Terms and Conditions
Terms and Conditions
The Brand SouthMania is owned by Mercato.
Mercato welcomes you!
We, at Mercato , are here to serve you with our utmost quality and adhere to strict policies and processes. We would advise you to go through our terms and conditions thoroughly. We understand that if you are visiting Mercato then you are accepting these terms and conditions. If you use any of our services or visit our website, you are subjected to use these terms and guidelines. Any other conditions or agreements prevailing in respect to our website will be superseded with these conditions. If you are using the shopping services at Mercato , you are bound to these conditions and Mercato reserves the rights to change/modify these at any time.
Usage of terms/instances:
- Website access and license usage
At Mercato , you are allowed to access limited information. You are not allowed to download, use or modify any content, images, or portion of information provided on the website. In case you want to use any information, you would need to take written permission from Mercato . The license for this website does not allow for any kind of resale or commercial usage of its products and content. This also prevents to download, copy, using account information for the benefit of someone else, data mining using any extraction tools, duplicating site content, reproducing products, selling, re-selling or any other exploitation for any other commercial purpose. All these acts have to be carried out with the written consent/permission from Mercato . You are also not permitted to use or extract any hidden information, trademark, logo, or any tags being used for the website without Mercato ’s consent. You are only given a few, non-exclusive rights to create a hyperlink to the homepage of Mercato . However, that should not be for any kind of misleading, false, derogatory, ownership of the same in any form or any offensive matters. Any unauthorized use of any graphic, trademark, logo, hyperlinks, or content will terminate the license given by Mercato . Any usage of any content of any kind should be used with prior permission from Mercato .
The images/content/logo used on the website, on any other pages related to website or in any communication/emails being sent to the user are the registered property of Mercato and cannot be used by the user for any kind of commercial/non-commercial usage or distribution without a written consent from Mercato .
- User account and security
While registering the account, user agrees to provide the basic information required to complete the registration process. The authenticity of the information and responsibility of it completely lies with the user. The username and password created by the user will be complete responsibility of the user himself. Mercato will not be responsible for maintaining the confidentiality of the account and password for the restricted entry and access to the website. Also, Mercato will not be responsible for any kind of activity that is done under your account or password.
Mercato holds the rights to terminate accounts, remove/edit/modify any information or cancel any order in their sole discretion. As Mercato works with various partners for various products, we will not be responsible for any warranty or after service of the products. The terms and conditions for the post-sale services and warranty/guarantee of the products will be applicable as per the terms of the respective business partner.
Mercato sells its products only to the adult users of over 18years of age. Mercato will permit you to shop if you are below 18, if that purchase is being done parent/guardian’s supervision. Else, Mercato holds the rights to cancel or terminate the services for that type of user.
- Electronic Communication
Electronic communication is any type of contact done by the user via our website or sending us emails. With the access of the website, it is understood that you are giving us the consent on the communication with you/us electronically. We may communicate via emails or newsletters or by posting any kind of notices on this website. We understand that you are aware and agree to all the agreements, notifications, disclosures, or any other type of communication provided to you electronically will satisfy any legal requirement that such communication be in writing.
- Disclaimer of warranties and liability limitations
Mercato uses the products provided from its business partners. This site is made available to you for your convenience and is provided without any warranties/guarantees and is working on as its condition. The currency used in the website is in the Indian Rupees.
The products listed on Mercato are made available to the users post our stringent process of checking and ensuring that the products are of high quality and standard. However, the products are listed on behalf of the manufacturer/vendor/seller and any information that is provided for the product is provided by the manufacturer/vendor/seller and Mercato does not have any responsibility of any kind of error or inaccuracy of such information.
The user bears the risk associated with the use of the site. The content and information provided on the website is the information from other sites and resources (with due credit), that are reputable and of high quality standards, however, we do not take the responsibility of the information provided for the product. We cannot take the responsibility for any kind of errors/defects/technical issues occurring with the information given about the product. The warranty of the product will be applicable as per the manufacturer of the product and all the specifications will be as per the product specifications of the manufacturer. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Mercato disclaims any kind of issue/claim/liability arising due to usage of any obscene, vulgar or altering/distorting of images available under this service. It also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not give any kind of warranty that our site, servers, or automated emails being sent are free from any kind of viruses or other harmful applications/components, and we will not be responsible/liable for any kind of damages happening due to use this site or its applications. Mercato bears no liability for any kind of monetary or damage occurred by: server failure, corruption of data and interruption in the operation of website or failure of data retrieval from the servers. Therefore, Mercato , its affiliates, employees or contracted firms/companies in no event be responsible for any direct, indirect, incidental, special or consequential loss/damage that includes damages for loss of use, data or profits, or anything to do with the use of Mercato or its services for loss of data or profits due to the connection with this agreement.
