The portal, www.mistry.store.com (“Website”) and the mobile application ‘Mistry.Store’ (“App”) (collectively “Platforms”) is managed and operated by Infraequity Technologies Private Limited (“Mistry.Store” or “We”), a private limited company incorporated under the Companies Act, 2013 with its registered office located at 1704, Tower 4, The Palms South City 1, Sector 30 Gurgaon Gurugram HR 122001 India & Warehouse at Plot no-24, CRPF Road, Sec – 61, Gurugram, HR 122011 India. Mistry.Store is inter alia engaged in the business of wholesale and retail trade in home improvement sector and sale of their allied and auxiliary products (“Products”), through brick and mortar stores and through it’s Platforms and providing other home design and decor solutions (collectively as “Services”) to the users of the Platforms (“User” or “You” or “Your”)
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Registration. In order to avail the Services or certain features on the Platforms You may be required to register and set up and account on the Platforms (“Account”). Registration is a one-time process and is free of cost. You may register and create an Account in one of the following ways:
We may, but shall not have any obligation to, at our sole discretion ask for the verification of Your Account and information provided by You and hence, it is advisable to provide valid and correct information e.g. like email address or mobile number etc. while creating an Account. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of Your Account on the Platforms.
You authorize Us to:
Transaction on the Platforms is available only to persons who are competent to contract under the Indian Contract Act, 1872. You represent and warrant to Mistry.Store that: (a) You are 18 (eighteen) years of age or older and You shall not fall within the definition of “incompetent to contract” within the meaning of Indian Contract Act, 1872; (b) Your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to Mistry.Store in connection with the Platform and/or Services is true and accurate. Mistry.Store reserves the right to terminate Your Account and/ or refuse to provide You access to the Platforms if it is discovered that You are incompetent to contract within the meaning of the Indian Contract Act, 1872 or the information provided by You is inaccurate or if You violate any applicable laws.
All information, content, material, text, graphics, images, videos, illustrations, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services contained on the Platforms (“Content”) are and continue to be the sole and exclusive intellectual property of Mistry.Store or the relevant third party, as applicable and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names trade secrets and Content in relation to the Platforms whether or not displayed on the Platforms, are proprietary to Mistry.Store or the relevant third party.
You agree to protect Mistry.Store's proprietary rights and the proprietary rights of all others having rights in the Services and to comply with all reasonable written requests made by Us or Our suppliers and licensors of Content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services.
No Content from the Platforms or the Platforms or any part thereof may be copied, modified, altered, reproduced, republished, uploaded, posted, transmitted, broadcasted, distributed, sold or transferred (whether in whole or in part) whether, directly or indirectly and You must not assist any other person to do so in any way without the express written permission of Mistry.Store. Any unauthorized use terminates the permissions granted in these Terms.
You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by Us through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Mistry.Store. You further acknowledge that the Services may contain information which is designated as confidential by Mistry.Store and that you shall not disclose such information without Mistry.Store's prior written consent.
The Content provided on the Platforms and the Products are for Your personal use only. Without the prior written consent of Mistry.Store, modification or use of the Content on any other website / networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights and is strictly prohibited.
The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
Mistry.Store authorises You to view and access Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy. Mistry.Store, therefore, grants to You a limited, revocable license to access and use the Services.
It is expressly clarified that You will retain ownership and shall solely be responsible for any material, review, feedback, comments, images, videos, text, data or any other material uploaded, posted, transmitted or stored by You on the Platforms (“User Content”). You hereby grant to Mistry.Store a royalty-free, perpetual, irrevocable, non-exclusive, unconditional and worldwide right and license to use, adopt, publish, reproduce, disseminate, transmit, distribute, modify, copy, use, create derivative works from, display worldwide, or act on any User Content without additional approval, royalty or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such User Content, and You waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by You to Mistry.Store through the Platforms.
The User hereby affirms that the User Content provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). You may not use any meta tags or any other “hidden text” utilising Mistry.Store's or its affiliates' names or trademarks without the prior written consent of Mistry.Store and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Mistry.Store and / or its affiliates, as applicable.
Any infringement shall lead to appropriate legal proceedings against You at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Mistry.Store's Content in whole or in part except as expressly authorized by Mistry.Store.
You release and indemnify Mistry.Store and / or any of its directors, officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platforms and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Mistry.Store cannot take responsibility or control the information provided by third parties on the Platforms. You may find such information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platforms. Please note that there could be risks in dealing with people acting under false pretense.
