Terms & Conditions
Terms
- ACCOUNT & ACCESS-CREATION, CREDENTIALS, TERMS & LICENSE T0 USE
- Confidentiality: Being a user of Portal, you shall be responsible for keeping your credentials including the account ID and password confidential. You should inform us immediately, if you know or suspect that your credentials have become known to anyone else, and are used or are likely to be used unauthorized.
- Credibility: While creating your account on the Portal, you shall provide correct information and should not use the personal data or information of any other person.
- Security: It shall be your responsibility to restrict access to your computer/ phone or any other digital medium, to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur, while using your credentials i.e., your account or password.
- Change in Account: Any changes in your phone number, address or other identifiers should be immediately communicated to us. We owe no responsibility for any loss caused to you, due to change in your phone number, address and other information provided by you.
- Personal Usage: You agree, undertake and acknowledge that you shall use your account on the Portal to purchase products only for your personal use and not for commercial business purposes.
- Change, restriction and deletion of Account: We reserve our rights to change, restrict and delete your account, without any prior notice and without communicating the reason for such action.
- Access to the Portal: On acceptance of these Terms of Use and Privacy Policy and on payment of any applicable fees, you have been granted a limited license to access and make personal use of the Portal, subject to the restrictions enlisted in the Terms of Use.
- You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Portal, as long as the link is not used for any false, deceptive, disparaging, or otherwise offensive matter. However, while doing so, you cannot have used any intellectual property like any trademarks or marks of S MEGA MART or its holding company, affiliates and subsidiaries. Further, in case you use the right to create the hyperlink, we owe no responsibility and liability towards the correctness of the same, any promises or commitments made by you in publishing the said hyperlink and any other statements, commitments and offers made by you, without prior written consent of MEGA MART
- DIGITAL COMMUNICATION
- ACCOUNT & ACCESS-CREATION, CREDENTIALS, TERMS & LICENSE T0 USE
You Communicate with us electronically, as and when you access the Portal or shop at Portal or communicate with us for queries, suggestions etc. Thus, you are required to provide a valid phone number, which should be registered in your name or which you have been duly authorised to use, while placing an order with us. Any communication addressed to you by us, will be by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. You hereby on acceptance of these Terms of Use, provide your unequivocal and irrevocable consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website. Further, by submitting your phone number you authorise us to override your DND restrictions and waive your rights against any unsolicited communication.
- PRIVACY POLICY
Kindly access our Privacy Policy to understand the privacy practices
- INTELLECTUAL PROPERTY RIGHTSACCOUNT & ACCESS-CREATION, CREDENTIALS, TERMS & LICENSE T0 USE
- All Intellectual Property Rights in the Portal, on the content of the Portal including but not limited to the look, feel, content, graphics, audio, video, compilations, declarations, texts, including the software enabling the Portal and its ancillary functions, vests in and is the property of S MEGA MART , its holding company, subsidiaries and affiliates and is protected by Indian and international intellectual property laws, treaties and regulations.
- The Trademark ‘Vishal Mega Mart’ and all other trademarks including the marks used on the products and trade-dresses/designs of the products and all other intellectual property rights in the domain name, are sole intellectual property, used by S MEGA MART
- All software used on this website is the property of S MEGA MART its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
- You are not allowed/authorised to and you shall not extract/ or re-utilize parts of the contents of the website without express written consent from us. You shall be having no right to reverse engineer the Portal, utilize any data mining, bots, or similar data consolidation and extraction tools to reverse engineer or to use any part of the Portal and its features, without a prior written consent ofS MEGA MART
- You shall not claim any rights of S MEGA MART Limited in any part of the intellectual property of the Portal or its content and shall not object to any applications filed by S MEGA MART or its holding company, affiliates and subsidiaries, with the respective authorities for registration of marks, patents and copyrights. Further, you shall not file for any claim or ownership of any trademark, marks, Portal or parts/contents of the Portal, as may be owned by Airplaza Retail Holdings Private Limited or its holding company, affiliates and subsidiaries or to approach authorities to file any applications for registration of any marks, patents and intellectual property of any kind, which is either similar or deceptively similar or which in any way violates the intellectual property rights of S MEGA MART or its holding company, affiliates and subsidiaries
- PRICING, DELIVERY, RETURNS, EXCHANGE, PRODUCT PROPERTIES
- Pricing:The pricing of the products, mentioned on the Portal is the price offered for sale of the respective product. However, the same is subject to any change, revision and discounts, as per the company pricing policy and can be changed without any prior notice to you and before the sale is completed. Further, the said price is a full price of the respective product and exclusive of the shipping and delivery charges, unless specified otherwise. Though all the efforts are made to list the products with correct price on the Portal, but due to any technical or system issue, mispricing is possible. In such a case following actions will be taken.
- If the correct price of the product is lower than the stated price, you will be charged with the lower amount, viz. the correct price of the product.
