1. Use of Platform
Welcome to www.mistypetals.com ("Site" or "Misty Petals"). The website www.mistypetals.com is owned and operated by MISTY PETALS PRIVATE LIMITED ("Misty Petals"), a company incorporated under the provisions of the Companies Act, 2013, with its registered office at [Insert Misty Petals Office Address Here].
The "Site" refers to our online store, and "Platform" refers to both our online and offline stores collectively. You may access our Site from a computer, mobile phone, or tablet (through an iOS or Android application, for example), and these Terms of Use govern your use of our Site, features, services, and your conduct, regardless of the means of access.
These Terms of Use, along with the Privacy Policy, Shipping Policy, and Cancellation, Refund, and Return Policy (collectively "Policies"), govern all products and services offered on the Platform.
By merely accessing or using the Platform, you are agreeing, without limitation or qualification, to be bound by these Terms of Use and Policies, whether you have read them or not. If you do not agree, please do not use the Platform.
Misty Petals reserves the right to change the Terms of Use and Policies at any time without notice. Any updates will be posted on the Site. Your continued use of the Platform after changes means you accept the revised Terms.
2. Privacy Practices
We value your privacy and have established a Privacy Policy to protect your personal information. By using the Platform, you consent to the collection and use of information in accordance with our Privacy Policy, as amended from time to time.
3. Your Account
This Site is intended for adults. Any minor accessing our Site should do so under parental supervision. Misty Petals does not knowingly collect information from minors.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities under your account.
If you are using the Site on behalf of another person, you represent that you have the authority to bind that person to these Terms.
If you suspect any breach of security, please notify us immediately.
Misty Petals reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.
4. Product & Services Information
Misty Petals strives to be as accurate as possible with product descriptions, images, and details. However, we do not guarantee that all information is complete, reliable, or error-free.
We reserve the right to correct errors and update information at any time without prior notice.
5. Product Use & Services
Products and services offered on the Platform are for personal and/or professional use only. They must not be resold for commercial purposes.
If any product or service causes side effects or issues, Misty Petals is not responsible. Kindly consult a healthcare professional before use if needed.
6. Recommendation of Products & Services
Any product recommendations provided on the Platform are for informational purposes only and do not constitute endorsement by Misty Petals.
7. Pricing Information
Misty Petals strives for accurate pricing but cannot confirm final pricing until you place your order.
In case of pricing errors, Misty Petals reserves the right to cancel or modify orders before delivery.
Prices and product availability are subject to change without notice.
8. Cancellations, Refunds, and Returns
Please refer to our Cancellation, Refund, and Return Policy available on our Site.
9. Mode of Payment
We accept payments via Credit Cards, Debit Cards, Net Banking, Wallets, UPI, and other digital payment methods.
Cash on Delivery (COD) is available for selected pin codes across India for orders above ₹249.
10. Shipping and Delivery
Please refer to our Shipping and Delivery Policy available on our Site for detailed information.
11. Pollution Control Compliance
Misty Petals is working towards being compliant with the guidelines laid down by Central Pollution Control Board (CPCB).
12. Chat/Call Functionality
The Chat/Call Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:
Misty Petals may suspend the Chat/Call service at any time without notice.
Misty Petals or its executives are not responsible for any delay caused in attending to or replying to the queries via chat/call.
Communication through Chat/Call may be stored by Misty Petals for future reference, and the user of such service will not have the right to access such information at any future date.
While 'chatting/calling' you may not communicate any objectionable information i.e., unlawful, threatening, abusive, defamatory, obscene information.
The Chat/Call room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
You may proceed further and chat/call with our online customer care executive only if you agree to the above terms and conditions.
You authorize Misty Petals, its group companies and business associates to call, SMS, chat and email you in connection with your order and order updates.
13. User Content
The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us ("User Content"), are entirely your responsibility and we will not be held responsible in any manner whatsoever in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that:
[List remains the same]
Misty Petals shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. Misty Petals does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by Misty Petals.
[The rest of the User Content section continues exactly the same, replacing Nykaa with Misty Petals.]
14. Intellectual Property Rights
The "Misty Petals", "Misty Petals Luxe" and "Misty Petals On Trend" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks ("Marks") of Misty Petals.
[And so on — this section is updated similarly.]
15. Limited License
Misty Petals grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site.
[Text continues with Misty Petals replacing Nykaa.]
16. Representations and Warranties
This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site...
[Misty Petals is used throughout.]
17. Disclaimer of Warranty and Limitations of Liability
THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES...
[Everything else updated accordingly.]
18. Links and Third Party Sites
References on the Site to any names, marks, products, or services of third parties or hypertext links to third party sites...
[Misty Petals mentioned wherever needed.]
19. Termination
These Terms of Use are effective unless and until terminated by either you or Misty Petals.
[This pattern continues.]
20. Indemnity
You agree to defend, indemnify and hold harmless Misty Petals, its employees, directors, officers, agents, and their successors...
21. Governing Law and Jurisdiction
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts at Mumbai shall have exclusive jurisdiction.
Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed mutually, and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.
Without any prejudice to particulars listed in Clause 13 above, Misty Petals shall have the right to seek and obtain any injunctive, provisional, or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
For disputes relating to orders outside India, International arbitration rules of the Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.
22. Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
Sending unsolicited email, including promotions and/or advertising of products or services; or
Forging any header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Misty Petals is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Misty Petals on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
23. Entire Agreement
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Misty Petals with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
Misty Petals' failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
24. General
You acknowledge and hereby agree to these Terms and Conditions and that they constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/alter/modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at support@mistypetals.com
25. Contact Information:
Customer Service Desk
E-mail ID: support@mistypetals.com
Phone: 1800-267-4444
Contact Days: Monday to Saturday (8:00 a.m. to 10:00 p.m.)
Sunday (10:00 a.m. to 7:00 p.m.)