Terms of Service
Welcome to www.moonray.in (the “Website”). This domain name and Website are owned and operated by STUDIO SWALI, a Partnership Firm (hereinafter referred to as ‘Partnership Firm) a Partnership formed under the Indian Partnership Act, 1932, having its address at 101, Raheja Xion, Dr. Babasaheb Ambedkar Road, Byculla (East), mumbai-400 027, India. www.moonray.in is the trademark of the Partnership Firm..
Please read and understand these Terms carefully before using this Website, as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between You and the Website. These terms are to be read along with any other policies on the Website.
For the purpose of these Terms of Service, along with any amendments to the same, and wherever the context so requires, "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by accessing, browsing or transacting on the Website. The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean and refer to the Partnership Firm
“Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Partnership Firm.
The Website is a platform that facilitates the online sale and purchase of various Moon Ray merchandise, including without limitation, ready to wear garments, accessories, shoes, bags & related products and services ("Services") offered by us for sale. All our products are manufactured by our factories and our trusted partners, based on designs supplied by us. We are the sole owners of all Moon Ray products displayed on the Website.
By purchasing any product, You understand that You are agreeing to these terms of service and sale, including the shipping, delivery, return, cancellation and refund terms. Please re-read these terms regularly as We may change the terms without notifying You.
Only those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents, may use and access this Website and content provided. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Partnership Firm reserves the right to limit Your access based on the knowledge of You being a minor.
b.You are solely responsible for keeping Your account secure and safeguarding Your user ID, password and any other account information. Any activity done under this account or Your social media accounts are deemed to be done by You. You must immediately notify Us of any unauthorised use of You account or any other breach of security, and ensure that You exit from Your account at the end of each session. We will not be liable for any loss or damage arising from Your failure to comply with these terms. You may be held liable for losses incurred by Us or any other user of or visitor to the Website due to authorised or unauthorised use of Your account as a result of Your failure to secure Your account information
c. If We find that the details You have provided are false or inaccurate, or We have reason to believe so, We have the right to (permanently) suspend Your access to the Website.
a. These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until You continue to access and use the Website.
b. You may terminate Your use of the Service at any time by ceasing to use the Website. We may terminate these Terms and close Your account at any time without notice, if We cease to provide the Services. We may suspend or terminate Your use of and access to the Website at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that We consider appropriate.
a. By using this Website, You agree to receive telephonic calls, SMSs and/or emails from Us at any time We deem fit. We may reach out to You to communicate with You regarding our products, services or any promotional offers or for any clarifications.
b. In case You wish to stop receiving notifications from Us with regard to our newsletters or any other promotional notifications You may unsubscribe from our services by sending an email to email@example.com From time to time, advertisements may be displayed on the Website and You may be contacted by Us with regard to furtherance of our rights, duties and obligations under this document and other policies followed by Us. Such contact shall be made only in pursuance of such objectives, and no other calls shall be made.
a. You may browse this Website free of cost but in accordance with these terms. You must only pay for any purchases You make on the Website. We reserve the right to amend this no-fee policy and charge Users for browsing the Website.
b. We reserve the right to change the prices of the products displayed on the Website from time to time, without prior intimation to You.
c.There may be instances where the prices displayed at the time of purchase or check-out may differ from the prices displayed elsewhere on the Website. The prices displayed at the time of checking out shall be the final price.
d. We strive to ensure that all pricing related information on the Website is accurate but there may be typographical errors or other mistakes. In the event that an incorrect price is listed, We may either call You or cancel Your order and notify You of the cancellation. If We cancel the order after the payment has been made, the amount will be remitted to Your account from which the payment was made.
e.We do not warrant or represent that the prices on the Website are the lowest in any region.
