Terms of service

GENERAL CONSIDERATIONS AND SCOPE
Smera Mart- A-146, Sector 83, Noida, U.P.- 201305, India maintains the internet portal www.smeramart.in, a fashion online store (hereinafter "smeramart.in"). On smeramart.in customers will be offered goods. The offering on this site is only directed at end users of legal age. Goods will only be sold in normal household quantities. These terms and conditions find application in all contracts which members enter into via smeramart.in as well as all general business relationships between Smera Mart and its customers. Smera Mart does not accept any other terms and conditions unless explicitly stated otherwise. If periods are stated in working days, these include all weekdays except Saturday and Sunday and all statutory holidays.

1. USE OF SMERAMART.IN

1.1 As part of the registration as a customer of Smera Mart you will be asked to submit personal data. You are responsible for ensuring that the data is complete and correct. After you have completed the registration process, you will receive a confirmation of your registration by email. To facilitate access to the online service on smeramart.in, you will receive a password. You are obliged to treat this password and any other access data confidential and protected from access by unauthorized third parties. Smera Mart reserves the right to refuse registration without giving reasons.
1.2 You indemnify Smera Mart completely of any claim by third parties on first demand. By transmitting the contents to Smera Mart, you grant Smera Mart all exclusive rights of use over time, space and content without restriction, including transfer to a third party, which Smera Mart requires for publication and dissemination, even in part, to smeramart.in. Smera Mart is entitled to store or release content, and reserves the right of cancellation, reduction, modification or correction of such content.
1.3 Any person purchasing goods for the purpose of resale and any other commercial purpose has been excluded from the purview of “consumer”. In case the user buys the product from any channel such as our company owned website smeramart.in or marketplaces such as Amazon, Flipkart or any other channel, he or she should seek permission from Smera Mart for the use of the Smera Mart products for commercial purpose. If the user does not fall under the definition of a ‘consumer’, he or she should seek permission from authority of Smera Mart for commercial use of Smera Mart products, in case the products are used for reselling or used in YouTube channel, Instagram, Facebook, advertisements or using it to earn any form of compensation.
1.4 You may not use smeramart.in outside the intended frame to disrupt or manipulate particular technical processes. Interventions with the intention to seek unjustified advantage to the detriment of Smera Mart or other members will result in the immediate loss of the right to purchase on Smera Mart and the revocation of the customers account as a consequence.
1.5 You are only permitted to register and use one membership account at a time. Multiple registrations will be deleted by Smera Mart.
1.6 In the password protected area on Smera Mart.com you can access your recently shipped and/or completed orders. In this area you can also change, administer and save your own data and potential subscriptions of newsletters.
1.7 Smera Mart reserves the right to issue a warning, to terminate your membership or to modify or delete content you have submitted, if you violate any of the provisions of this Section 3. Any claims for damages by Smera Mart remain unaffected.
2. CONTRACTUAL PARTNERS, LANGUAGE AND CONCLUSION OF CONTRACT

2.1 At the conclusion of contracts on Smera Mart.com your contractual partner is solely Smera Mart.
2.2 Smera Mart.com is operated in English; Smera Mart.com contracts are concluded exclusively in English
2.3 By submitting an order by clicking "order or buy now" you make a binding contract offer. After submitting your order, you will receive a confirmation email from Smera Mart. The confirmation email does not constitute acceptance of the contract. The declaration of acceptance of the contract consists in the shipping of the goods. When ordering multiple items, the acceptance of the contract applies only to goods actually shipped.
2.4 In cases where prices and description like color etc. are displayed incorrectly on Smera Mart.com due to technical errors, Smera Mart is entitled to action for nullification. The burden of proof regarding an error lies with Smera Mart. Payments already made will be refunded (if applicable).
3. PRICES AND SHIPPING FEES

3.1 For orders on smeramart.in the prices which are listed at the time of your order on the product page apply. These prices are exclusive of taxes and the final price (inclusive of taxes) are shown in the shopping cart page.
3.2 Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
4. PAYMENTS

4.1 Smera Mart provides the payment methods credit card, debit card, paypal and netbanking payment in advance and Cash on Delivery. Smera Mart reserves the right to exclude any payment methods for individual goods and to refer to the other payment methods.
4.2 Smera Mart accepts various credit cards, e.g. Visa ,American Express, Mastercard. Smera Mart will charge the invoice to your credit card immediately after receipt and dispatch of the order.

