1.  Introduction

Your access to and use of this Platform and the information, materials, products, and services available through the Platform is governed by the following terms and conditions (“TERMS AND CONDITIONS”). If you choose to continue to use or access the Platform then it means that you agree to these Terms and Conditions. If you do not agree to be bound by these terms and conditions, do not access or use the Platform.

2. Products

All Products displayed on the Platform are subject to availability. This implies that, although we strive to ensure our Platform reflects the availability of stock, a Product shown on the Platform may no longer be available for purchase.

Minor differences in colour and other variations in Products are possible as a result of different image acquisition, display technologies, or other technical reasons. Magnett is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions, or manifest errors on the Platform.

3. Conditions for a contract with Magnett

3.1. You must be 18 years of age or older or have consent of your parent or guardian to buy products via the Platform.

3.2. You can only order on the Platform if you are a consumer, not a reseller.

3.3. You guarantee that the information you provide to us in the request or order is accurate and complete.

4. How are you a part of the contract?

The following applies to all types of products. All information on the Platform is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the products listed in your order. All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.

We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:

I. an Event Outside Our Control ;

II. the product you seek to purchase is not available or in stock;

III. your address, billing information or form of payment is incorrect or cannot be verified;

IV. your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;

V. there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;

VI. your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;

VII. your account and/or purchase history shows an excessively high volume of returns;

VIII. there is evidence that you are not eligible to make purchases; or

IX. in the event of misspelling, pricing, or other errors or mistakes at the magnett store(s) where you wish to order or purchase.

5. Price

The stated prices include GST. Prices are quoted in Indian rupees (INR). Magnett reserves the right to make price changes prior to an order placed by you.

We reserve the right to change, limit, or terminate any special offers or discounts at any time. We may charge delivery costs. The delivery costs vary for each product and type of delivery. Any delivery costs will be charged separately, itemised, and added to the total amount of the order. For further details, please refer to the shipping policy.

6. Copyright and ownership

All the content featured or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than “User-Provided Content”, is owned by Magnett, or its licensors.

You must not use the Platform or any Content other than for its intended purpose. Except where we tell you otherwise in the Platform, you may view, play, print, and download documents, audio, and video found on the Platform for personal, informational, and non-commercial purposes only.

You must not modify any of the materials, and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Platform.

Except as authorised under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Platform. For purposes of these terms and conditions, the use of any such material on any other mobile application, website, or online service is prohibited.

You are responsible for complying with all laws that apply to you and your use of the Platform. The Platform, its Content, and all related rights shall remain the exclusive property of Magnett or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Platform.

7. Trademarks

All trademarks, service marks, and trade names of Magnett used as part of or in connection with the Platform (collectively “Marks”) are trademarks or registered trademarks of the Magnett Group, or its licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify magnett Marks in any way, including in advertising or publicity pertaining to the distribution of materials on the Platform, without magnett’s prior written consent. The use of magnett Marks on any other mobile application, website, or online service is not allowed. magnett prohibits the use of magnett Marks as a “hotlink” on or to any other mobile application, website, or online service unless establishment of such a link is approved in advance.

8. Your conduct

You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. In addition, you agree not to:

8.1.  upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is known by you to be false, inaccurate, misleading, or impersonates another person.

8.2. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

8.3. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way.

8.4. upload, post, transmit, publish, display, or otherwise make available through the Platform any information that threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting any other nation.

8.5. upload, post, transmit, publish, display, or otherwise make available through the Platform any information that is patently false and untrue and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person

8.6. forge headers or otherwise manipulate identifiers to disguise the origin of any User-Provided Content transmitted through the Platform.

8.7. upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learnt or disclosed as part of employment relationships or under nondisclosure agreements).

8.8 upload, post, transmit, publish, display, or otherwise make available through the Platform any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party.

8.9 upload, post, transmit, publish, display, or otherwise make available through the Platform any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

8.10. upload, post, transmit, publish, display, or otherwise make available User-Provided Content provided by another user of the Platform (or an image or picture depicting such User-Provided Content) on any other website, mobile application, or online service without that user’s prior permission.

8.11. upload, post, transmit, publish, display, or otherwise make available through the Platform any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

8.12. take any action that interferes with the proper working of the Platform, compromises the security of the Platform, or otherwise damages the Platform or any materials or information available through the Platform.

8.13. attempt to gain unauthorised access to any portion or feature of the Platform, to any other systems or networks connected to the Platform, to any of our or our service providers’ servers, or to any of the services offered on or through the Platform, including but not limited to by hacking, password “mining”, or any other unauthorised means.

8.14. probe, scan, or test the vulnerability of the Platform or any network connected to the Platform or bypass the authentication measures on the Platform, or any network connected to the Platform;

8.15. in accordance with Section 3.6, use any automated means to collect information or Content from or otherwise access the Platform, including, but not limited to, using technical tools known as robots, spiders, or scrapers, without our prior permission.

8.16. harvest or otherwise collect and store information about other users of the Platform, including e-mail addresses.

8.17. install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or

8.18. interfere with or disrupt the operation of the Platform or server networks connected to the Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Platform.

9. Accuracy of information

We attempt to ensure that information on the Platform is complete, accurate, and current. Despite our efforts, this may not always be the case. Please note that we are not required to maintain or update any such information, and any reliance on any such information is at your own risk.

