Terms and Conditions

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (“User”, “Customer”, “you” or “your”) and MDS Mart (“MDS Mart”, “we”, “us” or “our”), the owner and operator of the website www.mdsmart.in (the “Website”), governing your access to and use of the Website and the purchase of products from it.

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules made thereunder, as applicable, and is published in accordance with the Consumer Protection (E-Commerce) Rules, 2020. It does not require any physical or digital signature.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR PLACING AN ORDER. BY ACCESSING THE WEBSITE, REGISTERING AN ACCOUNT OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS, THE PRIVACY POLICY, THE SHIPPING POLICY, THE REFUND POLICY AND THE CANCELLATION POLICY, WHICH TOGETHER FORM PART OF THESE TERMS.

1. DEFINITIONS

1.1 “Products” means the decorative lighting products and related articles, including wall lights, hanging lights, gate lights, lamps and similar goods, offered for sale on the Website.

1.2 “Order” means a request placed by a Customer through the Website for the purchase of one or more Products.

1.3 “Account” means the registered user account created by a Customer on the Website, whether by e-mail and password or through Google Sign-In.

1.4 “Policies” means the Privacy Policy, Shipping Policy, Refund Policy and Cancellation Policy published on the Website.

2. ELIGIBILITY

2.1 You may use the Website and place Orders only if you are eighteen (18) years of age or older and are competent to contract under the Indian Contract Act, 1872. Persons below eighteen (18) years may use the Website only under the supervision and with the consent of a parent or lawful guardian, who shall be responsible for all Orders and acts done through such use.

2.2 The Website and the sale of Products are intended for Customers located in India only. Orders for delivery outside India are not accepted.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 To place an Order, you must register an Account by providing your name, e-mail address, mobile number and password, or by logging in through your Google account. This requirement enables us to link each Order to a registered Customer and to provide reliable order tracking and support.

3.2 You agree to provide information that is true, accurate, current and complete, and to update it promptly if it changes. We may suspend or terminate any Account that contains false, misleading or incomplete information.

3.3 You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify us immediately at the contact details given below of any unauthorised use of your Account. MDS Mart shall not be liable for any loss arising from your failure to safeguard your credentials.

4. PRODUCTS AND PRODUCT INFORMATION

4.1 We make reasonable efforts to describe and display the Products accurately, including their images, dimensions, materials, finishes and specifications. However, the colours and appearance of Products as displayed on your device may vary due to screen settings, lighting conditions and photography, and minor variations in finish, shade, size or design may occur. Such minor variations shall not constitute a defect.

4.2 Decorative lighting products may be made of materials such as metal, glass, wood, acrylic, fabric and other components. Customers are advised to review the product description, dimensions, bulb or holder type and any other specifications carefully before placing an Order.

4.3 Unless expressly stated on the Product page, bulbs, lamps, bulb holders, drivers or other accessories may not be included with the Product. The Product page shall be the final reference as to the contents of the package.

4.4 All Products are subject to availability. Products that are out of stock are not available for purchase, and an Order cannot be placed for them.

5. PRICING

5.1 All prices on the Website are stated in Indian Rupees (INR) and are inclusive or exclusive of applicable taxes as displayed at the time of purchase. Shipping charges, where applicable, are calculated on a per-Product basis and are displayed before you confirm payment.

5.2 We reserve the right to change the prices of Products, to modify or discontinue any Product, and to alter any offer or discount at any time without prior notice. The price applicable to your Order shall be the price displayed at the time you place the Order.

5.3 Despite our efforts, an error may occasionally occur in the price or description of a Product. Where a Product is found to have been listed at a manifestly incorrect price or with a material error, we reserve the right, at our sole discretion, to cancel the affected Order, whether or not it has been confirmed, and to refund in full any amount paid by you in respect of such Order.

6. PLACING AND ACCEPTANCE OF ORDERS

6.1 Your placement of an Order constitutes an offer to purchase the Products. A binding contract of sale between you and MDS Mart arises only when your payment is successfully received and we confirm the Order.

6.2 We reserve the right to refuse, limit or cancel any Order at our discretion, including in cases of suspected fraud, unauthorised transactions, non-serviceable delivery locations, incorrect or incomplete information, or violation of these Terms. In such cases, any amount paid by you shall be refunded in accordance with the Refund Policy.