- If the correct price of the product is higher than the stated price, than we shall be having a right, in our sole discretion, to either contact you and seek your consent to ship the product at the correct price or cancel the order and send you a notification of such cancellation and its reason.
- In case you find out that a product has been shipped to you at a higher price and the correct price of the product is lower than the billed price, you may connect with the grievance officer and post verification, the excess amount will be either refunded to you or credited to your account, from which you have made the payment.
- Delivery :The availability details for products sold at the Portal shall be posted on the respective pages of the Portal. It is to be noted that dispatch/delivery estimate timing are indicative only and the same are not guaranteed by us in any manner, whatsoever, accordingly the timing should not be relied upon as such and the same may be subject to various factors affecting the timely delivery. While delivering the order placed by you, in case, you are not available at the address mentioned while placing the order on the Portal, the order shall be left at the given address, in case the address is a part of a gated and secured society and you shall be communicated on the same. However, in case of any other address, which is unsecured, in case you are not available at the given preferred address, at the preferred time, the order shall be taken back to the nearest retail store and You shall be required to pick your order from the concerned store and in no case any refunds on this accounts will be entertained and You shall not be entitled for a refund against such returned order. For your convenience, we will send you an SMS intimating about the details of the retail store from where you can pick your order.Further, in such case of pickup of the order, you shall not be entitled to refund of the delivery charges.In case any item from the order is not available, balance items of the order will be delivered and the amount charged for the unavailable item shall be refunded to You, in the same mode, from which you had made the payment.In case, for any reason, your order is not shipped to you or we are not able to ship your order, for any reason whatsoever, you shall be intimated, in advance, by way of your preferred mode of communication, as may be selected by you in your account on the Portal and any amounts paid by you for the said order, shall be refunded to you electronically, in the same mode of payment from which you had made the payment.You may check the preferred location of delivery, before placing the order. Change of location of delivery, after placing of order, shall not be fulfilled. Further, multiple products under one order cannot be delivered or scheduled to be delivered at different location. If you want us to deliver different parts of your order, at different locations, you should place different orders of different products for separate locations.In case you avail the store pick-up of your order, you will be provided with a Pick-up Code. You shall be required to furnish the said Pick-up Code with the retail store staff, at the time of the pick-up. In the event you fail to produce the said Pick-up Code, no order will be handed over to you. We strongly advice against sharing of such Pick-up Code and in case some else presents the said Pick-up Code to the store staff and picks the order, we disclaim all liabilities against the same and you shall not be entitled for any refunds against the said order.
- Refund, Return, Exchange:Kindly access our Refund/Return/ Exchange Policy to understand.
- Product Properties:We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered at the Portal itself is not as described, your sole remedy is to return it in unused condition, as per the Return Policy.The sizing of the apparels listed on the Portal depends on the cut, nature of fabric and the style embedded. As per the cut and fit some garments are designed to have a relaxed and loose fit and other may be designed to be more fitted. You may check the size references given on the Portal, before placing the order. However, in case you still receive a garment, which is not fit for you in terms of size, you may exchange the same as per the Exchange Policy of the Company.Certain products listed on our Portal come with specific properties, directions of use and care instructions. You should look at the same and deal/handle the product in compliance with such guidelines and norms. Company shall not be liable for any damage to any product, that may be caused due to mishandling of the product and not following the above stated instructions and guidelines.All the products listed on the Portal are meant for specific purpose and you should check the usability and appropriateness of the product for intended use, before the purchase. No claims of refunds, returns or exchange, on the basis that the you are not able to use the product as per your intended usage, will be entertained.Since the Portal will be used in the digital form, the look of the product may differ from the actual, in terms of color and texture, owning to various reasons including the specifications of the device used by you for accessing the Portal.All products, which are supported with a warranty, will be delivered with the respective warranty cards and conditions. Unless there are express claims of warranty with the product, on the Portal, no implied warranty can be attributed to the product and company owes no liability toward any warranty of such products. You are advised to check the warranty terms and respective documents at the time of delivery of the Product. No claims shall be entertained with regard to warranty attached to the product and/or related to non-receipt of the warranty documents, post the date of delivery.
- Pricing:The pricing of the products, mentioned on the Portal is the price offered for sale of the respective product. However, the same is subject to any change, revision and discounts, as per the company pricing policy and can be changed without any prior notice to you and before the sale is completed. Further, the said price is a full price of the respective product and exclusive of the shipping and delivery charges, unless specified otherwise. Though all the efforts are made to list the products with correct price on the Portal, but due to any technical or system issue, mispricing is possible. In such a case following actions will be taken.
- TAXESYou shall be liable and responsible for payment of all fees/costs/charges/taxes (including but not limited to VAT/GST/Service Tax), associated with the purchase of products from us on the Portal, as may be applicable on the sale, by virtue of the relevant laws in force. In case any additional direct & indirect tax , duty or cess is levied on the transactions made by you on the Portal, such as different state deliveries, you will be liable to pay such taxes, duties and levies and due to the same the cost of purchase may increase from the price mentioned on the Portal.
