TERMS AND CONDITIONS

Updated September 18, 2020

SECTION 1 - INTRODUCTION

The Mystic Daisy makes available information and materials on this website (www.themysticdaisy.com and www.themysticdaisy.in, the “Website”) subject to the following Terms and Conditions. This user agreement (“Terms and Conditions” or “Terms of Service” or “T&C” or “Terms” or “Agreement”) is between you (“You” or “User” or “Your” or “Buyer” or “Customer” or “Registered User”) and The Mystic Daisy (“Company” or “Us” or “We” or “Our” or “www.themysticdaisy.com” or “www.themysticdaisy.in”).

By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available on this Website. These Terms of Service apply to all Users of the Website, including without limitation users who are browsers, vendors, customers, and/ or merchants.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, replace, add, or delete any part of these Terms of Service by posting updates and/or changes to our Website at any time without any prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes your acceptance of those changes.

The domain names themysticdaisy.com and themysticdaisy.in are registered in the name of The Mystic Daisy. Our store is hosted on Wix. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 2 - USER’S OBLIGATIONS

2.1 Age of consent

By using this Website, you represent and warrant that you are at least the age of majority in your state or province of residence, and possess the legal authority, right and freedom to enter into and form a binding agreement, for yourself or on behalf of the person or entity committed by you to our Terms of Service under the applicable laws of the Republic of India. If you are under the age of majority in your state or province of residence, you may only use The Mystic Daisy services under the supervision of a parent or a legal guardian who agrees to be bound by these Terms of Service.

The Mystic Daisy reserves the right to terminate your membership and refuse to provide you with our Services if it is brought to its notice or if it is discovered that you are under the age of majority in your state or province of residence.

2.2 You undertake and agree to:

fully comply with all applicable laws and any other contractual terms which govern your use of the Services (and any related interaction or transaction), including those specific laws applicable to you in any geographical location
be solely responsible and liable with respect to any of the uses of the Services or all activities that occur under your User Account and for maintaining the confidentiality of your User Account and Password
provide current, complete and accurate information about yourself as prompted by Website registration form or provided by You as a Visitor or User of a third-party site through which You access the Website. You agree to promptly update your account and other information related to purchase or use of our Services. In case of a dispute on any of this information, based on our reasonable judgement we reserve the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with our Services.
receive administrative messages related to your purchase and from time to time promotional messages and materials from The Mystic Daisy or its partners, by e-mail or any other contact information you may provide us with (including your phone number for calls or text messages). You can choose to unsubscribe anytime by writing to us at info@themysticdaisy.com.

2.3 You agree and undertake not to:

copy, modify, create derivative works of, download or distribute (i) content from our Website or any other digital platform (ii) any ‘The Mystic Daisy’ copyrights or trademarks
infringe upon or violate our intellectual property rights or the intellectual property rights of any other third-party
use the Website or its content or any of our Services for any unlawful purpose or to solicit others to perform or participate in any unlawful acts
violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
submit, upload, send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, discriminatory (on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability), obscene, immoral, menacing or otherwise objectionable
use any of the Services and/or User Platform in connection with commercial solicitation, political campaigning, any form of spam, unsolicited mail, fraud, scam, phishing, chain letters, mass mails or similar conduct, or otherwise engage in unethical marketing or advertising
use any illegal action to collect login data and/or passwords for other websites, third-parties, software or services
collect or track the personal information of others
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable
upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or our Services or of any related website
submit false or misleading information or impersonate any person or entity, including, but not limited to, The Mystic Daisy official, or falsely state or otherwise misrepresent your affiliation with a person or entity
post content or products in an inappropriate category or areas on our Websites and services
act in a manner which might be perceived as damaging to The Mystic Daisy’s reputation and goodwill or which may bring The Mystic Daisy into disrepute or harm
to interfere with or circumvent the security features of the Service or the Website or any other related website

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you. In case it is found that you are in violation of these conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that The Mystic Daisy shall in no manner be held responsible for the same.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time.

2.4 User comments, feedback and suggestions

We welcome any form of feedback, comments or suggestions about our Services ("Feedback"). However, you acknowledge and agree that we will have the right to use any and all Feedback at our sole discretion, for any and all purposes, commercial or otherwise, without any obligation of any kind to you. In any case, we are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to act on, use or respond to any Feedback.

