Terms & Conditions
TERMS
& CONDITIONS
This document is an electronic record in
terms of Information Technology Act, 2000 & rules thereunder as applicable
and the amended provisions pertaining to electronic records in various statutes
as amended by the Information Technology Act, 2000. This electronic record is
generated by a inputer system and does not require any physical or digital
signatures. This document is published in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and
Terms of Use for LABEL NAINA SETH or usage of www.nainaseth.com. Please
read the following terms and conditions very carefully as your use of service
is subject to your acceptance of and in compliance with the following terms and
conditions ("Terms"). By subscribing to or using any of our services
you agree that you have read, understood and are bound by the Terms, regardle LABEL
NAINA SETH of how you subscribe to or use the services. If you do not want to
be bound by the Terms, you must not subscribe to or use our services.
In using the Naina Seth.com service, of LABEL NAINA SETH
you are deemed to have accepted the Terms and Conditions of the agreement
listed below or as may be revised from time to time, which is, for an
indefinite period and you understand and agree that you are bound by such terms
till the time you access this website/app. If you want to ask us anything about
these terms & conditions or have any comments or about our website/app
please email us at nainasethofficial@gmail.com.
Terms & Conditions for LABEL NAINA SETH
credits
Balance
in Credits can be redeemed for merchandise in the form of a coupon code at
website/app www.nainaseth.com
By
using nainaseth.com coupon Credits, you agree to all Terms &
Conditions for nainaseth.com Credits.
Balance
in LABEL NAINA SETH coupon Credits is not redeemable for cash.
Balance
in LABEL NAINA SETH Credits must be utilized by indicated expiry date. The
expiry date of individual line items under LABEL NAINA SETH Credits cannot
be extended under any circumstances.
No
two coupon credit codes can be used simultaniously.
LABEL
NAINA SETH Limited shall not be liable and responsible for any
unauthorized and/or fraudulent purchase/s made using LABEL NAINA SETH
coupon Credits. The holder of LABEL NAINA SETH coupon Credits account
shall be solely responsible for the safe custody of the coupon code and
the credentials.
The
order of redemption of individual line items in LABEL NAINA SETH coupon
Credits is based on nearest date of expiry. This cannot be changed.
LABEL
NAINA SETH reserves the right to amend the terms & conditions at its
discretion without prior notice.
Dispute/s
subject to Mumbai jurisdiction.
Payment Terms
You
agree to pay the price applicable for the product or service on our
website/app (www.nainaseth.in) and the LABEL NAINA SETH Limited mobile
applications for shopping at the time you submitted your order (Product
Price).
All
payments are non-refundable (except as expressly by LABEL NAINA SETH set
forth in the Terms and Conditions).
Ownership of Rights
All rights, including copyright, in this
website/app are owned by or licensed to LABEL NAINA SETH. Any use of this
website/app or its contents, including copying or storing it or them in whole
or part, other than for your own personal, non commercial use is prohibited
without the permission of LABEL NAINA SETH. You may not modify or distribute
something on this website/app for any purpose.
Accuracy of Content and Invitation to Offer
LABEL NAINA SETH has taken every care in the
preparation of the content of this website/app, in particular to ensure that
prices quoted are correct at time of publishing and all products have been
fairly described. All prices are displayed inclusive of all taxes.Please note
the custom duty charges to any respective buyers country shall not be bourne by
LABEL NAINA SETH. The customer has to pay for it themself.
Packaging may vary from that shown. The
weights, dimensions and capacities given are approximate only. We have made
every effort to display as accurately as possible the colours of our products
that appear on the website/app. However, as the actual colours you see will
depend on your monitor, we cannot guarantee that your monitor's display of any
colour will accurately reflect the colour of the product on delivery. To the
extent permitted by applicable law, LABEL NAINA SETH disclaims all warranties,
express or implied, as to the accuracy of the information contained in any of
the materials on this website/app. LABEL NAINA SETH shall not be liable to any
person for any loss by LABEL NAINA SETH or damage which may arise from the use
of any of the information contained in any of the materials on this
website/app.