The following payment options are already available or will be made available on the application in the future through third party payment facilitators: a.Domestic and international credit cards issued by banks and institutions that are part of the Visa, Master card & Amex Card;
b. Visa/Mater Card/Rupay /Maestro Debit cards;
c. Visa/Mater Card/Rupay /Maestro Credit cards;
d. Net Banking/Direct Debit payments from Major banks in India. A list of banks is available at the time of ‘checkout’.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa and MasterCard You will required to submit Your 16-digit credit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) when You make Your online transaction using Your Credit or Debit card. You should also have enrolled Your Credit Card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. Your credit card or debit card statements will reflect STUDIO SWALI In case of third party statements including bank and credit card statements the merchant name may appear in an abbreviated format. To place an order, You will need to complete the transaction on the application. This may or may not be assisted with a phone call with the customer service representative. By placing an order on the site or on phone, You are agreeing to the terms and conditions and payment policy published in the appropriate section of the application or affiliated application/applications where specifically referred to such affiliated application/applications.
After placing an order on the platform and making the payment successfully, Your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. If you have chosen to pay cash on delivery (COD), the order will be processed upon verification of Your order. Thereafter, a confirmation of the booking or purchase of the services will be sent to You.
If You wish to redeem or avail of any promotional offers through coupons or promo codes, the promo code or coupon number needs to be entered in the space provided after choosing the payment method, but before completing the payment. We cannot accept any promo-codes or coupons after the order has been successfully placed. .
Transactions on the application are facilitated through third party Payment Facilitators including Payment Gateways. All transactions made through these Payment Facilitators are secure and protected. Any information You enter when transacting with the application is encrypted to protect You against unintentional disclosure to third parties. This is an assurance that the best security practices adopted by major online vendors where all payments are processed in real-time for Your security and immediate peace of mind. Credit card and Debit card information is not stored by Us and is not taken by Us. This information is taken directly by the Payment Facilitators provided who are authorised and compliant with the regulations and requirements of various banks and institutions and payment franchisees that they are associated with. You understand that We are not responsible for any errors/injuries caused to You due to a fault attributable to the Payment Facilitators.
The User takes full responsibility for payment of all taxes and fees that may arise in the course of use of the Website, including but not limited to use of the Website by the User.
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on Us. a. You hereby certify that You are at least 18 years of age.
b. You hereby agree to provide genuine credentials during the process of registration for the Website. You shall not use a fictitious identity to register.
c. You agree to ensure the email address provided in Your account registration is valid at all times and shall keep Your contact information accurate and up-to-date.
d. You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
e. You agree that it is Your responsibility to ensure that Your device complies with these requirements.
f. You agree that You are solely responsible for Your use of the Website.
g. You agree that You are aware that any content You refer to Us, which is uploaded by Us, is made public to other Users of the Website.
h. You undertake not to: i. Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. 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. Should You want to engage in one or more such actions, prior permission from Us must be obtained;
ii. access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is prohibited. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users or Third Parties that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content;
iii. use the Website in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Partnership Firm’s services; (ii) any other party's use and enjoyment of Partnership Firm’s services; or (iii) the services and products of any Third Party;
iv.use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft;
v. abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
vi. engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
vii. 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 mobile phone, systems, devises and software solutions that are extensions of the Website;
viii. download any file posted in the Website that You know, or reasonably should know, cannot be legally distributed in such manner;
ix. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers, software solutions or networks connected to or accessible through the Website or any affiliated or linked Websites;
x. use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other Third Parties;
xi. violate any applicable laws or regulations for the time being in force within or outside Your home country;
xii. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xiii. threaten the unity, integrity, defence, security or sovereignty of Your home country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
xiv. disseminate information through the Website that is false, inaccurate or misleading, or violate any applicable laws or regulations for the time being in force in or outside Your home country.
b. You agree that Your use of the Website may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and the Partnership Firm accepts no responsibility for any lack of functionality that is due to Your equipment (including Your device, internet connection, operating system or settings and software).
a. All products, photographs, information, content, designs, services and software displayed on, transmitted through, or used in connection with the Website, (hereinafter referred to as the "Content"), as well as its selection and arrangement, is either owned by Us or the respective Author/Creator, who shall be duly credited. You may use the Content only through the Website, and solely for Your personal, non-commercial use.
b. You shall not copy or download pictures from the Website.