Mercato acts as a platform for your convenience to facilitate transactions between users and sellers/manufacturers. We are the booking agents for smooth integration through online shopping tools/website/customer care services, SMS, emails etc. Therefore, we will not be responsible/liable for any damage, losses, expenses or taxes being incurred by users or if the merchants/business partners are not able to provide the service of any product due to any reason. Mercato or its officials (at all levels) will not be liable for any claims/damages relating to the purchased products through any of the platforms of the website.
Mercato will not be responsible/liable for any kind of delay or non-delivery of products purchased by the user due to delay by vendor, trade organizations/manufacturers/shops, due to natural calamities like flood, fire, wars, strikes, curfew or acts of God or anything that is beyond our control.
The product availability completely depends on the availability of stock and hence Mercato can cancel the order at any time if stock is unavailable with the manufacturer/seller/vendor.
Mercato also holds the rights to cancel any order if it has been listed with incorrect price tag that can be due to technical issue and can be lower or higher than the published amount. In that case, the complete amount (either paid by credit/debit card) will be refunded to your account or sent via cheque. This condition can be applicable to a confirmed order as well.
In case of debit/credit card users, the Mercato is not liable for any kind of fraudulently activity. The user must use the card that has been issued in the name of the user. The liability of any kind of fraud on the use of debit/credit or net banking lies completely with the user and the ‘on us to prove otherwise’ shall also be on the user.
The services provided for product delivery are currently free for shipping in India. However, Mercato reserves the rights to add an additional shipping or product handling charges in future, if any kind of fee is charged by the manufacturer/vendor/seller.
Any request for cancellation of orders once duly placed on the site, shall not be entertained. Please refer to the Refund Policy for details. If the user has furnished any wrong details, while placing the order (for example Name, address, etc.), re-delivery charges will have to be borne by the user. In the absence of non-payment of the same, the ordered product will be canceled and returned to our office/warehouse.
The terms for Mercato are available for the user/person who is legally bound under the Indian Contract Act, 1872. Others, like minors, who are not included under the contract, will not be eligible for accessing/using/purchasing from Mercato website. The website reserves the rights of terminating your access to the website completely if you are not abiding by the terms mentioned on the website.
Mercato does not take any responsibility for any kind of loss or damage occurring directly or indirectly during the purchase being done by the users due to lack of authority for any transaction, decline of transaction, exceeding the preset limit of your bank, or any other payment issue occurring due to transaction(s).
The payments will be compulsory against any kind of purchase done by you on Mercato in Indian Rupees. In case of any issue, we may ask you to provide any ID card to ensure and establish the ownership of the payment method used by you for your purchase of product. This may be done at any stage of your purchase for safe and secure platform for our users.
You agree to defend, indemnify and hold harmless Mercato , its employees, any third-parties and their respective officers, directors, agents and their successors, from any and all claim/liabilities or demand, damages, costs and expenses or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, non-fulfillment of any of your obligations, rules or regulations including but not limited to the Intellectual Property Rights, payment of statutory dues and taxes, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or the rights of a third party. This clause will be applicable till the expiry or termination of this agreement.
9.Risk of Loss
The items being purchased or ordered from Mercato are made pursuant to the shipment/delivery contract with the vendor. Therefore, the risk of loss and title for any such items pass to you upon the delivery to the carrier by manufacturer/vendor/seller.
- Pricing and Product Description
The information provided on the product description is with the complete accuracy available and provided by the manufacturer/vendor/seller to Mercato . The product information does not warranty a defect free product or an inaccuracy with the product. You are free to return the product in an unused condition if you find the product delivered to you that was not described on the website or is not as per your order placed. For details, please refer to the Refund policy.
The pricing of the products on Mercato is as per the standard industry practice and in line with the retail value for a product offered on sale. The price provided for the product represents the full retail price listed on the product as offered by the manufacturer/vendor/seller and is then estimated as per the industry practice. The offered selling price will be the as per the best compared pricing and may or may not be prevailing price in any area as a particular. Therefore, the final price will be the price as displayed on the website on the shopping cart for the customer that will be inclusive or exclusive or any charges as per the terms of the website. Any change in the pricing will be updated regularly on the website policy and will be informed to the users via appropriate communication channel.
