Terms & Condition
These Terms and Conditions of Use shall apply to all Users who access the Website (as defined below) and to all Persons to whom Services are provided by Mirorma, a Registered Private Limited Entity, the owner of the Website, through the Website.
The Website is essentially an online platform where Authorized Users may browse and purchase artwork, Products, furnishings and other Products listed on the Website, primarily designed and manufactured by amateur artists and designers.
Access to the Website and the Services is subject to your compliance with and acceptance of these Terms and Conditions of Use, the Privacy Policy (found here), the Disclaimer (found here) and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services, collectively referred to as “the Terms”.
Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter “the User Agreement”) between a User and Mirorma vis-à-vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith.
Acceptance of the Terms, Modifications and Consequences of Violation of the Terms
Please ensure that you read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your absolute and unqualified acceptance thereof. If you do not agree with any of the Terms, please do not access the Website or use the Services. If you have any questions about the Terms, please contact us on inf@lumifie.in
Use and access of the Website and the Services is void where prohibited. By using the Website or the Services, the User agrees that the User’s consent and acceptance of the Terms have been given freely, with full knowledge of the nature of the terms and without fraud, coercion or undue influence. By using or accessing the Website or Services, the User further represents that the User has the necessary capacity to contract under Indian laws or the laws applicable to the User and is capable of performing the obligations required of the User under the Terms. The User shall be obliged to inform Mirorma of any subsequent disability to contract, upon which Mirorma shall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User.
Mirorma may amend/modify the Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified.
In the event that you access or use the Website or the Services in contravention or violation of any of the Terms, Mirorma shall be entitled to terminate the User Agreement immediately, block your Website Account and remove any information or posting which is does not comply with the terms or any law in force in India. Mirorma shall also be entitled to block access by you to the Website and/or seek any additional relief as available under law.
Definitions
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:
- “Artist/Manufacturer/Packer” shall mean the Person who has offered to sell the Products on the Website, created, manufactured, designed or packed by such Artist/Manufacturer /Packer;
- “Date of Commencement” shall mean the date on which the User Agreement comes into force or is deemed to come into force between the User and Mirorma, and shall be the date from which a User first accessed or uses the Website or registers with the Website or begins availing the Services, whichever is earliest.
- “Date of Termination” shall mean the date on which the User Agreement is terminated in accordance with the Terms.
- “Mirorma” or “the Owner” or “we/our/us” shall mean Mirorma LLP, a Registered Private Limited Entity, incorporated under the laws of India, having its registered of office at 10, 1st Main, 1st Block, Koramangala, Bangalore – 560 034, being the owner of the Website and its representatives, officers, successors and assignees.
- “Intellectual Property” shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, Products and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered.
- “Person” shall mean shall include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated.
- “Products” shall mean various Products displayed by the Owner on the Website offering for sale various Products including but not limited to printed artwork, printed photographs, fixtures, household Products and furnishings;
- “Registered Account” shall mean the account granted to a Registered User with the Website after registration by the User with the Website which may be used for future transactions as well.
- “Services” shall mean the services offered by Mirorma on the Website to an Authorized User, whereby such Authorized User may browse different Products offered for sale on the Website and purchase the same, subject to the Terms. Except for the above, the Owner does not represent or undertake to provide any other Services of any nature whatsoever to a User.
- “Terms” shall mean collectively the Terms and Conditions of Use, the Privacy Policy, the Disclaimer of the Website and any other terms and conditions which may be applicable to availing the Services as detailed in the relevant page pertaining to such Services as amended or modified from time to time.
- “User(s)” or “You/Your” shall include both Authorized Users and Unauthorized Users. An “Authorized User” shall include: (i) Registered Users, i.e., Persons registered with the Website with a User login ID and password and who hold Registered Accounts, (ii) Guest Users, i.e. Persons other than Registered Users who transact on or access the Website with the intention to browse or purchase the Products available for a purchase without a Registered Account in the manner stated below, and (iii) persons other than Unauthorized Users. An “Unauthorized User” would mean any Person who does not have a legal right to access the Website or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same.
- “User Agreement” shall mean the legally binding contract deemed to exist between a User and Mirorma and shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind Mirorma to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder.
- “Website” shall mean the e-commerce website “www.lumifie.in” and further web pages/websites created by or on behalf of Mirorma related to the above-mentioned site.