You agree that your Feedback is accurate, complete, and does not violate any third-party rights, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 3 - PRIVACY

The Mystic Daisy cares deeply about the privacy of its Visitors and Users, and is fully committed to protect their personal information and use it properly in compliance with applicable data privacy laws. Any personal information submitted or captured through our Website or through the use of our Services is governed by our Privacy Policy. We encourage you to read our Privacy Policy and each such Third-Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

SECTION 4 - THIRD-PARTY LINKS

Our Website may contain links that will direct you to third-party websites that are not owned or controlled by us. These links are provided for your convenience only and may not remain current or accurate at all times. We are not responsible for examining, screening or evaluating the content or security of these websites 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 that may be offered or obtained through them.

We are not responsible for the policies and privacy practices of these third-parties. It is your responsibility to review carefully their policies and practices before accessing their websites or engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 5 - PRODUCT PURCHASES, PRODUCT DETAILS AND SPECIFICATIONS

5.1 Orders, Billing and Cancellation

All products are subject to availability and we reserve the right, but are not obligated, to limit the sales of our products or Services to any person or entity or geographic region. 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, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

The Mystic Daisy shall have no liability in case products are sold out, nor for image or typographical errors on the Website, e.g. errors in the product description or technical specification, inaccurate prices and price adjustments (such as changed prices from suppliers, change in currencies) or incorrect information with regards to whether a product is in stock.

The Mystic Daisy reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. If an inaccurate price has been stated for a product ordered by the Customer, we will notify the Customer accordingly and await the Customer’s approval of the amended price prior to continuing with the order process.

When a product featured on our Website is no longer in stock, we make every attempt to remove that item from the Website in a timely manner. However, in an unfortunate event, wherein we receive an order that is out of stock, we will notify the Customer by e-mail as soon as possible and the amount will be reversed into the Customer’s account/ as the case may be to the source of the payment within a period of 30 working days.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

We are presently offering our products exclusively for your personal use. However, in case you are interested in buying large quantities of products, please contact us at info@themysticdaisy.com.

5.2 Product Information and Pricing Disclaimer

We have made every effort to describe and display the products offered on our Website as accurately as possible. However, The Mystic Daisy does not warrant that product descriptions or other content is 100% accurate, complete, reliable, current, or error-free. We cannot guarantee that your computer monitor's display of any colour will be accurate. All descriptions of products or product pricing displayed on the Website across all geographies are subject to change at any time without prior notice, at our sole discretion.

The product price displayed on the Website only reflects the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination of shipment. The displayed product price does not include shipment fee which is additionally calculated at the time of checkout. The Customer will be responsible for paying any additional taxes, duties, or surcharges imposed by the applicable law as per the destination of delivery.

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. If a product offered by The Mystic Daisy is not as described, you may contact The Mystic Daisy within 24 hours of receipt of the product and we reserve the right to provide a solution as per our discretion. The Mystic Daisy is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

From time to time there may be information on our Website that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Mystic Daisy reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

5.3 Payments

The Customer can make the payment for their purchase via several payment options available on the Website. The Mystic Daisy reserves the right not to offer all payment methods at all times, alternatively change payment method if the selected payment method does not work, for whichever reasons, at the time of fulfilment of the order. Please note that limitations of available payment methods are set forth on the Website.

The Mystic Daisy may employ third-party payment providers such as PayPal, CitrusPay etc. for processing payments on the Website. Such payments along with the personal information provided by the Customer will be governed by the Privacy Policy and Terms and Conditions of the respective third-party payment providers. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third-parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services.

5.4 Shipping and Delivery

Shipping charges are levied in addition to the product price displayed on the Website. The shipping charges are calculated at the time of checkout as per the destination of delivery.

Products in stock are normally delivered within the number of working days set forth on the Website, unless otherwise stated (e.g. in connection with a political condition, natural disaster, delays at customs and likewise). While we endeavour to deliver all orders on-schedule, we cannot guarantee that our shipping providers or suppliers will not experience any shipping delays or problems. In such cases, the customers will be notified by e-mail.

5.5 Return and Exchange Policy

We are committed towards providing you the best quality of art prints with accurate descriptions and visuals of the artwork on our Website. All art prints at The Mystic Daisy are available in limited editions unless stated otherwise and are exclusively made for you. By purchasing a limited edition print you are committing to a conscious decision to purchase a fine art print that will be individually printed on demand, personally hand signed, numbered, and quality checked by the artist. There is no stock kept or stored by us to ensure individuality and the protection of edition numbers. Due to this nature of our business and as a small brand, we are sadly not in a position to accept any cancellations, returns, refunds or exchanges, as these artworks are printed on demand and the printing costs cannot be recovered.