- DISCLAIMERSWe disclaim all liabilities and responsibility against:
- WARRANTIESThe Portal has been offered to use to you on as is where is basis. We make no, express or implied warranties of any kind, with regard to the Portal, products listed on the Portal and the content of the Portal. You expressly agree to use the Portal at your sole risk.We disclaim all warranties, to the extent permissible under the Indian Law, express or implied, including but not limited to warranties of merchantability, usability, fitness for purpose, except the warranties expressly provided under the Terms of Use.
- OBJECTIONABLE CONTENTWe disclaim all liabilities towards any objectionable content posted on the Portal by any third party, in any manner including yours and other third party’s reviews, comments and other contents on the Portal and any other platform of communication as may be used by and between you and the Company. In case you believe that any content of the Portal is objectionable due to the reasons of being deceptive, misleading, obscene, defamatory, promotes racism, sexually explicit or otherwise, you may raise your concern to the Grievance officer and suitable actions will be taken, as per the company policy in this regard.
- ACCURACY OF INFORMATIONWe disclaim all liabilities towards any loss caused to you, due to the reason that the information provided by you on the Portal is incorrect. Further, we also disclaim any liabilities due to any incorrect information posted on the Portal with regard to details, descriptions and prices of the products or against any errors, inaccuracies, omissions and/or revision of information.
- PERFORMANCE OF PORTALThough we endeavor to keep the performance of the Portal at optimum level but at the same time we disclaim all liabilities against any claims of dysfunction of the Portal, glitches, non-performance, non-responsiveness and downtimes. The Portal may be subject to scheduled and un-scheduled downtimes and we accordingly disclaim all liabilities against it.
- INJURY DUE TO USEAny injury of any kind whatsoever, as may be caused to you or any third party, due to usage of Portal or the products purchased through the portal.
- BUGS, VIRUSES OR LIKESAny bugs, viruses, ransomware, malware or likes, as may be transmitted to your devices through the Portal or by any third party through our Portal.
- UNAUTHORISED USE AND BREACH OF DATAAny unauthorized use of or access to yours and others information, including but not limited to private, sensitive, financial and transactional information, as may be accessed and stored on the Portal or on our servers. Any breach of data stored on the servers of the company and consequent losses.
- LIMITATION OF LIABILITYIN NO EVENT SHALL AIRPLAZA RETAIL HOLDINGS PRIVATE LIMITED, ITS HOLDING COMPANY, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL AND DIRECT DAMAGES, LOSS OR COMPENSATION OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF YOU/USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
- MINOR USERSThe access to the Portal is only available to persons who are competent to enter into a valid and binding contract under the provisions of the Indian Contract Act, 1872. In case, you are minor under the respective laws of India, then you may use the Portal under the supervision of a parent or guardian.
- ONLINE RETURNS & EXCHANGE POLICY – We are pleased to inform that we have NO QUESTIONS ASKED return / exchange policy*.
- In case the Customer have been delivered a different or damaged product, the Customer may reject the delivery, at the time of delivery itself and the Customer will not be entitled to return the product, once the Customer have received the product and to claim the product to be different and damaged.
- The Customer may cancel any order, till the time the order has been picked by the delivery partner, for delivery at the preferred address as may be provided by the Customer. Once the order is out for delivery, no order can be cancelled. Further, in case the order placed by the Customer on the Portal has reached the preferred address of the Customer, the Customer shall not be entitled to cancel the order and in case of any refusal to receive the order, the order shall be left at the Customer’s preferred address, as mentioned by the Customer on the Portal while placing the order and the Customer shall not be entitled to any refund against the said order.
- Return or Exchange of Apparels & clothing:
- We are pleased to inform that we have NO QUESTIONS ASKED return / exchange policy*.
- Return or exchange of General Merchandise (other than Apparels, Clothing, Food, Cosmetics, toiletries, grocery):
- For Curtains, please bring the item for return along with invoice and original packaging with tags to your nearest S Mega Mart within 15 days for returns or exchange.
- For home & kitchen items products are NON-RETURNABLE. Except appliances, refund or replacement is only applicable in an unlikely event of damaged or different/wrong item delivered to you. You can reject delivery of at doorstep or bring the item along with invoice to your nearest Vishal Mega Mart store within 5 days of order delivery.
- For appliances & travel, where warranty is available, warranty policy of the respective brand applies.
- Return or exchange of FMCG (Food & grocery, including toiletries, cosmetics etc.):
- For Grocery, in the unlikely event of damaged, rotten or wrong item delivered to you, please bring the item for return along with invoice to your nearest Vishal Mega Mart within 5 days for returns or exchange.
- Please note that you can take your money back by availing credit note with a validity of 30 days, which can be used to purchase any item in store of same value or avail online refund, where money is credited back to the source.