• TERMS & CONDITIONS – Mohawk

    TERMS & CONDITIONS

    This website is owned and operated by Crea Marketing Services Pvt. Ltd.  trading as "MOHAWK" (or “we” or “us” or “our”). By entering, accessing or using our website in any way, you agree to comply with the following Website terms and conditions of use, Privacy Policy, and our Returns Policy (collectively our “Website Conditions”), as well as any other laws or regulations which apply to this website. In addition, when you make an enquiry or order any products or services through this website, you will do so subject to the terms and conditions on this page, as set out in our online customer terms & conditions, subject to all our other website conditions and such further terms and conditions as may be notified to you. By using this website, you acknowledge that you have read and understood all of the website conditions and agree to be bound by them. However, if you do not or cannot accept our website conditions in totality and without modification, you must stop using our website immediately.

    We may revise and update our website conditions at any time and your continued usage of this website means you accept those changes. While Mohawk aims to ensure that the information in this website is correct, sometimes errors do occur for which we apologize. Please refer back to these website terms & conditions of use from time to time so that you are aware of the revised and current terms and conditions.

    The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.

    All prices, unless indicated otherwise are in Indian Rupees.

    By indicating user's acceptance to purchase any product or service offered on the site, the user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

    In a credit card transaction, you must use your own credit card. Mohawk will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

    USER ACCOUNT, PASSWORD, AND SECURITY

    You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify mohawkbags.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. mohawkbags.com will not be liable for any loss or damage arising from your failure to comply with this Section

    SERVICES OFFERED

    Mohawk provides a number of Internet-based services through the Web Site (all such services, collectively, the "Service"). One such service enables users to purchase original merchandise such as Bags and accessories. The Products can be purchased through the Website through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like delivery policy, return policy, etc.

    LIMITED USER

    The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Mohawk’s name is stated as the source and prior written permission of mohawkbags.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

    USER CONDUCT AND RULES

    You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

    (a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

    (b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

    (c) upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; you own or control the rights thereto or have received all necessary consents;

    (d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

    (e) conduct or forward surveys, contests, pyramid schemes or chain letters;

    (f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

    (g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

    (h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

    (i) violate any applicable laws or regulations for the time being in force in or outside India;

    (j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

    EXACTNESS NOT GUARANTEED

    Mohawk hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance, you agree that mohawkbags.com will send an approval request via the email address, which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. Mohawk may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded.

    LINKS TO THIRD PARTY SITES

    The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Mohawk or the Website and Mohawk is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Mohawk is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Mohawk is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Mohawk or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information

    INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Mohawk from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Mohawk that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

     

    TERMINATION

    1. Mohawk may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
    2. Notwithstanding Section(a) above, these Terms will survive indefinitely unless and until Mohawk chooses to terminate them.
    3. If you or Mohawk terminates your use of the Website or any Service, Mohawk may delete any content or other materials relating to your use of the Service and Mohawk will have no liability to you or any third party for doing so.
    4. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

     

    GOVERNING LAW

    These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.

     PRODUCT PRICES

    All references to Rupee on this website are in Indian currency. Indian prices are different to International prices due to taxes/duties, and the laws of the countries they have been bought from. In cases of International shipping, prices may vary when logging into the site from different postal codes and locations. Prices are subject to change at any time, without any notifications. All rights to change prices are reserved by Crea Marketing Services Pvt. Ltd.

    Prices of products available at retail outlets are only available within India. No product can be sold for Indian prices outside the country.

    WARRANTY DISCLAIMER

    This site, the materials and products on this site are provided "as is" and without warranty of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Mohawk disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Mohawk does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Mohawk does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness and reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

    LIABILITY OF CREA MARKETING SERVICES PVT. LTD.

    Your use of this website or any information on this website is entirely at your own risk. Crea Marketing Services Pvt. Ltd. makes no representation or warranty with respect to the accuracy, completeness, suitability, performance or timeliness of the information provided on this website. Mohawk excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

    To the maximum extent permitted by law (Under the Indian Law), MOHAWK is not liable to you or anyone else for:

    1. Any decision, action or inaction taken in reliance on the information in, or connected with, this site.
    2. Any losses, costs or damages suffered or incurred by you, including (without limitation) direct or indirect, special, incidental, compensatory, exemplary or consequential damages in connection with this website.
    3. Your use or misuse of this website or any information or material contained in this website.
    4. The loss or modification of information or material transmitted from this website.
    5. Any defect, technical problem or virus attached to or arising from this website or the server.
    6. Any injury, illness or allergic reaction you or any other person may sustain due to leather, fabric, hardware, or usage of any of the products bought though this website.
    7. The products displayed being unavailable at any time.
    8. Your inability to access or use the website or any material on the website.
    9. The loss of confidentiality in any information or material transmitted to or from the website.

    To the maximum extent permitted by law, Mohawk does not make any guarantees or warranties that this website will be available in any place, free of faults or error, free from unauthorized interception or access, or free from blockages, delays, network failure, congestion, interferences of faults of any kind.

     

    INTELLECTUAL PROPERTY, TRADEMARKS & COPYRIGHT

    Crea Marketing Services Pvt. Ltd.  is the owner and authorized user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to Crea Marketing Services Pvt. Ltd.  in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of Mohawk intellectual property is prohibited without the prior written permission of Crea Marketing Services Pvt. Ltd., A-744, Second Floor, Sushant Lok 1, Gurgaon – 122002, Haryana (India). Nothing contained in this website should be construed as giving you any right or license to any of the intellectual property on or associated with this website.

    This website and its contents are the property of Crea Marketing Services Pvt. Ltd.  and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited and protected under the copyright act, and any such case or person can be prosecuted by law.