- Material/Comments/Content Submitted by Users
There may be certain parts or content of the website that will contain material that are being submitted by the users in the form of surveys, feedbacks, comments, emails, etc. We do not hold any kind of responsibility for the content or the accuracy of the information and will confirm to the applicable laws for that. You are free to post reviews on the products, your comments or submit your suggestions/ideas, however, it should not be illegal, vulgar, threatening, offensive, invasive of privacy or otherwise. It should not be objectionable or contain any kind of virus, commercial message, false rumors, spam messages or misleading statements. If we find any of the above criteria meeting with the content, Mercato reserves the rights to remove/delete or edit such content. We may not review such content on regular basis, however, can do random checks on it.
Any content that is submitted on Mercato is understood as a property for Mercato and we reserve the rights of using any or whole of the part of information/content to be use elsewhere using any kind of media. You agree to let use, reproduce, distribute or display the content anywhere using any media. It is understood that you are posting such content as a royalty-free and you have full rights on the content that you post. You will indemnify Mercato , its affiliates, its employees, officers, for all claims arising due to the content provided by you. You allow us to use the name that is provided with the content, if required by the team. You take the responsibility of the accuracy of the information provided and that the content will not violate any kind of policy or hurt anyone’s privacy or entity. Mercato does not take any responsibility of the content and does not take any liability of any content submitted by any user or third party.
Mercato reserves the rights to terminate this Agreement any time without any notice. The website also holds the rights to terminate any account, disable any password or user information in the event of any action by any user which is unacceptable as per the terms of the website or is breach of this end user agreement. Our right to any Comments shall survive any termination of this user agreement. Any such termination of the user agreement shall not cancel your obligation to pay for the product that has already been ordered and is under the process from the website or affect any liability that may have arisen under this user agreement.
- Non-Compliance with Agreement
Any user who is not adhering to the terms and conditions or legalities mentioned will be banned with the access to the website in its sole discretion. The user’s account will be deactivated or removed with immediate effect if any or all of the following conditions are found true.
- User is not in agreement with the terms and conditions mentioned in the website or is in breach of usage of policies of Mercato
- The user tries or attempts to extract any information illegally or without proper information
- The user misuses any functionality to make fraudulent activity
- The user knowingly provides inaccurate or incomplete information
- The user tries to upload or cause any harm or damage to the website using any virus or harmful application
- The user’s activities are causing any kind of harm, damage or offense to other users on the website
- The user tries to invade the privacy of other users or the website
- The user’s actions are illegal in terms of defaming the Mercato website or getting involved in any unauthorized activity via the website
Under all the above circumstances, a strict action will be taken and investigation or legal action will be taken. This will include without limitation, civil, criminal and injunctive redress.
- Other Terms
Arbitration proceedings – Mercato will ensure that there are no disputes with the users and the complete customer satisfaction is achieved every time with each order placed. However, if, due to some unfortunate circumstances, any dispute arises, it will be first referred to a sole arbitrator who will be an independent third party who will be identified with mutual agreement at Kottayam, Kerala. The proceedings will be conducted as per the Arbitration & Conciliation Act, 1996. The entire proceedings will be in English language.
Governing Law – All the terms and conditions mentioned in the website shall be governed under the laws of India without any reference to conflict laws principles or disputes arising in relation hereto and will be subject to jurisdiction and decisions of the courts of Kottayam, Kerala. Mercato holds the rights to update of make the changes to the policies and terms and conditions given on the website without prior information or communication to the users/customers of the website. Therefore, it is advised that the users should regularly update themselves with the disclaimers/policies/terms of the website.
Reporting Abuse content – Any user is entirely responsible for uploading or publishing any content/comment/feedback on the website. We do not review the comments on a regular basis and hence do not take any responsibility of the content posted by any user. The users are liable to the policies mentioned for posting their comments. However, you are free to report any such violation or these terms by sending us an email at our customer care. The website will take appropriate actions for the abused material and will intimate you on time.
Disclaimer and Entire Agreement for the Website –
The website does not hold any stock and the users have to login and view the products to make the order via proper login channel. The product will be made available till the stock lasts and does not guarantee the availability at all times. The product will be sold on first come first served basis. The alert will be sent in case the product is out of stock. For any other offers or contests, proper communication with the conditions will be made available for the users on the website. The terms and conditions for the contest or offers will be as per the contest/offer descriptions. In case of any conflict the terms and conditions of such contest/offer will prevail.
The above foresaid terms & conditions make the entire agreement for the website with the third parties or users. This will supersede any agreement, written or oral, for any subject matter with the website. The terms and clauses will survive till the termination or expiry of this agreement. This agreement is a digital creation and does not need any physical signatures.
Our Corporate Office address:
Poovakot buildings IV/29br /Kanjirathanam PO, Manjoor /Kerala, India – 686603