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Terms & Conditions
These terms of use (“Terms of Use”)
mandate the terms on which the users (“You” or “Your” or “Yourself” or “User”)
access and register on the website www.nagastore.in operated and managed by Naga
Limited, collectively referred to as, “the Platform”. Please read the Terms of
Use and Privacy Policy carefully before using or registering on the Platform or
accessing any material, information through the Platform.
By clicking on the “I accept” button
provided below, you accept this Terms of Use and Privacy Policy and agree to be
legally bound by the same. The Platform acts as a mere facilitator between the
sellers registered on the Platform (“Seller”) and buyers purchasing or
interested in purchasing the products sold under the brand name/trademarks of Naga
Limited (“Naga”) available for sale on the Platform (“Products”).
Manufacturer Name & Address:
Naga
Limited,
Consumer
Division Unit I,
131,Trichy
Road,
Dindigul -
624005.
Country of
origin: India
Naga Limited
retains an unconditional right to modify or amend this Terms of Use without any
requirement to notify you of the same. You can determine when this Terms of Use
was last modified by referring to the “Last Updated” legend above. It shall be
your responsibility to check this Terms of Use periodically for changes. Your
acceptance of the amended Terms of Use shall signify your consent to such
changes and agreement to be legally bound by the same.
1. Eligibility to Use Services
This
Platform are not available to minors i.e. persons under the age of 18
(eighteen) years or to any Users suspended or removed by Naga Limited for any
reason whatsoever. You represent that you are of legal age to form a binding
contract and are not a person barred from receiving services from the Platform
under the applicable laws. Naga Limited reserves the right to refuse access to
the Platform to new Users or to terminate access granted to existing Users at
any time without according any reasons for doing so. You shall not have more
than one active Account (as defined hereinafter) on the Platform. Additionally,
you are prohibited from selling, trading, or otherwise transferring Your
Account to another party or impersonating any other person for the purposing of
creating an account with the Platform.
User
Account, Password, and Security In order to purchase the Products on the
Platform, You will have to register on the Platform by providing details about
Yourself, including Your name, address, contact details and such other details
as may be required on the Platform and create an account (“Account”). You shall
ensure and confirm that the Account information provided by you is complete,
accurate and up-to-date. If there is any change in the Account information, you
shall promptly update Your Account information on the Platform. If You provide
any information that is untrue, inaccurate, not current or incomplete (or
becomes untrue, inaccurate, not current or incomplete), or if Naga Limited has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Naga Limited has the right to suspend or terminate Your
Account and refuse any and all current or future use of the Platform (or any
portion thereof) at its discretion, in addition to any right that Naga Limited
may have against You at law or in equity, for any misrepresentation of
information provided by You. You will be responsible for maintaining the
confidentiality of the Account information, and are fully responsible for all
activities that occur under Your Account. You agree to,
a) Immediately notify Naga Limited of any unauthorized use of Your Account
information or any other breach of security, and
b) Ensure that you exit from Your Account at the end of each session.
Naga Limited
cannot and will not be liable for any loss or damage arising from your failure
to comply with this provision. You may be held liable for losses incurred by Naga
Limited or any other user of or visitor to the Platform due to authorized or
unauthorized use of Your Account as a result of Your failure in keeping Your
Account information secure and confidential. Use of another User’s Account
information for shopping on the Platform is expressly prohibited.
2. Payment Services
All payments
in respect of the Products shall be made to Naga Limited through the Platform.
To the extent permitted by applicable law and subject Naga Limited’s Privacy
Policy, you acknowledge and agree that Naga Limited may use certain third-party
vendors and service providers, including payment gateways, to process payments
and manage payment card information. In order to make payments online, you
undertake to use a valid payment card or bank details or third party wallets or
details required for any other mode of payment (“Payment Details”) with the
authority to use the same, to have sufficient funds or credit available to
complete the payment on the Platform in good standing. By providing the Payment
Details, You represent, warrant, and covenant that:
·
You are legally authorized to provide
such Payment Details;
·
You are legally authorized to perform
payments using such Payment Details; and
·
Such action does not violate the
terms and conditions applicable to your use of such Payment Details or
applicable law.
