Terms and Conditions
TERMS AND CONDITIONS
These standard terms and conditions of use, as amended from time to time (the “Terms” or “Agreement” or “User Agreement”) is an electronic record in the form of an electronic contract formed under information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These Terms do not require any physical, electronic or digital signature.
These Terms are a legally binding document between you (“you” or “user” or “your” or “buyer” or “customer”) and Be Nimai Jewelry Private Limited, a company incorporated under Companies Act, 2013 having its registered office at B4/201, 3rd Floor, Safdarjung Enclave, New Delhi - 110029, India (hereinafter the “Company” or “seller”) where the seller has made the offer to sell the products by listing the same on this website www.shopnimai.com (hereinafter referred to as the “Site”) and buyer has accepted such offer of the seller by agreeing to buy the product so offered on the Site. These Terms will be effective and binding on the seller upon seller's advertising, exhibiting and creating a listing of the product on the Site, and shall be effective and binding on the buyer upon buyer agreeing to purchase the products so listed by the seller.
The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the India may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; shopnimai has no control over these charges, nor can shopnimai predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
Please read these Terms carefully before purchasing any products.
2. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Site, including terminating, changing, suspending or discontinuing any aspect of the Site at any time, without notice. We may impose additional rules or limits on the use of our Site. You agree to review the Terms regularly and your continued access or use of our Site will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Site or for any service, content, feature or product offered through our Site.
3. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Site and shall not sell, purchase or bid for any items on 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. We reserve the right to terminate your membership and refuse to provide you with access to the Site if it is brought to our notice or if it is discovered that you are under the age of 18 years.
The right to use the Site is personal to the user and is not transferable to any other person or entity. The user shall be responsible for protecting the confidentiality of their password(s), if any.
4. Your Account
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further 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. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
5. Products or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Site or limit the sales of our products or services to any person, household, geographic region or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Site are quoted in Indian Rupees. We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our Site.
6. Links to Third-Party
Websites Links from or to websites outside our Site are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
7. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our Site or services available in connection with our website. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our Site that:
(a) belongs to another person and to which you do not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (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.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
8. Your Personal Information
While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
10. License and Site Access
We grant you a limited license to access and make personal use of the Site and the service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
11. Pricing Information in case of sale by us
We strive to provide you with the best prices possible on products and/or services you buy from us, however, 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 pricing policy and the prices shall be determined only at our sole discretion.
12. Errors and Omissions
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the user under the Cash on Delivery (“COD”) option.
13. Cancellation by Us
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your card account.
14. Fraudulent /Declined Transactions
We may constantly monitor 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 reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time. Further, we will not be responsible or liable in any manner whatsoever, in case of a declined or cancellation of an in-process transaction.
In the event these Terms or your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of your obligations which by their nature should survive termination) will survive termination
15. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e., in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
16. Limitation of Liability
You expressly understand and agree that the Company and its subsidiaries, divisions, affiliates or their respective officers, directors, employees, agents, shareholders, successors, distributors, suppliers, third parties providing information on this Site and licensors shall not be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from use of the Site, sale and supply of goods content or any related/unrelated services and other services offered on the Site from time to time, whether based upon warranty, contract, tort, or otherwise, even if the Company has been advised of or should have known of the possibility of such damages or losses.
You shall to the fullest extent indemnify, hold harmless and defend the Company, its subsidiaries and affiliates, and their respective officers, directors, shareholders, agents, partners, contractors, vendors, manufacturers, distributers, representatives, affiliates and employees, from any claim, damage, loss, liability or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising in connection with
(i) your use or misuse of the Site; (ii) a dispute with a member; (iii) your breach of this Agreement, or the documents it incorporates by reference; or (iv) your violation of any law, rules or regulations or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the aforesaid indemnified parties.
18. Risk of Loss
The items purchased from our Site are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
19. Our Affiliates
The Company is not affiliated with websites or third parties that sell or advertise its products without a written agreement with the Company. The Company reserves the right to void all service, return, and other policies for orders and the Company’s products that were purchased through unauthorized sellers. The Company is not responsible for any representations by unauthorized sellers.
The trademarks, logos and service marks ("Marks") displayed on the Site are our property and/or the property of the respective persons. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, designs, graphics, button icons, and page headers photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws, trademarks, service marks, or other proprietary rights and laws. The Company owns a copyright and other proprietary rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, distribute, copy, reproduce, publish, transmit, publicly display, adapt, edit, participate in the transfer or sale, license, rent, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the user's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The user acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated. Use of the content and materials for any purpose not expressly permitted in these Terms is prohibited. We rely upon a network of independent vendors who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to you. We are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our vendors.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to Be NIMAI Jewelry Pvt. Ltd, B4/201, Third Floor, Safdarjung Enclave, New Delhi 110029, or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Agreement.
This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
In the Company’s sole discretion, it may transfer its rights and obligations (under this Agreement without your prior express consent.
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the user in the event of any conduct by the user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of this Agreement. Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.