Terms & Conditions

Introduction

This document ("Terms and Conditions") is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of www.mortantra.com ("Website").

This Website is owned and operated by Mortantra Atelier Private Limited (hereinafter "Mortantra" and "Company"). By using our Website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of them, you must not use our Website. Mortantra reserves the right to change these Terms and Conditions from time to time without any obligation to inform you, and it is your responsibility to review them as often as possible. All rights, including copyright, in this Website are owned by or licensed to Mortantra. Any use of this Website or its contents, including copying or storing it in whole or in part, is prohibited without the permission of Mortantra.

If you have any queries about these Terms and Conditions, or any comments or complaints on or about our Website, please email us at info@mortantra.com.

Eligibility criteria

Any use, purchase or contract from or with this Website is not intended for users under the age of 18, unless permitted under applicable local laws ("Permissible Age"). By using our Website or agreeing to these Terms and Conditions, you warrant and represent to us that you are of the Permissible Age. We do not knowingly provide any service of the Website to, or solicit information from, anyone below the Permissible Age. If we become aware that any person below the Permissible Age is using the Website, we will restrict that user's access as soon as possible. If you believe a person under the Permissible Age is using the Website, or that we might hold information on such a user, please contact us at info@mortantra.com.

Those who choose to access this Website from outside India are responsible for compliance with applicable national laws as well as Indian law.

Communications

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records, and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Pricing & payment

Prices throughout the Website are quoted in Indian Rupees (INR). Payment can only be accepted in the quoted currency. Prices include GST (Goods and Services Tax).

For international deliveries, additional duties and taxes may apply as per your country's regulations, and will be billed separately to you by the courier company at the time of delivery.

Prices of products on the Website are subject to change without notice and can vary from piece to piece and from time to time, depending on the price of raw materials at the time of production. Occasionally, a piece will sell and then be recreated at a later date at a different price - this simply reflects the market value of raw materials and does not mean our mark-up has increased.

Pricing policy for online merchandise

We are committed to offering shopping convenience, exceptional service and an exciting product selection at competitive prices. Mortantra stores operate separately, so products and prices offered at each may differ. The Website may offer products not offered in stores, and promotional offers (such as coupons and additional discounts) offered at one may not be used at the other.

Online payment

All payments on the Website are securely processed through our payment gateway partner. We accept most major credit and debit cards, including Visa, MasterCard and American Express, via recognised payment gateways. We may accept bank transfers upon special request at our sole discretion - please contact our customer care for this. We endeavour to confirm ordered item(s), availability and shipping before processing your order transaction, and will advise you by email if we are unable to complete your order.

Order of products

All products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer, subject to these Terms and Conditions. We reserve the right to accept or reject your offer, in part or in full. Our acceptance takes place upon dispatch of the product(s) ordered. Where dispatch happens in parts, the dispatched portion is deemed accepted, and the balance remains an offer that we may accept or reject.

No act or omission of Mortantra prior to the actual dispatch of product(s) constitutes acceptance of your offer. Where you have provided an email address, we will notify you as soon as possible to confirm receipt of your order, and again to confirm dispatch and acceptance.

We make every effort to display product colours as accurately as possible, but as actual colours depend on your monitor, we cannot guarantee your display will exactly reflect the delivered product. All products are handcrafted, so some variation in the actual product received is expected, and packaging may vary from what is shown on the Website.

All products are subject to availability. We reserve the right to limit quantities supplied, supply only part of an order, or divide up orders, and will inform you if we are unable to fulfil your order.

Made-to-order - terms & conditions

Each piece we create is made with care, often specially for you. For made-to-order, customised, or consultation-based orders, any request for changes, alterations or cancellations can only be considered in exceptional cases, and must be shared with us within 3 days of placing the order at info@mortantra.com.

Changes & revisions

• Only if informed within 3 days, we allow an additional 30 days to thoughtfully finalise your piece.
• The revised selection must be of equal value.

If we do not hear back within this period despite follow-ups, the order is considered closed, with 50% of the order value retained as cancellation.

Holding an order

We understand that timing sometimes shifts. If you need to place your order on hold, you may request this within your order timeline, before dispatch - we will hold your piece for up to 30 days. If the order remains unfinalised beyond this period, it will be closed after due follow-up, with 50% of the order value retained as cancellation, and any remainder issued as a credit note.

Where this applies

This policy extends across all our touchpoints - website, WhatsApp, social media, stores, email and any official Mortantra channel.

Cash on Delivery (COD) orders

A 10% advance is required to block and book your selected pieces. In case of order cancellation, this advance is retained as cancellation charges and is non-refundable.

Delivery schedule

Delivery of your order is made as per the shipping information provided on the Website. For ready-to-ship orders, an email must be sent to us on the same day as placing the order, at info@mortantra.com, for any cancellations or alterations. For ready-to-ship pieces, cancellations cannot be made once the pieces are processed and shipped from our end.

Your obligations

You must provide true, accurate, current and complete information about yourself as prompted by Mortantra's registration form, and remain responsible for promptly informing Mortantra of any change or inaccuracy. If you provide information that is untrue, inaccurate, incomplete or not current, or if Mortantra has reasonable grounds to suspect this, we have the right to indefinitely suspend or terminate your membership and refuse access to the Website.