c. You understand that the furniture designs displayed on the Website are the result of great efforts on the Partnership Firm’s part and the Partnership Firm is the sole owner of copyrights over all the designs displayed.
d. You shall not copy or reproduce the furniture designs either in part or whole in any material or manner, for any purpose, without the express written permission of the Partnership Firm.
e. In the event that You download the images or copy the designs for any purpose or in any manner, it would amount to intellectual property infringement and the Partnership Firm may initiate legal proceedings against You for the same.
f. Further, you shall not republish any portion of the Content on any Internet, Intranet or extranet site or incorporate the designs or content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and You may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the designs or Content. You may not scrape or otherwise copy our Content without permission.
g. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
a. The Website can be used in all countries, worldwide. We make no representation that materials or Content available through our Website is appropriate or available for use outside any of these countries.
b.You are solely responsible for compliance with necessary laws and regulations for use of the Website in your location.
a.We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add and change for all or part of the Services for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/the home screen of the Website. We further reserve the right to withhold, remove and/or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.
b. We have no obligation to provide You with a copy of the information You or any other User provided on the Website or that the Website has accessed.
c. Further, We reserve the right, in Our sole discretion, to modify or replace any part of this Agreement at any time, effective upon the date of giving Users notice of the same. Notice shall be provided of such change via email to the Users and/or by posting a notice on the home screen of the Website.
d. You and We both understand that there may be instances of difficulty in accessing or receiving email communication. We are not responsible if any email notice gets caught by Your SPAM folder, or if You do not see the email, or if You have given Us an incorrect email id or if for any other reason You do not receive the email notice. Therefore, We encourage You to frequently open the Website to monitor any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/ or features through the Website. Such new features and/ or services shall be subject to the terms and conditions of this Agreement.
You agree to indemnify, hold harmless, and defend Us from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made Us in connection with any claim arising from or related to:
a. Your use or any Third Party’s use via Your account of the Service provided by the Website and its Content;
c. Any breach or violation of this Agreement, including any amendment, or of any statute or regulation by You, or any Third Party through Your account.
You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
The Website hosts information provided by third parties. We are in no manner responsible to You for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but We are not responsible for the information so furnished. You agree to not hold Us liable for the falsification of any such provided information.
We have made every effort to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on Your mobile/computer screen.
The Partnership Firm does not make any representation or warranties in respect of the products available on the Site nor does the Partnership Firm implicitly or explicitly support or endorse the sale or purchase of any products on the Site. The Partnership Firm accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
YOUR USE OF THE WEBSITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE PRODUCTS/SERVICES AND ANY CONTENT OR MATERIAL DISPLAYED ON THE SERVICE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY, SUITABILITY, COMPLETENESS OR RELIABILITY. WE WILL NOT BE LIABLE TO YOU FOR THE UNAVAILABILITY OR FAILURE OF THE WEBSITE OR ANY DISPLAYED PRODUCTS.
WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SERVICES BY ANY PERSON IN CONTRAVENTION OF THESE TERMS.
WE EXPRESSLY EXCLUDE ANY LIABILITY FOR (A) ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE BY US AND WHICH IS INCURRED BY YOU IN CONNECTION WITH THE WEBSITE,; AND (B) ANY LOSS OR DAMAGE INCURRED BY YOU AS A RESULT OF YOUR BREACH OF THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGE, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO TERMINATE YOUR USE OF THE WEBSITE.
Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
a. Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Partnership Firm reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
b. Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Mumbai, Maharashtra, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Mumbai, Maharashtra, India. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, Maharashtra, India and You hereby submit to the personal jurisdiction of such courts.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Partnership Firm by the User reducing the same to writing, and sending the same to the registered office of the Partnership Firm by Registered Post, or to firstname.lastname@example.org
a. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of the Partnership Firm at any time to require performance of any provision of this Agreement in no manner shall affect its right at a later time to enforce the same. No waiver by the Partnership Firm of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
c.Liability: The Website and the Partnership Firm shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
d. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.