We take extreme care while packing each order to ensure you receive the product in best shape. However, in case you receive a damaged product or an incorrect product, the same needs to be communicated to us by e-mail at info@themysticdaisy.com within 24 hours of its receipt. Any communication received after 24 hours of delivery shall not qualify for return even in case the said product has been wrongly delivered.

The Mystic Daisy holds the sole discretion to determine whether a return or refund or exchange can be issued. For further details please read our Shipping and Returns Policy.

5.6 Errors, Inaccuracies and Omissions

We endeavour to present the most recent, most accurate, and most reliable information on our Website at all times. However, there may be occasions when some of the information featured on our Website or in the Service may contain incomplete data, typographical errors, or inaccuracies that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors are wholly unintentional and we apologize if erroneous information is reflected in product price, product availability, or in any way affects your individual order.

Please be aware that we present our content 'as is' and make no claims to its accuracy, either express or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a product on our Website is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, The Mystic Daisy reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. The Mystic Daisy shall have the right to refuse or cancel any such orders whether or not the order has been confirmed. If you have already been charged for the purchase and your order is cancelled, we will notify you by e-mail as soon as possible and the amount will be reversed into your account/ as the case may be to the source of the payment within a period of 30 working days.

SECTION 6 – REGISTRATION AND ACCOUNT INFORMATION

As a condition of using some features of the Website including placing an order on the Website for the products, you will be required to create an account (User Account).

When creating an account (a) you must provide current, complete and accurate registration and contact information; (b) you should not select or use the User Account of another person with the intent to impersonate that person; (c) you should not use a name as User Account, which is subject to any rights of a person other than you without appropriate authorisation; (d) you should not use a name as User Account that is vulgar, offensive or obscene in any way.

You are solely responsible for all the activity that occurs through your account and shall be responsible for maintaining the confidentiality of your password.

You agree to notify us immediately of any breach of security or unauthorised use of your account. Although we will not be liable for your losses caused by any unauthorised use of your account, you may be liable for our losses or the losses of others due to any unauthorised use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.

You may also choose to access the Website through a third-party site or service provider including any social networking website (such as “Facebook or Google Sign In”)(“Third-Party Service provider”). You shall only use the account maintained with Third-Party Service Provider that belongs to you, and not to any other person or entity. We do not verify your data or inputs provided while creating the User Account and hence, you shall be solely responsible for any and all of such information.

We reserve the right to refuse registration of or cancel a User Account at our sole discretion.

SECTION 7 – OWNERSHIP, COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The Website (“www.themysticdaisy.com” and “www.themysticdaisy.in”) is controlled and operated by The Mystic Daisy and all products are sold by The Mystic Daisy. All material on this Website, including text, images, illustrations, photography, logos, compositions, audio clips, and video clips, unless otherwise noted, are owned and controlled by The Mystic Daisy and are protected by copyrights, trademarks, and other intellectual property rights. The content of this Website and the Website as a whole are intended solely for your personal and non-commercial use.

Except where expressly noted, no other permission is granted to print, copy, reproduce, republish, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Website. Without the prior written consent of The Mystic Daisy, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

All Content and Services are owned by The Mystic Daisy and are protected by Indian and International copyright laws, trademark laws, and/or other proprietary rights and laws. The trademarks, logos, and product names displayed on or in connection with our Services are the registered and unregistered trademarks of The Mystic Daisy.

These Terms of Service do not grant you ownership or license over any such content, whether by implication or otherwise. These Terms do not grant you the right to use any of our trademarks, logos, product names, collection names, domain names, other distinctive brand features, or any other material available on the Website in any way.

SECTION 8 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The Mystic Daisy (on behalf of itself and each and every parent, subsidiary, division, affiliate, whether existing now or created hereafter) makes no representations and extends no warranty of any kind or assume any liability whatsoever, either expressly or by implication, of merchantability or fitness for a particular purpose, description, size, quality, condition, durability, authenticity, medium, provenance, literature or historical relevance of the Work or the non-infringement of any third-party proprietary rights. We are not responsible for any errors or omissions in any information on the Website or elsewhere regarding the Work.