You agree
that you are responsible for any fees charged by your mobile carrier in
connection with your use of the payment services through your mobile. Naga
Limited shall use the Payment Details as described in Naga Limited’s Privacy
Policy. You may add, delete, and edit the Payment Details you have provided
from time to time through the Platform.
The payment
receipt for completion of a transaction shall be made available on the Platform
and also sent to your email address. Except to the extent otherwise required by
applicable law, Naga Limited is not liable for any payments authorized through
the Platform using Your Payment Details. Particularly, Naga Limited is not
liable for any payments that do not complete because:
·
Your payment card or bank account or
third party wallet does not contain sufficient funds to complete the
transaction or the transaction exceeds the credit limit in respect of the
Payment Details provided;
·
You have not provided Naga Limited
with correct Payment Details;
·
Your payment card has expired; or
·
Circumstances beyond Naga Limited’s
control (such as, but not limited to, power outages, interruptions of cellular
service, or any other interferences from an outside force) prevent the
execution of the transaction.
The
Platform shall not be responsible for any unauthorized transactions conducted
on our Platform using your payment card or internet banking. The Platform shall
not be obligated to refund any money to you in such instances. All information
that is collected at the time of payment, like card details, names; passwords
etc. are encrypted using Secure Socket Layer (SSL) coding. The terms mentioned
in this section are also mentioned under "Billing Terms and
Conditions".
3. Pricing
The price of
the Products displayed on the Platform shall be either equal to or less than
the Maximum Retail Price (MRP) printed on such Products. Any order/booking made
for a Product through the Platform may be subject
to additional terms and conditions (including offers, discount and sales
schemes/ campaigns offered from time to time, delivery charges) mentioned
therein, which you are presumed to have read and accepted at the time of
placing the order/booking.
4. Shipping of Products
Orders
placed by you on the Platform are typically processed within 2 working days
from the date of purchase. The Products ordered will be delivered to you within
4-5 working days. At times when we are experiencing high volume of orders,
shipments may get delayed by a few days, in which case, You will be intimated
by email or telephone call (on the details shared by you at the time of placing
Your order/registering on the Platform). Once your order is dispatched, you
will receive an e-mail or SMS updating you with the details of the time and
progress of the delivery.
All
deliveries sent to residential or commercial spaces require a receipt signature
for authentication. We take no responsibility for shipment receipt signed by an
alternative person other than the person ordering the Product or someone
appointed by you to receive the order at the delivery address. Maximum of 2
attempts will be made on the date of delivery to deliver the Product at the
address indicated as the delivery point, at the time of placing the order post
which the order will be cancelled and no refund will be given. We do not take
responsibility for an incorrect address that was provided at the time of
placing the order. In case of an incorrect address, the product will be
returned by the rider and no refund will be given to the customer.
All
claims for damages must be reported to customer service through an email
at: online@nagamills.com within 24 hours of
order delivery. For each order, a shipment charge will have to be paid by the
customer. The exact shipment charges for the order will be shown to the
customer at the order checkout page. As soon as the customer receives the
product, the customer should store it under the storage conditions mentioned on
the back of the pack. No replacement or refunds will be done for any quality
loss or damages if the product is not stored in the storage conditions
mentioned at the back of the pack.
5. Cancellation, Returns and Exchange
An order placed and confirmed cannot
be cancelled. You are entitled to a 100% replacement of order in case
- Product with physical damage or defective
Product;
- Warranty issues with respect to the Product;
- Wrong Product or Product not matching the
description or specifications mentioned in our email detailers sent to
you or as informed by the telemarketer;
- Part of the order/ items are found to be
missing; or
- Issues related to the quality of the Product
delivered.
- If purchase of the Product is made under a
special promotional offer or any special scheme, special rules shall
apply for replacement.