- “Website Account” shall include references to Registered Accounts and for the purposes of application of the User Agreement, shall also include Guest Users and their login accounts/IDs.
The singular includes the plural and vice versa, and words importing a gender include other genders.
All references to requirements of notice to, permission or consent of, or communication with the Owner shall be construed as being required to be given to, or received from, the authorized personnel alone of the Owner.
Browsing, Access and Placing Orders on the Website
You may access the Website for obtaining information on the Products offered for sale on the Website, availing of the Services, obtaining other information (without violation of the User Agreement) and related matters. Access and use of the Website is prohibited for Unauthorized Users.
When you access the Website or in order to make a transaction or a purchase on the Website, you may do so either through (i) creating a Registered Account, i.e., registering yourself on the Website (in which case you will be provided with a User login ID and password by providing certain information – you may use this Website Account for future transactions or interactions with the Website as well) or (ii) as a Guest User, in which case you may be required to provide certain contact information, through which all correspondence relating to a transaction will take place.
We recommend that you create a Registered Account when you use the Website for the following reasons, amongst others:
- We provide information about our promotions, offers and discounts to our Registered Users regularly;
- Certain details, such as shipping addresses and contact details, will be stored for future transactions as well; and,
- You can also browse the history of your Registered Account including past transactions;
You may be required to submit certain information mandatorily in order to open a Website Account or avail of the Services. In the event that you do not submit such information, the Owner shall have the right to restrict the nature of Services made available to you and may also refuse to provide all or any Services to you. All such mandatory information as well as optional information shall be true and correct in every aspect. You shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. The Owner shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to the Owner or for ensuring the authenticity of any information. For more information on the Owner’s and User’s liabilities for information, please see the Disclaimer available here.
Website Account Access
- The User shall keep confidential and not disclose to any Person information pertaining to the User’s Website Account and all activities carried out by the User through his/her Website Account.
- The User shall access the Website and avail the Services only through his own Website Account validly created and shall not permit any other Person to use or access the Website or Services through the User’s Website Account.
- The User shall immediately notify the Owner of any unauthorized use of the User’s Website Account or any other breach of security known to the User vis-à-vis the Website Account.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Website and the Services.
- The User shall be fully liable for all transactions and activity carried out through the User’s Website Account, unless the User has informed the Owner about any hacking, breach of security or unauthorized access of the Website Account, whether past, possible or threatened.
Placing of Order and Payment
Once you access the Website as a Registered User or a Guest User, you may go through the various Products displayed on the Website and choose the ones you would like to purchase.
Prices of the Products displayed on the Website are deemed to be a part of the Terms and are subject to change.
After your order is finalized and confirmed, you may make payment for your order in several ways:
- Payment by debit cards or credit cards
- Internet banking
- Cash Collection, whereby our representative will collect the payment for the order in cash from your doorstep, after which your order will be processed and dispatched.
Some of these payment methods may not be available at all times, and you may be required to choose another form of payment. Further, each payment method you choose may be subject to certain restrictions or conditions as detailed in these Terms.
Where you use a debit card, credit card, you must provide us with the correct information pertaining to the cardholders name, card type, the card number, the card expiry date and the security code on the back of the card (if any), in order to make payment on the Website. You shall be responsible for the correctness of the information provided.
Once you choose a payment method, you will be redirected to a secure payment gateway where you will be required to complete your transaction.
Please note that such gateway is a third party site and will be governed by its own terms and conditions. We shall not be responsible for any activity, security breaches, claims or losses of any nature whatsoever that may occur on such site. For further information on our liability for third party sites, please see the Disclaimer available here.
Likeness and Similarity of Products Displayed not Assured
The Owner does not guarantee similarity or likeness with respect to the finish and appearance of the final Product ordered by you.
Shipping
We charge a shipping fee for all orders. This is subject to change and will be added to the value of your order at the time of placing it. This amount will be refunded in case of fully cancelled orders or returns on account of damaged Products, returns on account of non-conforming Products (for customized Products or framed artwork, framed prints or framed photographs) or returns on account of delay in delivery where a refund has been requested; however, you will not receive a refund of this amount in case of partly cancelled orders or returns except as stated above. Such refunds, if applicable, will be made by depositing the amount in the Cashback Account. If you would like a return of the money to you or your bank account, please contact Customer Care at info@lumifie.com.