The price of the Product is displayed in Indian Rupees. The price unless specified otherwise is inclusive of all applicable taxes including GST, customs duty, excise duty or other tax or levy that the User may be required to remit in connection with such a transaction. The price is provided on the Application on an 'as is' basis. Due to technical reasons, there may be errors in price which may be corrected by Mistry.Store at any time and any acceptance of offer of sale by the Users of the Products subject to such faulty selling price shall, subject to Your discretion, not be a valid acceptance and such Transaction can be avoided by You.
You agree and acknowledge that You will have to make the requisite payment for the Products and /or Services availed by You on the Platform. Mistry.Store accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platforms from time to time. The payments made by You through the Platforms for the purchase of the Products and / or Services, is subject to the Fees and Payment Policy, which is incorporated herein by reference.
The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the User. However, there may be circumstances where the Product may not be available to be delivered to the User after the purchase transaction. In such an event, You may cancel or instruct Mistry.Store to cancel such transaction without any recourse to You and without any liability to Mistry.Store. If Your order is so cancelled after some payments for the order have been processed, the said amounts will be reversed / remitted to the Buyer in accordance with the Agreements.
Upon payment of the consideration for the Products or undertaking to pay for the Product (in case of cash on delivery), the Product shall be delivered to You, in accordance with the Delivery Policy, which is incorporated herein by reference.
All information in relation to third parties, including sellers and the Products as available on the Platforms (“Third Party Information”) are provided solely for reference. Mistry.Store is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and You access the Third Party Information at Your own risk.
The material on the Platforms is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Platforms is at Your own risk.
You may cancel any order made on the Platform, return the Products purchased on the Platform as per Cancellation, Returns and Refund Policy, which is incorporated herein by reference.
We reserve the right, but are not obligated, to limit the sales of the Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that We offer. All descriptions of Products or product pricing are subject to change at anytime without notice, at the sole discretion of Mistry.Store. We reserve the right to discontinue any Product at any time.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected. Mistry.Store is not responsible for any damages to the Products, or Products being out of stock, unavailable or back ordered.
The warranties related to the Products and after sales services, if any related to Products are subject to the terms provided by the Manufacturer of the Products. Mistry.Store does not have any control over such warranties and plays no determinative role in the same and hence does not stand liable for the outcomes of such warranty terms.
The User acknowledges that before placing an order for a Product the User has performed a diligence and background check of the manufacturers of the Product, their creditworthiness, genuineness of the Product and is entering into the transaction being aware of the warranty terms of the manufacturer.
Mistry.Store shall neither be liable nor responsible for any actions or inactions of the manufacturers nor any breach of conditions, representations or warranties by the manufacturers of the Products and hereby expressly disclaim and any all responsibility and liability in that regard.
Third-party links on the Platforms may direct You to third-party websites that are not affiliated with Mistry.Store. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.
Mistry.Store will try to make access to and use of the Platforms error-free. However, Your access to the Platforms may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that Mistry.Store does not take responsibility for any access or use problems that arise from internet related issues at Your end. Mistry.Store reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.
As a means to assist you in identifying the Products of Your choice, Mistry.Store provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Mistry.Store disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to You. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that Your computer monitor's display of any color will be accurate. The appearance of the Product when delivered may vary for various reasons.
The Services included on or otherwise made available to You through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. Mistry.Store makes no warranty or representation and disclaim all responsibility and liability for any harm to Your computer system, mobile, tablet or any other similar device or loss of data, or other harm that results from Your access to or use of the Platforms.
Mistry.Store does not covenant or warrant that:
You may make comments, write certain reviews, send certain specific submissions (for example contest entries), creative ideas, suggestions, proposals, plans, or other materials or any other user generated content whether online, by email, by postal mail, or otherwise (“UGC”). Accordingly, the Platforms may contain UGC. Mistry.Store does not claim any ownership rights to the text, files, images including photos, videos, sounds, musical works or any UGC that You may submit or publish on the Platform. After posting any UGC on the Platform, You continue to own the rights that they may have in that UGC, subject to the limited license set out herein below.
You agree that Mistry.Store may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any UGC that You submit to Mistry.Store. We are and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay compensation for any UGC; or (3) to respond to any UGC.
You are solely responsible for any UGC You submit to Mistry.Store and it’s accuracy. We take no responsibility and assume no liability for any comments or UGC posted by You or any third-party.