Replacement process must be initiated
within 24 hours from the time of receipt of order by the User. The Product must
be in an unused state before seeking a for a replacement and should be
accompanied by a copy of the original receipt or invoice issued at the time of
sale of the Product. At the time of raising a replacement request, the User
will be required to provide documents/ proof in support of the claim, which
include without limitation, images of the returned product(s) indicating the
issue in the shipment received. The images need to clearly capture the
following:
- the Invoice No/ Order ID;
- AWB number of the shipment;
- Issue observed in the received product;
- damages to the received product;
Once the replacement request is
placed with the customer service & duly accepted, the logistics partner
will arrange for a pickup of the Product from the address provided at the time
of placing. You must return the product to the pick-up executive of Seller, the
details of which executive along with the applicable pick up time will be
intimated to you in advance. Once the Product is received, it takes about 5-7
working days for inspection team to confirm on the replacement. On confirmation
of the genuine need for replacement of the Product, we shall replace the
desired Product with the User in 5 working days. If few instances, We may
request you the dispose of the off the Product, in which case you must dispose
it off in compliance with the applicable laws ensuring that no human being
and/or the environment is harmed. In case of approved returns, replacement
product will be sent to you in such timelines as may be applicable and as
communicated to you. However these timelines are not stringent and may vary
without prior intimation. Please note that there are few products which may not
be returnable. You must note that Seller
reserves a right to dispute the return of any shipment and/or return the monies
paid by you. If you have any queries before, during or after the replacement is
completed, feel free to contact Us at: online@nagamills.com. Refunds will not be made under any circumstances and only replacement
in relevant situations will be done
The terms mentioned in this section
are also mentioned under "Refund Cancellation, Returns and Exchange
Policy".
6. Use of Platform
Subject to compliance with the Terms
of Use, Naga Limited grants you a non-exclusive, limited privilege to access
and use this Platform. You agree to use the Platform only:
- For purposes that are permitted by the Terms
of Use; and
- In accordance with any applicable law,
regulation or generally accepted practices or guidelines. You agree not
to engage in activities that may adversely affect the use of the Platform
by Naga Limited /other Users.
You agree not to access (or attempt
to access) the Platform by any means other than through the interface that is
provided by Naga Limited. You shall not use any deep-link, robot, spider or
other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Platform or Content (as defined below), or in any way reproduce or
circumvent the navigational structure or presentation of the Platform,
materials or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not specifically made available through
the Platform. You acknowledge and agree that by accessing or using the
Platform, You may be exposed to content from others that you may consider
offensive, indecent or otherwise objectionable.
Naga Limited disclaims all
liabilities arising in relation to such offensive content on the Platform.
Further, You undertake not to: defame, abuse, harass, threaten or otherwise
violate the legal rights of others; publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topic, name, material or information; copy, republish,
post, display, translate, transmit, reproduce or distribute any Content through
any medium without obtaining the necessary authorization from Naga Limited;
conduct or forward surveys, contests, pyramid schemes or chain letters; upload
or distribute files that contain software or other material protected by
applicable intellectual property laws unless You own or control the rights
thereto or have received all necessary consents; upload or distribute files
that contain viruses, corrupted files, or any other similar software or
programs that may damage the operation of the Platform or another's computer;
engage in any activity that interferes with or disrupts access to the Platform
(or the servers and networks which are connected to the Platform); attempt to
gain unauthorized access to any portion or feature of the Platform, any other
systems or networks connected to the Platform, to any Company server, or
through the Platform, by hacking, password mining or any other illegitimate
means; probe, scan or test the vulnerability of the Platform or any network
connected to the Platform, nor breach the security or authentication measures
on the Platform or any network connected to the Platform. You may not reverse
look-up, trace or seek to trace any information on any other User, of or
visitor to, the Platform, to its source, or exploit the Platform or information
made available or offered by or through the Platform, in any way whether or not
the purpose is to reveal any information, including but not limited to personal
identification information, other than Your own information, as provided on the
Platform; disrupt or interfere with the security of, or otherwise cause harm
to, the Platform, systems resources, accounts, passwords, servers or networks
connected to or accessible through the Platform or any affiliated or linked
sites; collect or store data about other Users in connection with the
prohibited conduct and activities set forth in this Section; use any device or
software to interfere or attempt to interfere with the proper working of the
Platform or any transaction being conducted on the Platform, or with any other
person’s use of the Platform; use the Platform or any material or Content for
any purpose that is unlawful or prohibited by these Terms of Use, or to solicit
the performance of any illegal activity or other activity which infringes the
rights of Naga Limited or other third parties; falsify or delete any author
attributions, legal or other proper notices or proprietary designations or
labels of the origin or source of software or other material contained in a
file that is uploaded; violate any applicable laws or regulations for the time
being in force within or outside India or anyone’s right to privacy or
personality; violate the Terms of Use contained herein or elsewhere; and
reverse engineer, modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or sell
any information or software obtained from the Platform. Except as expressly
indicated herein, Naga Limited hereby grants You a non-exclusive, freely
revocable (upon notice from Naga Limited), non-transferable access to view any
content available on the Platform, subject to the following conditions: You may
access the content solely for personal, informational, and internal purposes,
in accordance with the Terms of Use; You may not modify or alter the content
available on the Platform; You may not distribute or sell, rent, lease, license
or otherwise make any content on the Platform available to others; and You may
not remove any text, copyright or other proprietary notices contained in the
content downloaded from the Platform.
