice to you. For all matters related to or arising out of this Policy, the courts of Mumbai shall have exclusive jurisdiction.

5.3.Any disputes arising from this Policy will be settled in accordance with the provisions stated in the Terms and Conditions of Mesky.

6. Disclaimer of Warranties and Liability

6.1. On the Portal, all the Services made available to you are provided on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified expressly by Mesky.

6.2. Mesky makes no representations or warranties as to the quality, suitability or merchantability of any Product(s) and Mesky shall not be liable for any refund or replacement on grounds other than those specified in this Policy read with T&Cs and other policies on the Portal.

6.3.The User expressly acknowledges and agrees that the Brand is solely responsible for the damaged or defective Product or a Product that does not meet the specifications of Your original order or delayed delivery of the order or delivery of the Product with one or more Products or accessories missing and for any claims that You may have in relation to such Products. Mesky shall not in any manner be held liable for the same.

6.4.In the event of dispute, Mesky will coordinate with User and the Brand to reach an amicable solution. Mesky is only a facilitating link and an “Intermediary” as per definition under Information Technology Act, 2000 and rules framed thereunder, between the User and the Brand and Mesky will not be liable in any manner.

6.5. You agree not to dispute the decision made by Mesky and accept Mesky’s decision regarding the refusal/refund/cancellation as final and further agree not hold Mesky liable in this regard.

6.6. The User understands and agrees that the Product(s) on the Portal are generally intended for normal domestic and consumer use and not for resale or commercial use.

6.7. Mesky reserves the right to modify the rules in this Policy at any time.

8. Dispute Resolution

8.1. Any dispute with regard to this Policy will be settled in accordance with the Dispute Resolution mechanism as stated in the T&Cs.

8.2.In case of any discrepancy in the status of pick-up of a Product arranged by us, (where you claim the product has been returned, while our system suggests otherwise) refund will be initiated only if you successfully furnish the courier slip given by our assigned logistics service provider at the time of the pick-up.

9. Communications

9.1. You will be required to provide a valid email address and phone number in order to avail the Services provided by the Portal. By registering Your email address and phone number with Mesky, You consent to be contacted by the Us via email, phone calls or SMS notifications for any order or shipment, delivery, return, refund, cancellation, payment or offer related updates or otherwise. Mesky may notify or communicate with You by e-mail, SMS, phone or by posting notices on the Portal or by any other mode of communication.

10.Additional Terms

10.1.If a User has purchased Product(s) which form a part of a package of other Products, or if the Product forms a part of any promotional package with discount (collectively, the “Bundled Package”), the User shall be required to return all the Products that form a part of the Bundled Package for Mesky to process refunds. It is hereby clarified that if the Bundled Package consists of any non-returnable Product along with other Products, the User shall return all other Products except the non-returnable Products.

10.2. Mesky will not be liable for the Product(s) returned by mistake. In circumstances where an extra or a different Product is returned by mistake, Mesky would not be accountable for misplacement or replacement of the Product and is not responsible for its delivery back to the User.

10.3.In the event of frivolous or baseless complaints or requests regarding the quality or content of the Product(s), we reserve the right to take necessary legal actions against you and you will be solely liable for all costs incurred by us in this regard.

10.4.The T&C of Mesky may be further supplemented by Product specific conditions, which may be displayed with that Product. This Policy here should be read in conjunction with the any specific terms and conditions applicable to a Product which can be found on Product descriptions section on the Portal for the purpose of return of the Product.

10.5.Mesky shall make all reasonable attempts to keep the User apprised of the status of refund through updates shared on the User’s registered mobile number and email address. Mesky disclaims all liabilities that may arise on account of its failure to keep the User apprised of the status of the refund.

Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate third party.