6.3 You are responsible for ensuring that the delivery address and contact number provided at the time of the Order are complete and accurate.

7. PAYMENT

7.1 Payments on the Website are processed through Razorpay, a third-party payment gateway, using the payment modes made available at checkout, such as cards, UPI, net banking and wallets, subject to the terms of the payment gateway and your bank or card issuer.

7.2 Cash on Delivery (COD) is not currently available on the Website. We may introduce it in the future, in which case the applicable terms will be published on the Website.

7.3 You represent and warrant that you are lawfully entitled to use the payment instrument used for your Order. MDS Mart is not responsible for any failure, delay, decline or error in a transaction attributable to the payment gateway, your bank or any other financial institution. If an amount is debited from your account but the Order is not confirmed, the amount will be reversed to the source account in accordance with the applicable banking timelines.

8. SHIPPING, RETURNS, CANCELLATION AND REFUNDS

8.1 The delivery of Products is governed by our Shipping Policy, returns and refunds are governed by our Refund Policy, and the cancellation of Orders is governed by our Cancellation Policy. These Policies are incorporated into and form an integral part of these Terms. By placing an Order, you confirm that you have read and accepted them.

8.2 The current online cancellation window is 2 days (48 hours) from order placement and before dispatch, through My Orders → Help → Cancel Order. The return-request window is 2 days (48 hours) from actual delivery. Return requests require a genuine product problem and relevant photo/video evidence, remain pending until reviewed and do not automatically cancel an Order or issue a refund. Applicable consumer rights and the detailed exceptions in the linked Policies remain unaffected.

9. ELECTRICAL SAFETY AND INSTALLATION

9.1 Lighting Products are electrical goods. You are advised to have all Products installed, wired and serviced by a qualified and licensed electrician in accordance with the instructions provided, the rated voltage and wattage of the Product, and applicable electrical safety standards.

9.2 MDS Mart shall not be liable for any damage, injury, loss or fire arising from improper installation, use of incorrect bulbs, overloading, unsuitable wiring, voltage fluctuations or power surges, exposure of indoor Products to rain or moisture, modification of the Product, or use of the Product contrary to the instructions or its intended purpose.

9.3 Products intended for outdoor use, such as gate lights, should be used only where the Product description states that they are suitable for such use.

10. WARRANTY AND DISCLAIMER

10.1 MDS Mart does not provide any warranty on the Products unless a warranty is expressly stated on the relevant Product page or in the Product documentation. Where a manufacturer’s warranty is provided, it shall be governed by the terms of such manufacturer and any claim shall be subject to those terms.

10.2 Nothing in this Clause affects your statutory rights as a consumer under applicable law, including the Consumer Protection Act, 2019.

11. PRODUCT REVIEWS

11.1 Only registered Customers who have placed an Order may submit reviews of the Products purchased by them. Reviews must be genuine, based on your own experience, and relate only to the Product.

11.2 You must not post any review or content that is false, misleading, defamatory, abusive, obscene, unlawful, infringing of any third-party right, or that contains personal information of any other person, advertisements or links.

11.3 By submitting a review, you grant MDS Mart a non-exclusive, worldwide, royalty-free, perpetual and sublicensable right to use, reproduce, display and publish such review on the Website and in our marketing materials. We reserve the right to edit, refuse to publish or remove any review at our sole discretion.

12. INTELLECTUAL PROPERTY

12.1 All content on the Website, including text, graphics, logos, product images, designs, layout, software and the name “MDS Mart”, is the property of MDS Mart or its licensors and is protected by applicable intellectual property laws.

12.2 You may not copy, reproduce, modify, distribute, republish, display, scrape or commercially exploit any content of the Website without our prior written permission. You are granted a limited, non-exclusive, non-transferable and revocable licence to access the Website for your personal, non-commercial use.

13. PROHIBITED CONDUCT

13.1 You agree not to:

(a) use the Website for any unlawful, fraudulent or unauthorised purpose;
(b) provide false identity, address or payment information, or use another person’s account or payment instrument without authority;
(c) attempt to gain unauthorised access to the Website, its servers, networks or other users’ accounts;
(d) introduce any virus, malware or harmful code, or interfere with or disrupt the Website;
(e) use any robot, spider, scraper or automated means to access or extract data from the Website;
(f) place Orders for the purpose of resale in a manner that violates these Terms or applicable law, or make fraudulent returns or refund claims; or
(g) violate any applicable law, regulation or the rights of any third party.