7. Intellectual Property Rights
The Platform and
the processes, and their selection and arrangement, including but not limited
to, all text, videos, graphics, user interfaces, visual interfaces, sounds and
music (if any), artwork and computer code (and any combinations thereof)
(collectively, the “Content”) on the Platform is owned and controlled by Naga
Limited and the design, structure, selection, coordination, expression,
look and feel and arrangement of such Content is protected by copyright, patent
and trademark laws, and various other intellectual property rights. The
trademarks, logos and service marks displayed on the Platform (“Marks”) are the
property of Naga Limited and other respective third parties, as the case
may be. You are not permitted to use the Marks without the prior consent of Naga
Limited, or the third party that may own the Marks.
8. Disclaimer of Warranties & Liability
You expressly understand and agree
that, to the maximum extent permitted by applicable law: the Platform, Products
and other Content are provided by Naga Limited on an “as is” basis without
warranty of any kind, express, implied, statutory or otherwise, including the
implied warranties of title, non-infringement, merchantability or fitness for a
particular purpose. Without limiting the foregoing, Naga Limited makes no
warranty that
·
The Platform or
Products will meet Your requirements or Your use of the Platform will be
uninterrupted, timely, secure or error-free;
·
The results that
may be obtained from the use of the Platform will be effective, accurate or
reliable;
·
The quality of the
Platform and the Products sold therein will meet your expectations; or
·
Any errors or
defects in the Platform will be corrected.
No advice or information, whether
oral or written, obtained by you from Naga Limited shall create any warranty
not expressly stated in the Terms of Use. Naga Limited will have no liability
related to any user content arising under intellectual property rights, libel,
privacy, publicity, obscenity or other laws. Naga Limited also disclaims all
liability with respect to the misuse, loss, modification or unavailability of
any user Content. Naga Limited will not be liable for any loss that you may
incur as a consequence of unauthorized use of Your Account or Account
information in connection with the Platform either with or without your
knowledge Naga Limited has endeavored to ensure that all the information on the
Platform is correct, but Naga Limited neither warrants nor makes any
representations regarding the quality, accuracy or completeness of any data,
information regarding the Products or otherwise. Naga Limited shall not be
responsible for the delay or inability to use the Platform or related
functionalities, the provision of or failure to provide functionalities, or for
any information, software, functionalities and related graphics obtained
through the Platform, or otherwise arising out of the use of the Platform,
whether based on contract, tort, negligence, strict liability or otherwise.
Further, Naga Limited shall not be held responsible for non-availability of the
Platform during periodic maintenance operations or any unplanned suspension of
access to the Platform that may occur due to technical reasons or for any
reason beyond Naga Limited 's control. You understand and agree that any
material or data downloaded or otherwise obtained through the Platform is done
entirely at Your own discretion and risk, and that You will be solely
responsible for any damage to Your computer systems or loss of data that
results from the download of such material or data.
9. Indemnification and Limitation of Liability
You agree to indemnify, defend and
hold harmless Naga Limited and its affiliates including but not limited to its
(and its affiliates’) officers, directors, consultants, agents and employees
(“Indemnities”) from and against any and all losses, liabilities, claims,
damages, demands, costs and expenses (including legal fees and disbursements in
connection therewith and interest chargeable thereon) asserted against or
incurred by the Indemnities that arise out of, result from, or may be payable
by virtue of, any breach or non-performance of any representation, warranty,
covenant or agreement made or obligation to be performed by You pursuant to
these Terms of Use.