All products/services and information
displayed on nainaseth.com ("Website/app" or "nainaseth.com")
constitute an invitation to offer. Your order for purchase constitutes your
offer which shall be subject to the terms and conditions as listed herein. Nainaseth.com
reserves the right to accept or reject your offer in part or in full. Our
acceptance of your order will take place upon dispatch of the product(s)
ordered. Dispatch of all the product(s) ordered, may or may not happen at the same
time, in such a scenario that portion of the order which has been dispatched
will be deemed to have been accepted by nainaseth.com and the balance would
continue to be on offer to nainaseth.com and nainaseth.com reserves the right
to accept or reject such balance order. No act or omission by LABEL NAINA SETH
on of nainaseth.com prior to the actual dispatch of the product (s) ordered
will constitute acceptance of your offer. If you have supplied us with your
email address, we will notify you by email as soon as possible to confirm
receipt of your order and email you again to confirm dispatch and therefore
acceptance of the order.
Eligibility to Use
Use of the Website/app is available only to
persons who can form legally binding contracts under applicable law. Persons
who are "inpetent to contract" within the meaning of the Indian
Contract Act, 1872 including un-discharged insolvents etc. are not eligible to
use the Website/app. If your age is below 15 years you are prohibited to
use/purchase/contract from/with this website/app. nainaseth,com reserves
the right to terminate your order and refuse to provide you with acceptance by LABEL
NAINA SETH to the website/app if nainaseth.com discovers that you are under the
age of 15 years. The website/app is not available to persons whose usage has
been suspended or terminated by nainaseth.com for any reason whatsoever. If you
are purchasing as a business entity, you represent that you have the authority
to bind the entity to this User Agreement. Unless otherwise specified, the
materials on this website/app are directed solely at those who acceptance this
web from India. Those who choose to access this website/app from outside
India are responsible for compliance with local laws if and to the extent local
laws are applicable. nainaseth.com will deliver the products however will
not be liable for any claims relating to any products ordered from outside
India..
Except where additional terms and conditions
are provided which are product specific, these terms and conditions supersede
all previous representations, understandings, or agreements and shall prevail
notwithstanding any variance with any other terms of any order submitted. By
using the services of nainaseth.com you agree to be bound by the Terms and
Conditions.
Account and registration obligations
Your Information is defined as any
information you provide to us in the registration, buying or listing process,
in the feedback area or through any e-mail feature or a written letter or form
mailed or submitted to any of our offices. We will protect your Information in
accordance with our Privacy Policy. If you use the Website/app, you are
responsible for maintaining the confidentiality of your purchase and credit
codes and any activities that occur under your action. LABEL NAINA SETH shall
not be liable to any person for any loss or damage which may arise as a result
of any failure by you to protect your code or order information. If you know or
suspect that someone else knows your details or suspect any unauthorised use of
your order you should notify us by contacting us immediately by email provided
in the beginning of this agreement. If nainaseth.com has reason to believe that
there is likely to be a breach of security or misuse of the nainaseth.com
Website/app, we may suspend your credit code or order without any
liability to nainaseth.com.
Nainaseth.com does not want to receive
confidential, proprietary or trade secret information through this Website/app
(excluding information related to any order you submit). Please note that any
information, materials, suggestions or ideas sent to nainaseth.com will be
deemed non-confidential. By submitting any such information, you are granting nainaseth.com
an irrevocable and unrestricted license to use, modify, reproduce, transmit,
display and distribute such materials, information, suggestions, and idea for
any purpose whatsoever. However, we will not use your name in connection with
any such materials, information, suggestions, and ideas or unless we first
obtain your permission or otherwise are required by law to do so
You also agree and confirm:
To
provide true, accurate, current and complete information about yourself as
prompted by LABEL NAINA SETH form or guest details form (such
information being the "Registration Data").