All information, content, products and other Services provided hereunder are provided “as is” and “as available” for your use, unless specified otherwise. We do not warrant that the buyer will acquire any copyright or other reproduction right to the Work.

Given the unpredictability of technology and the online environment, The Mystic Daisy does not warrant that the function or operation of this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time, without any prior notice to you. As a Visitor and User of this Website, you expressly agree that your use of, or inability to use, the Service is at your sole risk and that you assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our Website.

As a Visitor and a User of this Website, you, in effect, agree that your access will be subject to the Terms and Conditions set forth hereunder and that access is undertaken at your own risk. The Mystic Daisy shall not be liable for damages of any kind related to your use of or inability to access this Website.

All the products sold on our Website shall be solely governed by the Indian Laws. The Mystic Daisy shall not be responsible for any non-compliance with regard to the local laws of any territory for any product available on this Website. It is your responsibility to ensure that the products purchased on this Website are not restricted in your territory.

In no case shall The Mystic Daisy, our proprietors, employees, affiliates, agents, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 9 – INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Mystic Daisy (and its subsidiaries, affiliates, joint ventures, officers, proprietors, agents, employees, suppliers and service providers) from and against any and all claims, liabilities, damages, losses, costs and expenses, including but not limited to attorneys’ fees, caused by or arising out of claims based upon Users’ actions or inactions, which may result in any loss or liability to The Mystic Daisy or any third-party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms and Conditions or arising out of the your violation of any applicable law, regulations including but not limited to Intellectual Property Rights, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Users.

SECTION 10 – SEVERABILITY

If any provision of these Terms of Service is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from the remaining Terms of Service; such determination shall not affect the validity, legality and enforceability of any other remaining provisions.

SECTION 11 – FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, omission or accident beyond our reasonable control and shall include in particular, without limitation, the following:

internet failures, computer equipment failures, payment processor failure, telecommunication equipment failures, and any other equipment failures
prolonged shortage or loss of energy supply
epidemics and quarantines
strikes, labour disputes, shortages of labour or materials, lock-outs or other industrial action
riots, insurrections, civil disturbances, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
fires, floods, storms, earthquakes, explosions, or other natural disaster
legislation, regulations or restrictions of any government
orders of domestic or foreign courts or tribunals
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
impossibility of the use of public or private telecommunications networks
any shipping, postal or other relevant transport strike, failure or accident
non-performance of third-parties

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

SECTION 12 – TERMINATION

These Terms and Conditions shall remain in full force and effect while you continue to use this Website or our Services. These Terms are effective unless and until terminated by either you or us.

You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

We may terminate and/ or suspend your registration and/ or your access to the Services, effective immediately, without notice, if in our sole discretion, it is determined that there has been a violation of these Terms of Service, other policies or any other terms that may be published on the Website, either by you or any other person using your credentials. We shall not be liable to you or any third-party for any termination of your access to the Website.

Upon termination of your account, your right to use or access certain features of the Website will immediately cease. All provisions of these Terms and Conditions which, by their nature and context, are intended to survive termination, deactivation or suspension of your User Account, shall survive termination. We will have no liability to you for any claims arising from the termination or suspension of your access to the Services or your account.

SECTION 13 – ENTIRE AGREEMENT

These Terms of Service and any policies or documents or operating rules expressly referred by us on this Website represent the entire agreement between you and us in relation to the subject matter of these Terms and govern your use of the Service, superseding any prior agreement, understanding, communication or proposal, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service are not assignable, transferable or sub-licensable by you and any such attempted assignment shall be invalid. The headings used in this agreement are for reference purposes only and do not limit the scope or extent of any provision of these Terms of Service.

Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not act as a waiver of such rights and provisions.

SECTION 14 – LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the applicable laws of India. Any claim or dispute arising from or related to this Agreement or your use of the Website shall be subject to the exclusive jurisdiction of the Courts of New Delhi, India.

SECTION 15 – RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to update, change, replace, add, or delete any part of these Terms of Service by posting updates and/or changes to our Website at any time without any prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 16 – CONTACT INFORMATION

If you have any questions or queries regarding these Terms of Service, please contact us by e-mail at info@themysticdaisy.com.

We will do our best to respond to you in a timely and professional manner to answer your questions and resolve your concerns.