10. User-Provided Content

You understand that all information, data, or other materials that you and other users of Platform upload, post, transmit, publish, display, or otherwise make available through the Platform, including information you share with or make available to other users of the Platform (“User-Provided Content”), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Platform and, so, we will not be liable for any loss or damage caused by any User-Provided Content or use of or reliance on it.

We do not control the User-Provided Content posted and, thus, do not guarantee the accuracy, integrity, or quality of any User-Provided content. The User-Provided Content is for informational purposes only and is not intended to be a substitute for purposes like professional medical advice, diagnosis, or treatment. You understand that by using the Platform, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Platform, you agree that:

I. you are the owner of all rights in such User-Provided Content.

II. you have waived all “moral rights” that you may have in such User-Provided Content, including but not limited to the right to be identified as the author of such content.

III. you have the right to allow our use of such User-Provided Content under these terms and conditions, and

IV. all User-Provided Content that you post is accurate, does not violate these terms and conditions, will not result in a breach or violation of any terms of any contract or agreement to which you are currently bound or will become bound in the future, does not and will not violate any applicable law, and will not cause injury to any person or entity.

11. Your grant to Magnett for User-Provided Content

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the Platform.

We may modify or adapt User-Provided Content, including to transmit, display, or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.

Magnett reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Platform in its sole discretion. Magnett does not guarantee that you will be able to edit or delete any User-Provided Content you have made available in connection with the Platform. We are not under any obligation to keep the User-Provided Content that you make available through the Platform confidential.

12. Software

The Software is being provided to you by Magnett in accordance to the following terms: Magnett grants you a non-exclusive, non-tranferable, limited license to use the software solely for the purpose of using the platform. You may not, in whole or in part:

I. copy the Software;

II. distribute copies of the Software, in whole or in part, to any third party;

III. modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works based on the Software, except as otherwise permitted by law;

IV. use, rent, loan, sub-license, lease, distribute, or attempt to grant other rights to the Software to third parties; or

V. use the Software to act as a service bureau or application service provider, or to permit access to the Software by any third party. Part of the Software may be provided by and/or owned by third parties.

VI. You shall not use any software, robot, crawler, spider, page scraper, or any other automated means or device to

VII. access, copy, affect, or monitor any part of the Platform or its content or circumvent the structure or presentation of the Platform or any of its content, or

VIII. to interfere with the operation of the Platform or any transaction being made on the Platform or interfere or affect any person’s use of the Platform or to help facilitate any third party to purchase any product on the Platform.

You shall not attempt to gain unauthorised access to any part or feature of the present Platform or any system connected to the Platform by hacking, password mining, or other illegitimate or unauthorised means.

Disclaimer: If any user will be found to gain wrongfully by hacking the present website or found guilty of breaching the above-mentioned security/activities in any manner, then Magnett reserves the right to take the legal actions against that person.

13. Registration and passwords

You may be permitted or required to register or obtain a login ID and password prior to placing an order or being provided with access to certain pages in the Platform. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password and for all uses of your login ID, password, and/or account, whether authorised by you or not. You agree to notify us immediately of any unauthorised use of your login ID, password, or account, or any other breach of security involving access to the Platform through your account. You acknowledge that you may be held liable for any loss or harm incurred to us or any other person or entity due to someone else using your login ID, password, or account because of your failure to take reasonable steps to keep your account information secure and confidential.

14. Operation of the Platform

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Platform, or any portion of the Platform, or the agreement between you and us under these terms and conditions, for any reason, including but not limited to your violation of these terms and conditions; (ii) modify or change the Platform, or any portion of the Platform; (iii) interrupt the regular operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Platform.

15. Limitation of Liability

We are not liable for any indirect, incidental, or consequential damages arising from the use of our website or products. Magnett does not guarantee that the functions contained in the Platform will be uninterrupted or error-free or that defects will be corrected. We may suspend, withdraw, discontinue, or change all or any part of the Platform without notice.

16. Applicable law and jurisdiction

All disputes, if any, will be adjudicated and governed by the Indian Laws Only, and the Delhi Courts will have the exclusive territorial jurisdiction to entertain or adjudicate the matter, if any against the Magnett.

17. Amendments to the magnett Terms and Conditions

We reserve the right to make changes to these Terms and Conditions at any time if we believe it is reasonably necessary to do so (including for security, legal, or regulatory reasons). The use of this platform, as well as any purchase agreement executed between you and us, will be subject to the version of the magnett Terms and Conditions in force at the time you place the order through this Platform or the day you browse this Platform (as applicable). Please check the magnett Terms and Conditions periodically for changes. Your continued use of the Platform will constitute your acceptance of any new or amended terms and/or updates.

18. Data protection

Magnett fully respects the privacy of individuals who access and use the Platform.

19. Events beyond reasonable control

Magnett will not be held responsible for any delay or failure to perform or comply with our obligations under the Magnett terms and conditions when the delay or failure arises from any cause that is beyond Magnett’s reasonable control.

20. Company Information

If there is any query by you regarding the terms and conditions, then please contact us at the following email: magnettshoes@gmail.com . Magnett Enterprises, having GSTIN: 07AONPM5918A1ZY, has its registered office at E-867, DSIIDC INDUSTRIAL AREA, Narela, Delhi-110040.