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Terms and Conditions
The terms and conditions described in this document create an agreement between you and Nilibar. Before you may browse, select and purchase Clothing and Accessories from www.nilibar.com and its related sites you are required and advised to read and accept all the terms and conditions carefully listed below.
The Company has every right to add, modify or delete the portions of this agreement at any time. All updates and amendments shall be notified to you via posts on a website or through an e-mail. The revised version will be effective at the time we post it on the Site.
Please read all the terms and conditions carefully. These terms & conditions are a binding contract between the company and you. If you browse, select and purchase Clothing and Accessories from www.nilibar.com you accept all these terms and conditions.
By placing an order, you make an offer to us to purchase products you have selected, based on standard Site restrictions, on the terms and conditions declared below. You are required to create a personal account in order to purchase any product so we can easily access you to print your orders and view your previous purchases.
The Company takes no responsibility for the quality, safety, usability, or other aspects of a product or service that are sold or supplied by third party vendors.
TO READ THE COMPLETE TERMS AND CONDITIONS, HAVE A LOOK BELOW
DESCRIPTION OF SERVICES
In the Site, We offer end users the access to the purchasing of clothing and accessories at the price mentioned on the site.
The User shall be responsible for protecting the confidentiality of the Site’s password(s) if any. The User agrees that sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet, although the internet renders a secure environment. The company aims to make the Site accessible 24x7, the Site may be unavailable due to unavoidable reasons including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the The site may be interrupted, suspended or terminated from time to time.
Only the persons who can form lawfully obligatory contracts under Indian Contract Act, 1872 have the right to use this Site. Persons who are " incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors (under the age of 18 years), un-discharged insolvents etc. are not eligible to use the Site. As a minor, if you wish to purchase or sell an item on the Site, such purchase or sale may be made by your legal guardian or parents who have registered as users of the Site or else we reserve the right to terminate your membership and refuse to provide you with access.
You represent that you are of legal age to form a binding contract in consideration of the use of this site. You agree to provide us information true, exact and complete about yourself. If you provide any information that is unfair, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. You are solely responsible for maintaining the confidentiality of your account You also agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Access to and use of password protected and/or secure areas of the Site is available to authorized users only. Unauthorized individuals attempting to access the Site may be subject to trial.
YOUR INFORMATION (OR ANY ITEMS LISTED):
" Your Information" is the information you provide to us in the registration process, in the feedback area, bulletin board etc. or through any e-mail feature. You are exclusively liable for Your Information. We may only act as a passive medium for your online distribution.
The strong text in the following paragraph is added in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in case of non-compliance with rules and regulations the Intermediary reserves the right to right away end the access of the users.You shall not host, display, upload, modify, publish, transmit, update or distribute any information or share/list(s) any information or item that: (a) belong to a different person and to which You does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way;(d) infringes any patent, trademark, copyright or other proprietary rights (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person; (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. (j) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
The Site may provide Users with the ability to send email messages to other Users and non-users and to post messages on the Site.
The User shall be in charge of maintaining telephone, computer hardware or any other equipment needed for access to and use of the Site and all charges related thereto and hence, the Company shall not be liable for any damages to the User's equipment.
As computer monitors and screens of electronic devices may vary we cannot guarantee that your monitor or screen’s display of any color will be completely accurate. While we have made every possible effort to display as accurately as the colors of the products appear on the Site.
You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us. We will communicate with you by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
LICENSE AND SITE ACCESS
We provide you a restricted license to right to use of the Site’s Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party. You may not avoid any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall bring to a close the permission or license granted to you.
The Site or third parties may provide links to other World Wide Web sites or resources. Such Sites are unavoidable so you acknowledge that we are not responsible in any case for the availability of such external sites or resources. You agree that we shall not be responsible for any damage or loss caused or alleged to be caused by or in connection with the use of any such content.
PRICING INFORMATION IN CASE OF SALE BY US
We strive to provide you with the best prices feasible on products and/or services you buy from us. We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our policy and the prices shall be determined only at our sole discretion.