We are committed to removing listing or content on the Platforms which infringes any intellectual property rights of others. To facilitate this, We have a verification process so that the Users who are intellectual property owners could easily report listings or content that infringe their rights. In the event that You believe that Your intellectual property right have been infringed by any of our Users, please email Us immediately at contact us @email@example.com along with the information set out below:
We will respond to all infringement notices and will comply with all applicable law in relation to the take down of such listings or content on the Platforms. We also reserve the right to terminate a User's account if the User is guilty of such infringement.
When You send Us an infringement notice, You: (i) declare that all statements made by You are true; (ii) acknowledge and agree that We may share Your infringement notice with third parties including the parties involved in the allegedly objectionable activities / infringing activities, our group companies, our legal advisors and other third parties; (iii) You agree to indemnify Us in the event Your notice is issued with any malafide intentions and we suffer any loses for taking action based on Your notice.
On receipt of Your notice and we will verify the allegations and if We find that the alleged listing / content is infringing Your intellectual property rights, We shall remove the listing / content with 48 (forty eight) hours of the receipt of Your notice. The decision of Mistry.Store in this regard shall be final and binding.
Mistry.Store has the right to restore listing of the Product in the event that You are unable to prove that the alleged listing / content is infringing Your intellectual property rights. We are further not obligated to respond to any further takedown notices in relation to same alleged infringements.
You agree to indemnify, defend and hold harmless Mistry.Store, its affiliates, holding companies, group companies, subsidiary companies, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the Your access to or use of the Platform or the Services, violation of these Terms, or infringement of any intellectual property or other rights of Mistry.Store or any third-party or breach of applicable laws. Mistry.Store will notify You promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, You agree to provide Mistry.Store with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
To the fullest extent permitted by law, in no event shall Mistry.Store or any of its affiliates, holding companies, group companies, subsidiary companies, directors, officers, employees, agents, contractors or content or service providers (collectively, the “Mistry.Store Representatives”) be liable to You for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, revenue, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platforms or for any other claim related in any way to Your use of the Services or Platforms including, but not limiting to, any error or omissions in the Content, materials and functions related thereto, the Services, provision of information via the Platforms, lost business, even if such Mistry.Store Representatives have been advised of the possibility of such damages. The combined liability of Mistry.Store (if any) for any losses or claims arising out any transaction on the Platforms shall not exceed the total amount paid to Mistry.Store by the User for such transaction. In the event the applicable laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, then the liability of Mistry.Store Representatives shall be limited to the maximum extent permitted by law.
In no event shall Mistry.Store Representatives be liable for:
Mistry.Store is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Mistry.Store is not obligated to mediate or resolve any dispute or disagreement amongst two or more Users of the Platform.
None of the directors, officials or employees of Mistry.Store shall be personally liable for any action in connection with the Platform or the Services.
Mistry.Store makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
You hereby understand that with Your registration onto the Platform, You may receive notifications from Mistry.Store in the form of SMS, whatsapp messages, etc. on their registered mobile number or e-mail ids. These notifications could relate to their registration, transactions that they carry out through the Platform and/or promotions. Further, Mistry.Store may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while Mistry.Store endeavors to provide these notifications and reminders to You, Mistry.Store does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to You. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from Mistry.Store at any time by following the procedure set forth on the Platform.
These Terms shall be effective from the date of their publication on the Platform.
Mistry.Store reserves the right, at it’s sole discretion, to suspend or terminate its Services and restrict, suspend or terminate Your access to the Platforms in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by You or if Mistry.Store is unable to verify or authenticate any information submitted by You.
You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement You will be obligated to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
No provision in these Terms will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Mistry.Store. Any consent by Mistry.Store to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
The User may submit any grievance with respect to the Platform or the Services, including with respect to any abuse on the Platform, including any discrepancies or grievances with respect to processing of information, to the Grievance Officer at:
Infraequity Technologies Private Limited
1704, Tower 4, The Palms South City 1, Sector 30, Gurugram HR 122001 IND
Name: Siddhant Yadav
These Terms, all transactions consummated between You and Mistry.Store and the relationship between You and Mistry.Store is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Bangalore.
Infraequity Technologies Private Limited
CIN No. - U51909HR2022PTC102078
1704, Tower 4, The Palms South City 1, Sector 30, Gurugram HR 122001 IND