Where non-delivery occurs due to a mistake on your part (wrong name, address or other information), redelivery will be made as per the shipping information provided on the Website. Mortantra reserves the right to confirm and validate your details at any time; if found untrue, wholly or partly, Mortantra may reject your registration and debar you from using the Website or affiliated websites without prior notice.

You should check the product description carefully before placing an order - by placing an order you agree to be bound by the conditions of sale and the invitation to offer included in the item's description. You must not attempt to gain unauthorised access to any portion or feature of the Website, or to any connected systems, networks, servers or services, by hacking, password "mining" or any other illegitimate means.

Restrictions

Mortantra reserves the right, at our sole discretion, to limit the quantity or value of items purchased by you, and such restrictions may apply to orders placed using the same account, the same credit or debit card, or the same billing and/or shipping address. We will notify the customer should such limits be applied. Mortantra reserves the right, at our sole discretion, to prohibit sales to anyone as it may deem fit.

Site security

You are prohibited from violating or attempting to violate the security of this Website, including, without limitation:

• Accessing data not intended for you, or logging onto a server or account you are not authorised to access.
• Attempting to probe, scan or test the vulnerability of a system or network, or breach security or authentication measures, without proper authorisation.
• Attempting to interfere with service to any other user, host or network - including via a virus, overloading, "flooding," "spamming," "mailbombing" or "crashing."
• Sending unsolicited emails, including promotions and/or advertising of products or services.
• Forging any TCP/IP packet 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. Mortantra will investigate occurrences that may involve such violations, and may cooperate with law enforcement authorities in prosecuting involved users. You agree not to use any device, software or routine to interfere with the proper working of this site, and not to use any engine, tool, agent or mechanism (including browsers, spiders, robots or intelligent agents) to navigate or search the site other than the search facility on the site and generally available third-party web browsers.

Cancellation by Mortantra

There may be certain orders 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 - including limitations on available quantities, inaccuracies or errors in product or pricing information, or issues identified by our credit and fraud avoidance department. We may also require additional information or verification before accepting an order, and will inform you if all or part of your order is cancelled. If your order is cancelled after your card has been charged, the amount will be reverted to your card account.

We will seek authorisation on your card for the aggregate order amount, but may charge (capture) only the amount corresponding to the portion of the order we are able and willing to fulfil, along with associated shipping charges, taxes and levies. Any surplus authorised but not captured within the period stipulated by our merchant banker will not be captured or charged; if charged in error, we will refund it as soon as it is realised or brought to our notice. Mortantra reserves the right to capture or charge your card the full or partially authorised amount for the concerned order.

Cancellation and changes by customers

Cancellations, replacements and returns are governed by the Return and Exchange policy available at mortantra.com. You agree that you will not dispute, and will accept, Mortantra's decision regarding cancellation, modification or replacement of an order.

Sale & promotion

All offers for sale on the Website are subject to the following: products under sale are available only while stocks last with Mortantra; the duration of any sale is at Mortantra's sole discretion, and we reserve the right to extend or end a sale without further notice at any time; products under sale may be removed, changed or added, and discounted prices may be changed, at our sole discretion; and any return or exchange follows our Return and Exchange policy at mortantra.com/returns-exchange.

For any query regarding a sale, please email info@mortantra.com. Mortantra reserves the right, at any time, to amend, add, remove or modify any terms of a sale in whole or part, or to replace or withdraw a promotion altogether - our decision in this regard is final and requires no intimation to the customer.

Privacy

Protection of your privacy is fundamental to us. We store and process your personal information - including any sensitive financial information collected, as defined under the Information Technology Act, 2000 - on systems protected by physical and reasonable technological security measures in accordance with the IT Act, 2000 and rules thereunder. Our current privacy policy is available at mortantra.com/privacy-policy. If you object to your personal information being used in this way, you must not use the Website.

Disclaimer

Mortantra, together with our licensors, owns the copyright to all content on this Website, including images. All trademarks and other intellectual property are owned by or licensed to us unless otherwise specified. You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Website without our written consent, except that you may print or download page(s) for your own personal, non-commercial use. If in doubt about what you may do, please contact us to request permission to reproduce content.

While our Website is as accurate as possible, we cannot accept responsibility for inaccuracies or errors beyond our reasonable control, and cannot guarantee that colours in our images will render correctly on every monitor.

External material

You shall not use the Website in any way that damages it or interrupts its provision, or to transmit or post computer viruses. We cannot guarantee the Website is free from viruses, and you should take your own precautions. We will try to keep the Website available at all times, but this is not always possible, and we are not liable if the Website is unavailable.

Links

The Website may contain links to other websites; these are not under our control and we cannot be held responsible for them or guarantee anything about them. We include such links because we think they may interest you, but we do not monitor or endorse them. If you follow a link, you do so at your own risk, and it is your responsibility to guard against viruses or other destructive elements. Mortantra makes no warranty regarding, and does not endorse, any linked website or the products or services described on it, and a link does not imply sponsorship, endorsement or affiliation. Mortantra is not responsible for the content of any linked site, any link contained within it, or any changes to such sites, and provides these links purely as a convenience.