To
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is
untrue, inaccurate, incomplete, or not current or if nainaseth.com has
reasonable grounds to suspect that such information is untrue, inaccurate,
and not current or not in accordance with the User Agreement, nainaseth.com
has the right to indefinitely suspend or terminate your order and refuse
to provide you with access to the Website/app.
That
in the event that a non- delivery occurs on account of a mistake by you
(i.e. wrong name or address or any other wrong information) any extra cost
incurred by nainaseth.com for redelivery shall be claimed from you and you
shall pay such cost.
That
you will use the services provided by nainaseth.com, its affiliates, consultants
and contracted companies, for lawful purposes only and comply with all
applicable laws and regulations while using the Website/app and
transacting on the Website/app.
You
will provide authentic and true information in all instances where such information
is requested of you nainaseth.com reserves the right to confirm and
validate the information and other details provided by you at any point of
time. If upon confirmation your details are found not to be true (wholly
or partly), nainaseth.com has the right in its sole discretion to reject
the order and debar you from using the Services of nainaseth.com and or
other affiliated website/app without prior intimation whatsoever.
That
you are accepting the services available on this Website/app and transacting
at your sole risk and are using your best and prudent judgment before
entering into any transaction through this Website/app.
That
the address at which delivery of the product ordered by you is to be made
will be correct and proper in all respects.
That
before placing an order you will check the product description carefully.
By placing an order for a product you agree to be bound by the conditions
of sale and invitation of offer included in the item's description.
Usage Restrictions
You shall not use the Website/app for any of
the following purposes:
Discriminating,
any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable material
Transmitting
material that encourages conduct that constitutes a criminal offence
results in civil liability or otherwise breaches any relevant laws,
regulations or code of practice.
Gaining
unauthorised access to other computer systems.
Interfering
with any other person's use or enjoyment of the Website/app
Breaching
any applicable laws;
Interfering
or disrupting networks or website/app connected to the Website/app
Making,
transmitting or storing electronic copies of materials protected by
copyright without the permission of the owner.
Quantity restrictions
Nainaseth.com reserves the right, at our sole
discretion, to limit the quantity of items purchased per person, per household
or per order. These restrictions may be applicable to orders placed by the same
person, the same credit / debit card, and also to orders that use the same
billing and/or shipping address. We will provide notification to the customer
should such limits be applied. Nainaseth.com also reserves the right, at our
sole discretion, to prohibit sales to any one as it may deem fit.
However, in some cases where the order
quantities are large, we may verify in order to ensure your security, to
confirm that you have indeed ordered for these items
Exactness not guaranteed
LABEL NAINA SETH hereby disclaims any
guarantees of exactness as to the finish and appearance of the final Product as
ordered by the user.
Pricing information
While nainaseth.com strives to provide
accurate product and pricing information, pricing or typographical errors may
occur. Labeknaka.com cannot confirm the price of a product until after you
order. 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, nainaseth.com
shall have the right, at our sole discretion, to refuse or cancel any orders
placed for that product, unless the product has already been dispatched. In the
event that an item is mis-priced, nainaseth.com may, at its discretion, either
contact you for instructions or cancel your order and notify you of such
cancellation. Unless the product ordered by you has been dispatched, your offer
will not be deemed accepted and nainaseth.com will have the right to modify the
price of the product and contact you for further instructions using the e-mail
address provided by you during the time of placing the order, or cancel the
order and notify you of such cancellation. In the event that nainaseth.com
accepts your order the same shall be debited to your credit / debit card
account and duly notified to you by email that the payment has been process. The
payment may be process prior to nainaseth.com dispatch of the product that you
have ordered. If we have to cancel the order after we have process the payment,
the said amount will be reversed back to your credit / debit card account.
Prices and availability are subject to change
without notice.