13.2 MDS Mart may suspend or terminate your access, cancel your Orders and take appropriate legal action in case of any breach of this Clause.

14. THIRD-PARTY SERVICES AND LINKS

14.1 The Website relies on services provided by third parties, including payment, logistics and authentication services, and may contain links to third-party websites. MDS Mart does not control, endorse or accept responsibility for the availability, content, policies or conduct of such third parties.

15. AVAILABILITY OF THE WEBSITE

15.1 We endeavour to keep the Website available at all times, but we do not guarantee uninterrupted or error-free access. The Website may be unavailable from time to time due to maintenance, technical faults, internet or power failure or other causes beyond our reasonable control. The Website and its content are provided on an “as is” and “as available” basis, to the extent permitted by law.

16. LIMITATION OF LIABILITY

16.1 To the maximum extent permitted by applicable law, MDS Mart, its proprietor, partners, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profit, revenue, data or goodwill, arising out of or in connection with your use of the Website or the Products.

16.2 Without prejudice to the foregoing, the total aggregate liability of MDS Mart in respect of any claim arising out of or relating to an Order shall, to the extent permitted by law, be limited to the amount actually paid by you for the Product(s) giving rise to the claim.

16.3 MDS Mart shall not be liable for any delay or failure in performance caused by courier partners, payment gateways, banks or other third parties, except as expressly provided in our Policies.

17. INDEMNIFICATION

17.1 You agree to indemnify, defend and hold harmless MDS Mart, its proprietor, employees and agents from and against any claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising from your breach of these Terms or the Policies, your violation of any law or the rights of any third party, or any content submitted by you.

18. FORCE MAJEURE

18.1 MDS Mart shall not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, including natural calamities, floods, fire, epidemics, strikes, lockouts, riots, war, acts of government, curfews or restrictions, failure of public utilities, internet or telecommunication failure, or disruption of transport and courier services.

19. SUSPENSION AND TERMINATION

19.1 We may suspend or terminate your Account and your access to the Website at any time, with or without notice, if you breach these Terms or if we are required to do so by law. You may stop using the Website at any time and may request closure of your Account by writing to us, subject to the completion of any pending Orders and our legal obligations to retain records.

19.2 Provisions of these Terms which by their nature should survive termination, including those relating to intellectual property, limitation of liability, indemnification and governing law, shall survive termination.

20. PRIVACY

20.1 Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use and protect your Personal Information. By using the Website, you consent to the practices described in the Privacy Policy.

21. NOTICES AND COMMUNICATIONS

21.1 By using the Website, you consent to receive communications from us electronically, including by e-mail, SMS, WhatsApp and notices on the Website. All notices to MDS Mart must be sent in writing to the e-mail address given below.

22. GOVERNING LAW AND JURISDICTION

22.1 These Terms and the Policies shall be governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.

22.2 Any dispute, claim or controversy arising out of or relating to these Terms, the Policies, the Website or any Order shall first be attempted to be resolved amicably through good-faith discussion between the parties. If the dispute is not so resolved within thirty (30) days of written notice, it shall be subject to the exclusive jurisdiction of the competent courts at Delhi, India.

23. GENERAL PROVISIONS

23.1 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

23.2 Waiver. Failure by MDS Mart to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

23.3 Entire Agreement. These Terms, together with the Policies, constitute the entire agreement between you and MDS Mart regarding the use of the Website and supersede all prior understandings.

23.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. MDS Mart may assign its rights and obligations to any successor to its business.

23.5 Headings. Headings are for convenience only and do not affect the interpretation of these Terms.

24. AMENDMENTS

24.1 We reserve the right to amend these Terms and the Policies at any time. The amended version will be published on the Website with the revised “Last Updated” date and shall apply to all use of the Website and all Orders placed after such publication. You are advised to review these Terms periodically. Your continued use of the Website constitutes acceptance of the amended Terms.

25. CONTACT INFORMATION

25.1 For any questions, complaints or clarifications regarding these Terms or the Website, please contact:

(a) Email: mdsmartindia@gmail.com
(b) Telephone / WhatsApp: +91 7253011525
(c) Website: www.mdsmart.in