6. DELIVERY

6.1 Delivery will only be provided to the shipping address provided by you.
6.2 Smera Mart ships according to the delivery timelines provided for each product. We ensure that we ship as early as possible, but for some products the timelines are longer due to availability of products.
6.3 Smera Mart does not assume any sourcing risk especially with reference to a purchase by description. Smera Mart is only obliged to ship from existing stock or from stock ordered from suppliers.
6.4 In some cases Smera Mart will ship from its own production.
6.5 In cases of force majeure, shipping duration may increase within reason. Force majeure shall include strike, exclusion, official intervention, energy or resource scarcity, shipping difficulties, business complications such as fire or water damage to machinery, lightning or any other unforeseeable business complications for which Smera Mart cannot be held responsible. Starting and ending point of such shipping impediments will be communicated immediately by Smera Mart.
6.6 Smera Mart reserves the right to cancel the contract should delivery fail three times through fault of customer. Payments already made will be refunded or store credit will be given depending on the scenario.
6.7 Smera Mart asks you to immediately inform the deliverer and Smera Mart as soon as possible about obvious transport damage. Doing so has no influence on your warranty rights, but will help Smera Mart to make its own claims against the supplier.
6.8 All delivery times mentioned are applicable after confirmation of order from us. For Cash On Delivery orders, this is after we have called and confirmed the order from your end. All order confirmations must be completed within 72 hours. After this time period if order is not confirmed by customer, it is up to the discretion of Smera Mart to cancel the order.
6.9 For returns policies, please check our section on Delivery and Returns.
7. RETENTION OF TITLE

7.1 Ownership of the goods is transferred to the member upon full payment.

8. LIABILITIES

8.1 Smera Mart is liable only for intent and gross negligence, unless there are fraudulently concealed damages, damages for loss of life, limb or health or damage arising from any infringement of essential contractual obligations. The same applies to violations by Smera Mart's agents.

9. SERVICE AND COMPLAINTS

9.1 The satisfaction of our consumers is close to our hearts. Therefore we endeavor to deal with your concerns as quickly as possible and always provide you with our feedback after receiving your input. For service inquiries, please contact our customer service department: Email: contactsmera.m@gmail.com or WhatsApp on +917303747253

10. DISCLAIMER FOR HYPERTEXT LINKS

10.1 The website smeramart.in may include hyperlinks to other Internet sites or Social media platforms. Smera Mart has no control over the content of these sites, nor does it endorses them and is not responsible for their content. Once Smera Mart becomes aware of illegal content, Smera Mart will remove the corresponding links from smeramart.in.

11. DATA SECURITY

11.1 As part of your registration as a customer on com you will be asked to provide personal data. This is data which is required by Smera Mart to process the contracts concluded on Smera Mart.com. All personal data is confidential and will be treated by Smera Mart in accordance with relevant legal regulations. To safeguard your privacy in online payment transactions Smera Mart uses the latest encryption techniques through our payment gateways.
11.2 The privacy policy by Smera Mart can be found under http://Smera Mart.com/privacy.
13. IMAGE RIGHTS

13.1 All rights to use the images on the website lie with Smera Mart or our partners. The use of any image, in whatever form is prohibited unless explicit permission from Smera Mart has been granted.

14. CANCELLATION POLICY

14.1 Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason at any time. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.(Any type of voucher used in these orders shall be pushed back into the user's account in case of cancellation by Company).
14.2 As part of usual business practice, if we receive a cancellation notice and the order has not been dispatched by us, we shall cancel the order and refund the entire amount. Company holds the discretionary right to refund the amount as customer points/check or bank refund. In the event of cancellation of order by the customer Company holds the right to not refund the voucher, if any used against such order.
FINAL PROVISION

Should any provision of this agreement be legally void, this does not invalidate the whole contract. Instead, the invalid provision shall be replaced with an effective provision with the same economic purpose. The same applies to possible gaps in this contract.
Smera Mart reserves the right to amend these terms and conditions for future business. Excluded from this are unreasonable changes, especially pertaining to essential contract elements, such as the main benefits owed, which would be subject of a contract modification. Smera Mart will notify you of changes to the Terms and Conditions in a timely fashion. Notification of changes will include a reference to the possibility and the period of objection and the significance or consequences of the omission of contradiction. If you do not contradict the validity of the amended Terms and Conditions within two weeks of the day following the receipt of the notification of change to you, the amended terms and conditions shall be deemed accepted by you.