Cancellation by nainaseth.com
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 include limitations on quantities
available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by our credit and fraud avoidance
department. We may also require additional verifications or information before
accepting any order. We will inform 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 / debit card has been charged, the
said amount will be reversed back in your Card Account
We will seek authorisation on your Card for
the aggregate amount of the order placed by you, however, we may charge your
card (capture) only with the amount corresponding to the actual portion of the
order that we are able/willing to fulfill, and any associated shipping
charges/taxes and levies etc. Any surplus amount, for which we might have
originally sought and received an authorisation on your card from your Card, if
not captured by us in the time period stipulated by our Merchant Banker, will
not be captured / charged. If however the same is charged to your card / bank
account in error, we will refund it as soon as the same is realized by us or
brought to our notice, whichever is sooner. Nainaseth.com reserves the right to
capture / charge your card to the full or partial authorized amount for the
concerned order.
Cancellation of fraudulent orders
To provide a safe and secure shopping
experience, we regularly monitor transactions for fraudulent activity. In the
event of detecting any suspicious activity, nainaseth.com reserves the right to
cancel pending and future orders without any liability. Nainaseth.com also
reserves the right to refuse or cancel orders in scenarios like inaccuracies in
pricing of product on website/app and stock unavailability. We may also require
additional verifications or information before accepting any order. If your
order is cancelled after your card has been charged, the said amount will be
reversed to your Card Account. Any promotional voucher used for the cancelled
orders may not be refunded.
Returns / exchange through courier collection
Any refund against a return request made to nainaseth.com
customer support, and collected by courier from the delivery address where the
item was originally delivered, shall be process only upon receipt of the
merchandise in unused condition, along with the original invoice and
tags.
After the merchandise is received by nainaseth.com,and
subject to verification of the purchase and condition of merchandise we shall
process a refund/exchange within 10 working days of receipt of the merchandise.
Refunds of payments charged to the
Cardholder's credit / debit card will only be credited back to the Cardholder's
credit / debit card account, which was used to pay for the original order.
Please note that we shall not be responsible for any delays in credit to the
Cardholder's credit / debit card account as that is managed by the Cardholder's
bank.
Some items can only be returned through
courier collection process.
Financial details
You agree, understand and confirm that the
credit / debit card details or other financial details provided by you for
availing of services on nainaseth.com will be correct and accurate and you
shall not use the credit /debit card or financial facility which is not
lawfully owned / obtained by you. You also understand that any financial
information submitted by you is directly received by our acquiring bank and not
stored by nainaseth.com. Nainaseth.com will not be liable for any credit /
debit 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. All information
collected by us shall be governed as per our Privacy Policy
Fraudulent / Declined transactions
Nainaseth.com and LABEL NAINA SETH acquiring
bank or financial institutions reserve the right to recover the cost of goods,
collection charges and lawyers fees from persons using the Website/app
fraudulently. Nainaseth.com and its associated partners including banks or
financial institutions reserve the right to initiate legal proceedings against
such persons for fraudulent use of the Website/app and any other unlawful acts
or acts or in breach of these terms and conditions
Electronic Communications
When you visit the Website/app or send emails
to us, you are communicating with us electronically. You consent to receive
communicating from us electronically. We will communicate with you by email or
by posting notices on the Website/app. You agree that all agreements, notices,
disclosures and other communication that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
Colors/Taste profile
We have made every effort to display the
colour/description of our products that appear on the Website/app as accurately
as possible. However, as the actual colors you see will depend on your
monitor/individual liking, we cannot guarantee that you will find the
information to be accurate.
Reviews, feedback, submissions.
All reviews, comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or offered to nainaseth.com
on or by this Website/app or otherwise disclosed, submitted or offered in
connection with your use of this Website/app (collectively, the
"Comments") shall be and remain nainaseth.com property. Such
disclosure, submission or offer of any comments shall constitute an
infringement to nainaseth.com of all worldwide rights, titles and interests in
all copyrights and other intellectual properties in the comments. Thus, nainaseth.com
owns exclusively all such rights, titles and interests and shall not be limited
in any way in its use, commercial or otherwise, of any comments. Nainaseth.com
will be entitled to use, reproduce, disclose, modify, adapt, create derivative
works from, publish, display and distribute any comments and or images you
submit for any purpose whatsoever, without restriction and without compensation
to you in any way. Nainaseth.com is and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay you any compensation for any
comments; or (3) to respond to any comments. You agree that any comments
submitted by you to the Website/app will not violate this policy or any right
of any third party, including copyright, trademark, privacy or other personal
or proprietary right(s), and will not cause injury to any person or entity. You
further agree that no comments submitted by you to the Website/app will be or
contain unlawful, threatening, abusive or obscene material, or contain software
viruses, political campaigning, commercial, solicitation, chain letters,
malware mailings or any form of 'spam'.