CANCELLATION BY US
There may be certain orders that we may be unable to accept and might cancel. We hold back the right, at our sole discretion, to refuse or cancel any order for any reason. If your order gets canceled after your credit card has been charged, the debited amount will be reversed back in your Card Account.
CANCELLATIONS BY THE USER
Orders can only be canceled only at the Company’s approval. If you wish to cancel your order, drop an email at [email protected] with your order number. Once your request is approved, we will refund your payment right away. Please note that it may take up to 7 to 15 business days to get your money back in your account. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
FRAUDULENT /DECLINED TRANSACTIONS
We may frequently observe the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges, and lawyers fees from persons using the Site fraudulently. We have all the rights to initiate legal proceedings against such persons for fraudulent use of the Site.
CREDIT CARD DETAILS
You validate that the credit card details you provide us for accessing the services on the Site will be truthful and accurate. You shall not apply the credit card which is not legitimately owned by you. Further, the said information’s confidentiality will be maintained by us and will not be shared with any of the third parties until or unless required for fraud verifications or by law. We take no responsibility of any credit card scam.
DISCLAIMER OF WARRANTY
We do not provide a warranty of any kind; either expressed or implied including warranties of merchantability and robustness for a particular purpose. All warranties, if any, relating to the product and services would only be provided by the supplier of such product and not by us. Any claim in relation to the same should be raised against respective manufacturer/supplier and not against us in any case whatsoever.
LIMITATION OF LIABILITY
You specifically agree that the company and its subsidiaries, affiliates, officers, employees, agents, shareholders, and licensors shall not be responsible for any direct, indirect, incidental, special, substantial or exemplary compensation, including damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, resulting from the use of this site, sale and supply of goods content or any related/unrelated services and other services offered on the site.
By using our services, you agree to indemnify and hold Nilibar, its respective officers, directors, shareholders, agents, and employees, from any claim or stipulate, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your violation of the Agreement incorporated by reference, or your breach of any law, rules or regulations or the rights of a third party.
The cost of our products is inclusive of the taxes levied by the government. The GST charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in agreement with the address where the order is being delivered.
We offer delivery of our merchandise worldwide and provide different available shipping options.
All orders are custom made, therefore requires a delivery time of at least 5-6 weeks from the date of the order submission as specified on the product details page.
The delivery times are analytical in nature and very rarely might be subject to delays due to customs delays or transportation delays. We aim to keep you informed at all times if we anticipate any unplanned delays in your delivery.
There can be a possibility that duties can be levied by the country you are in(varies from country to country). Payment of these at the time of delivery is necessary to release your order from customs on arrival.
We reserve every right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will comprise a separate agreement. If you fail to take delivery of the goods, we may at our end charge you for the additional shipping charge. Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be the following:
- (i) Unavailability of the product required
- (ii) Failure of the concerned manufacturer/supplier/designer/importer to deliver product to us
- (iii) Poor/defective quality of the relevant product ascertained through our quality audit process
- (iv) Inaccuracies or errors in product or pricing details. In the event we are unable to deliver the confirmed order(s) as mentioned above and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
Users are restricted from using the trademarks, logos and service marks displayed on this Site without our prior written permission. All information and content including available on or through the Site is our sole copyright. Users are prohibited from editing, copying, distributing, transmitting, displaying, publishing, selling, licensing or using any Content accessible on or through the Site for profitable or public purposes.
You shall have no right to bind the company in any way. Any notices shall be given through the email address provided to us during the registration. Unless the sending party is notified about the email address, notice shall be deemed after given 24 hours of sending of email is invalid.
If any clause of this Agreement shall be deemed void, such clause shall not affect the legitimacy of the remaining clauses of the Agreement.
In the Company’s sole discretion, it may reassign its rights and obligations without your prior consent.
If you breach this Agreement, we will still be entitled to use our rights and remedies in any other situation where you breach the aforesaid.
The Company may suspend this Agreement at any time because of any misconduct by the users. In spite of any other provisions of this Agreement, any provision of this Agreement that imposes continuing obligations on a party will survive.