Further, You agree to hold the
Indemnities harmless against any claims made by any third party due to, or
arising out of, or in connection with, Your use of the Platform, any
misrepresentation with respect to the data or information provided by You, Your
violation of the Terms of Use, or Your violation of any rights of another,
including any intellectual property rights.
In no event shall Naga Limited and
its officers, directors, partners, consultants, agents and employees, be liable
to You or any third party for any special, incidental, indirect, consequential
or punitive damages whatsoever, arising out of or in connection with Your use
of or access to the Platform or Content on the Platform. The limitations and
exclusions in this Section apply to the maximum extent permitted by applicable
laws.
10. Violation of the Terms of Use
You agree that any violation by You
of these Terms of Use will constitute an unlawful and unfair business practice,
and will cause irreparable harm to Naga Limited, as the case may be, for which
monetary damages would be inadequate, and You consent to Naga Limited obtaining
any injunctive or equitable relief that they deem necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies that Naga
Limited obtaining may have at law or in equity. If Naga Limited take any legal
action against you as a result of your violation of these Terms of Use, they
will be entitled to recover from you, and you agree to pay, all reasonable
attorneys’ fees and costs of such action, in addition to any other relief that
may be granted.
11. Suspension and Termination
The Terms of Use will continue to
apply until terminated by either you or Naga Limited as set forth below. If you
object to the Terms of Use or are dissatisfied with the Platform, your only
recourse is to
·
Close Your Account
on the Platform; and/or
·
Stop accessing the
Platform.
Naga Limited may delist you or block
your future access to the Platform or suspend or terminate your Account if it
believes, in its sole and absolute discretion that you have infringed,
breached, violated, abused, or unethically manipulated or exploited any term of
these Terms of Use or anyway otherwise acted unethically.
Notwithstanding anything in this
clause, these Terms of Use will survive indefinitely unless and until Naga
Limited chooses to terminate them. If you or Naga Limited terminate your use of
the Platform, Naga Limited may delete any Content or other materials relating
to your and Naga Limited shall have no liability to you or any third party for
doing so. However, your transactions details may be preserved by Naga Limited
for purposes of tax or regulatory compliance. You shall be liable to pay for
that you have already ordered till the time of termination by either party
whatsoever. Naga Limited shall have the right to cease/terminate the
relationship by giving you a prior twenty-four (24) hours’ written notice.
12. Governing Law
These terms shall be governed by and
constructed in accordance with the laws of India without reference to conflict
of laws principles and disputes arising in relation hereto shall be subject to
the exclusive jurisdiction of courts, tribunals, for a, applicable authorities
at Dindigul.
13. Report Abuse
In the event you come across any
abuse or violation of these Terms of Use or if you become aware of any
objectionable content on the Platform, please report the same to the following
e-mail id: online@nagamills.com.
14. Communications
You hereby expressly agree to receive
communications by way of SMS and/or e-mails from Naga Limited and other third
parties. You can unsubscribe/ opt-out from receiving communications through
e-mail anytime by writing to us at visiting online@nagamills.com
15. General Provisions Notice
All notices from Naga Limited will be
served by email to your registered email address or by general notification on
the Platform. Any notice provided to Naga Limited pursuant to the Terms of Use
should be sent to online@nagamills.com with subject line - Attention:
TERMS OF USE
Assignment: You cannot assign or
otherwise transfer the Terms of Use, or any rights granted hereunder to any
third party. Naga Limited’s rights under the Terms of Use are freely
transferable by Naga Limited to any third party without the requirement of seeking
your consent. Severability: If, for any reason, a court of competent
jurisdiction finds any provision of the Terms of Use, or any portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of the parties as reflected by
that provision, and the remainder of the Terms of Use shall continue in full
force and effect. Waiver: Any failure by Naga Limited to enforce or exercise
any provision of the Terms of Use, or any related right, shall not constitute a
waiver by Naga Limited of that provision or right.
16. IP Infringement