Nainaseth.com does not regularly review
posted comments, but does reserve the right (but not the obligation) to monitor
and edit or remove any comments submitted to the Website/app. You grant nainaseth.com
the right to use the name that you submit in connection with any comments. You
agree not to use a false email address, impersonate any person or entity, or
otherwise mislead as to the origin of any comments you submit. You are and
shall remain solely responsible for the content of any comments you make and
you agree to indemnify nainaseth.com and its affiliates for all claims
resulting from any comments you submit. Nainaseth.com and its affiliates take
no responsibility and no liability for any comments submitted by you or any
third party.
COPYRIGHT & TRADEMARK
Nainaseth.com and its suppliers and licensors
expressly reserve all intellectual property rights in all text, programs,
products, procedures, technology, content and other materials, which appear on
this Website/app. According to this Website/app does not confer and shall not
be considered as conferring upon anyone any license under any of nainaseth.com
or any third party's intellectual property rights. All rights, including
copyright, in this website/app are owned by or licensed to nainaseth.com. Any
use of this website/app or its contents, including copying or storing it or
them in whole or part, other than for your own personal, non- commercial use is
prohibited without the permission of NAINASETH.COM. You may not modify,
distribute or re-post anything on this website/app for any purpose.
The nainaseth.com names and logos and all
related product and service names, design marks and slogans are the trademarks
or service marks LABEL NAINA SETH . All other marks are the property of their
respective companies. No trademark or service mark license is granted in
connection with the materials contained on this Website/app. Access to this
Website/app does not authorize anyone to use any name, logo or mark in any manner.
References on this Website/app to any names,
marks, products or services of third parties or hypertext links to third party
website/app or information are provided solely as a convenience to you and do
not in any way constitute or imply nainaseth.com endorsement, sponsorship or
recommendation of the third party, information, product or service.
Nainaseth.com is not responsible for the
content of any third party website/app and does not make any representations
regarding the content or accuracy of material on such website/app. If you
decide to link to any such third party website/app, you do so entirely at your
own risk.
All materials, including images, text,
illustrations, designs, icons, photographs, programs, music clips or downloads,
video clips and written and other materials that are part of this Website/app
(collectively, the 'Contents') are intended solely for personal, non-
commercial use. You may download or copy the Contents and other downloadable
materials displayed on the Website/app for your personal use only. No right,
title or interest in any downloaded materials or software is transferred to you
as a result of any such downloading or copying. You may not reproduce (except
as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of or exploit in any
way, in whole or in part, any of the Contents, the Website/app or any related
software. All software used on this Website/app is the property of nainaseth.com
or its suppliers and protected by Indian and international copyright laws. The
Contents and software on this Website/app may be used only as a shopping
resource. Any other use, including the reproduction, modification,
distribution, transmission, republication, display, or performance, of the
Contents on this Website/app is strictly prohibited. Unless otherwise noted,
all Contents are copyrights, trademarks and/or other intellectual property
owned, controlled or licensed by nainaseth.com ,one of its affiliates or by
third parties who have licensed their materials to nainaseth.com and are
protected by Indian and international copyright laws. The implication (meaning
the collection, arrangement, and assembly) of all Contents on this Website/app
is the exclusive property of nainaseth.com and is also protected by Indian and
international copyright laws
Objectionable material
You understand that by using this Website/app
or any services provided on the Website/app, you may encounter Content that may
be deemed by some to be offensive, indecent, or objectionable.