Copyright & trademark

Mortantra, together with its licensors, reserves all intellectual property rights in the text, programs, products, processes, technology, content, photographs, designs and other materials appearing on this Website. Access to the Website does not authorise use of any name, logo or mark in any manner. All materials on the Website (collectively, the "Contents") are intended solely for personal, non-commercial use - you may download or copy Contents for personal use only, with no right, title or interest transferred as a result. You will not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or otherwise exploit any Contents or related software, all of which are protected by Indian and international copyright law.

Except where expressly stated otherwise, third-party trademarks, images and any persons featured on this Website are in no way associated with Mortantra, and any trademarks or names featured belong to their respective owners.

Profanity policy

Mortantra prohibits the use of language that is racist, hateful, sexual or obscene in nature in any public area of the Website, including submissions, postings and any communication another user may view. Please report violations of this policy to the grievance officer named in these Terms and Conditions. If a feedback comment, communication between users, or email communication between users contains profanity, please review our feedback removal policy and submit a request for action or removal.

Liability

We take no responsibility for loss or damage suffered as a result of our order-online service or goods supplied through it, except as required by law, even where the loss was foreseeable. All purchases from the Website are at your own risk, and you should apply prudence when ordering. Mortantra gives no representation or warranty for your purchase order; however, in special circumstances, Mortantra may at its discretion consider liability up to a maximum of the purchase price of the order.

Changes to the site disclaimer

We reserve the right to change this Site Disclaimer from time to time. Where this happens, we will notify you by posting the updated disclaimer on the Website. If you do not wish to be governed by the revised disclaimer, you must not use the Website. This disclaimer is governed by the law of India, and any part found invalid by law does not affect the validity of the remaining parts.

Termination

These Terms and Conditions remain effective until terminated. You may terminate them at any time by writing to info@mortantra.com to inform us you no longer wish to be associated with the Website, provided you discontinue further use of it. We may terminate these Terms and Conditions at any time, immediately and without notice, denying you access to the Website without liability on our part.

Upon termination by either party, you must promptly destroy all materials downloaded or otherwise obtained from the Website, and all copies of such materials. Our rights to any comments survive termination. Termination does not cancel your obligation to pay for products already ordered, nor affect any liability that may have arisen under the user agreement.

Governing law & jurisdiction

These Terms and Conditions are construed in accordance with the applicable laws of India. The courts at Ahmedabad, Gujarat alone have exclusive jurisdiction over any proceedings arising out of this agreement.

Modification of terms and conditions of service

Mortantra reserves the right to modify these Terms and Conditions at any time without prior notification. Following any modification, we will inform you by email at the address provided during registration. You can access the latest version of the Terms and Conditions on the Website at any time, and should review them regularly. If a modification is not acceptable to you, you must discontinue using the service; continued use means you accept and agree to abide by the modified Terms and Conditions.

Arbitration

Any dispute arising between you and the Company during or after your use of the Website, concerning the validity, interpretation, implementation or alleged breach of these Terms and Conditions, the privacy policy, or documents they incorporate by reference, shall be referred to a sole arbitrator, an independent and neutral third party identified by the Company. The place of arbitration is Jaipur. The Arbitration & Conciliation Act, 1996 governs the proceedings, which are conducted in English.

General

Nothing in these Terms and Conditions constitutes a partnership or agency between you and the Company, and you have no authority to bind the Company in any manner. Except as stated otherwise, notices should be sent by postal mail to Mortantra Atelier Private Limited, 1001, 10th Floor, Venus Stratum, Nr Jhansi Ki Rani, Nehrunagar, Ahmedabad – 380015, India, or to the email address you provided during registration. Notice is deemed given 24 hours after an email is sent, unless we are notified the address is invalid, or 3 days after mailing by certified post.

If any clause of this agreement is deemed invalid, void or unenforceable, it shall be severable and shall not affect the validity of the remaining clauses. These Terms and Conditions set out the entire understanding between you and us on this subject. The Company may, in its sole discretion, transfer its rights and obligations under these Terms without your prior consent. If we take no action against a breach, we remain entitled to use our rights and remedies in any other instance of breach.

The Company may terminate these Terms and Conditions at any time, and has the right to immediately terminate any user's password or account for conduct it, in its sole discretion, considers unacceptable, or for breach of these Terms. Any provision imposing continuing obligations survives expiration or termination of these Terms and Conditions.

Indemnity

You shall indemnify and hold harmless Mortantra, its owner, licensees, affiliates, subsidiaries, group companies and their respective officers, directors, agents and employees, from any claim or demand, or action including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions, the privacy policy or other policies, or your violation of any law, rule, regulation or third-party right, including infringement of intellectual property rights.

Limitation of damages

In no event shall Mortantra or any of its subsidiaries or affiliates be liable for any direct, indirect, special, consequential or other damages - including lost profits, business interruption, or loss of information or data - related to the use of, or inability to use, the content, materials and functions of this Website or any linked website, even where Mortantra has been expressly advised of the possibility of such damages.