The Products ordered by you will be shipped within the time indicated to you at the time of placing your order. This time period is applicable to places that are reachable by major courier agencies. If no such service is available, it will be shipped by Registered Post, which may take upto 3 (three) weeks.
All time periods indicated are exclusive of public holidays and Sundays.
All title and risk in the Products ordered by you shall pass from the Owner to you upon delivery by the Owner of the Products to the shipping agency.
Cancellation and Modifications of Orders
You may cancel an order after it has been placed, but before it has been processed. Processing normally takes about 24 (twenty four) hours from the time you confirm an order. Please get in touch with Customer Care at info@lumifie.com to cancel an order.
In the event of cancellations where the payments have already been made in any of the payment modes permitted, the amount of cancellation will be credited to your Cashback Account for future use. In the event that you would like a refund of the amount, please contact Customer Care at info@lumifie.com.
Orders once placed cannot be modified.
Returns and Damaged Products
Returns
You may return a Product purchased from the Website within 7 (seven) days of a purchase. A returned Product will be accepted by us provided that the Product is not damaged, defaced, altered or otherwise tampered with. For returns, you will need to produce the copy of the confirmed order and the signed receipt of delivery.
For returns, depending on your location, we will either (i) collect the returned Products from your shipping address, or (ii) intimate you of a pick up point in your city where you will need to drop the Products, from where our personnel will collect it.
The above terms of returns are not applicable to (i) customized Products (ii) framed artwork, framed prints and framed photographs, for which no returns are accepted.
Returns or Non-acceptance for Damaged Products, Non-conforming Products or a Delay in Delivery
In the case of damaged Products or non-conforming Products being delivered to you, you will need to make a claim for return on account of damage or non-conformance within 24 (twenty four) hours of delivery of the Products. We will not accept claims for damaged/non-conforming Products made after this time.
At the time of placing your claim with respect to damaged or non-conforming Products, unless you specifically indicate that you would like a refund, you will be provided with a replacement of the damaged/non-conforming Product.
You may also return or refuse to accept Products if there is a delay in the delivery of such Products, provided that such delay is solely attributable to the Owner and subject to Force Majeure.
We will collect damaged Products, non-conforming Products and Products returned on account of a delay as stated above from you from the pick-up point closest to you as specified by Customer Care.
In case of returns or cases where a refund has been requested for damaged/non-conforming Products or Products returned on account of a delay, the amount will be credited to your Cashback Account. If you would like a return of the money to you or your bank account, please contact Customer Care at info@lumifie.com.
Gift Wrapping
We also offer gift wrapping of Products at an additional charge of per Product as specified with the Product. These charges will be refunded if the order is cancelled in accordance with the terms of cancellation stated above or if there is a refund requested for in case of damaged Products, non-conforming Products or delayed deliveries as stated above in which case the amount will be credited to your Cashback Account. If you would like a return of the money to you or your bank account, please contact Customer Care at info@lumifie.com.
No refunds will be made in case of other returns.
Warranty
All Products sold/offered for display on the Website may carry warranty, if any, provided by the Artist/ Manufacturer/Packer. The Services provided by the Owner on the Website is that of an intermediary and a facilitator to make available a common platform where an Artist/Manufacturer/Packer can display their Products and a User can purchase the same on their own will and accord. The Owner does not take any liability/responsibility of any nature whatsoever with respect to a Product sold on its Website.
Use of Information
“Confidential Information” shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of the Owner or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by the Owner or a third party Person on behalf of the Owner to the User pursuant to access or use of the Website or the Services, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information.
The User hereto agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of the Owner and that he/she will use such confidential/proprietary information solely for the purposes of availing the Services.
Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a “need to know” basis and shall impose upon them the confidentiality obligations stated herein.
The obligation of non disclosure described in the Agreement however, will not be deemed to restrict the User from using and/or disclosing any of the Confidential Information which:
- is or becomes publicly known or within the public domain without the breach of the Terms;
- if the User is requested or required by law or by any Court or governmental agency or authority to disclose any of the Confidential Information, then the User will provide the Owner with prompt notice of such request or requirement prior to such disclosure.
No User shall use Confidential Information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User’s internal or personal purposes.
Any violation of the above terms by the User shall be treated as a material breach of the terms entitling the Owner to terminate the User Agreement, seek injunctive relief, damages and any other relief p