These Terms of Service are effective as of 1st July 2020.
Please read these conditions carefully before using the website www.nupurkanoi.co.in (the “Website”) or any Service (defined below) provided therein. By using the Website through any device including but not limited to any computer terminal or mobile device, you signify your acceptance to be bound by the following terms & conditions.
This Website is owned and operated by Nupur Kanoi Fashion Private Limited of the address 28, Ballygunge Gardens, Kolkata – 700019, West Bengal, India; company incorporated under the Laws of the State of India (hereinafter “Nupur Kanoi, we, us or our”). Nupur Kanoi provides Internet-based service through the Website which enables Users to purchase original merchandise such as clothing and accessories. Upon placing an order, Nupur Kanoi shall ship the Product to you and be entitled to its payment for the Services and the Product as per these Terms.
Nupur Kanoi Fashion Private Limited reserves the right to amend these Terms as and when required at its discretion.
You and Nupur Kanoi are individually referred to as “Party” and collectively as “Parties”
2. ACCEPTANCE OF TERMS
You acknowledge that these Terms constitute a contract between You and Nupur Kanoi, even though it is electronic and is not physically signed by You and Nupur Kanoi. You further acknowledge that these Terms govern Your use of the Website & the Service.
3. USER ACCOUNT, PASSWORD, AND SECURITY
If you register with Nupur Kanoi to avail the services You will create an account with a password and account designation upon completing the Website’s registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your name, password or account. You agree to (a) immediately notify Nupur Kanoi of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nupur Kanoi cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
5. LIMITED USER
You agree and undertake not to 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 Website. Any reproduction and copying of the content of the Website is permitted only with prior written permission of Nupur Kanoi. For the removal of doubt, it is further clarified that unlimited or wholesale reproduction, copying of the content and/or images for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
6. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
As part of the Service You may post reviews, comments and other content on the Website; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal and is in accordance with these Terms. In which case Nupur Kanoi reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of Nupur Kanoi violates these Terms, or terminate your permission to access or use this Website. Product reviews are individual opinions of the reviewers based on their knowledge.
7. YOUR CONDUCT
You agree and undertake to use the Website and the Service in a manner that is fit, proper and legal. By way of example, and not as a limitation, you agree and undertake that when using the Website or the Service, You will not:
● You will not create or submit a user submission that is unlawful, grossly offensive, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations or regulatory guidelines under the laws of India including specifically but not limited to under the Information
Technology Act 1999 (“Applicable Laws”), or that infringes or violates other parties’ intellectual property, publicity, or privacy rights or links to infringing or unauthorized content.
● You will not embed, re-publish, maintain and/or display any service content (including, without limitation, any of your own user Submissions) on any personal social media or other website or other Internet location;
● You will not send spam, spim, chain letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials, or harass, bully, stalk, harm, or otherwise cause mental or physical distress or injury to anyone, or defame or disparage someone, or engage in any other unlawful or objectionable conduct while using the Service;
● You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Service to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity;
● You will not use the Website or the Service to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material or information, whether personally identifiable or not, posted by or concerning any other user of the Service, unless you have obtained prior permission from such user to do so;
● You will not interfere with or disrupt, or attempt to interfere with or disrupt, the operation of the Service (or any parts thereof);
● You will abide by all copyright notices, information, and restrictions contained in or associated with any of the Service or the Website content;
● You will not remove, alter, interfere with or circumvent any copyright, trademark, watermark, or other proprietary notices marked/displayed on the Website or any Service feature;
● You will not remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation geofiltering and/or encryption) associated with the Website or any Service feature;
● You will not use any of the rights granted to you or by your use of the Website or the Service in a manner that suggests an association with Nupur Kanoi, Products or the Service unless specifically permitted;
● You will not use bots, spiders, offline readers or other automated systems to access or use the Service in a manner that sends more request messages to the Service’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser, unless you are a lawfully operating a public search engine, in which case (subject to Nupur Kanoi’s full discretion to revoke this exception at any time), you may use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices (but not caches or archives) of such materials;
● You will not knowingly transmit any material that contains adware, malware, spyware, software viruses, timebombs, cancelbots, worms, trojan horses, or any other computercode, files, or programs designed to interrupt, destroy, or limit the functionality of any
computer software or hardware or telecommunications equipment;
● You will not do anything that is likely to adversely affect or reflect negatively upon or harm the goodwill or reputation of Nupur Kanoi or any of its affiliates, or the Service, or any of the content running or being promoted on the Service;
● You will not do anything on the Website or on the Services that would prevent other users’ access to or use of the Website and Services or any part thereof;
● You will not access the Services if you are under the age of 18
● You shall monitor your access to the Service to restrict use by minors, and you will deny access to children under the age of 18. You accept full responsibility for any unauthorized use of the Service by minors in connection with your access. You are responsible for any use of your credit card or other payment instrument (e.g. UPI, Netbanking) by minors;
● You will not access the Services using a false identity or information, or on behalf of someone other than yourself;
● You will not under any circumstances, without Nupur Kanoi’s express written consent, use the Service or any part thereof for any commercial purpose, including but not limited to (a) communicating or facilitating any commercial advertisement or solicitation, or (b) gathering or transferring Items for sale.
8. AVAILABILITY OF THE WEBSITE
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Website accessible, the Website and consequently any part of the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Website access may be interrupted, suspended or terminated. Interruptions in the Website or the Service that are beyond our control shall not serve as a basis to terminate your subscription or demand a full or partial refund of any prepaid fees or any reductions in future fees.
9. MATERIALS YOU POST
If you do post content or submit material, and unless we indicate otherwise, you
● grant Nupur Kanoi a non-exclusive, royalty-free, irrevocable, perpetual and fully sub- licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
● Nupur Kanoi and its affiliates and sub-licensees have the right to use the name that you submit in connection with such content, if they choose. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to Nupur Kanoi through the Website:
(i) the content and material is accurate;
(ii) use of the content and material you supply does not breach any applicable laws and will not cause injury to any person or entity (including that the content or material is not defamatory);
(iii) the content is lawful. You agree to indemnify Nupur Kanoi and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
10. NO COMPENSATION POLICY & LIMITATION OF LIABILITY
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet your expectations, no compensation will be given other than the Exchange of the product as prescribed by the exchange policy. Then you cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Nupur Kanoi holds the rights to cancel orders and block accounts of such customers without any prior notice.
Nupur Kanoi’s aggregate liability and that of its affiliates, licensors & partners in connection with these Terms shall be limited to the value of the last purchase completed by you under these Terms through the Service.
11. EXACTNESS NOT GUARANTEED
Nupur Kanoi hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. Nupur Kanoi is not obligated to provide any physical preview of the Object either before or after the sale.
12. YOUR WARRANTY
In addition to warranty with respect to the intellectual property rights vesting in the user submissions, the Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Nupur Kanoi at the time of purchase or earlier. Nupur Kanoi is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration or for completing your transaction on the Website. Such registration may be suspended or cancelled where Nupur Kanoi forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored upon the buyer furnishing information to the satisfaction of Nupur Kanoi.
13. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Nupur Kanoi owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Nupur Kanoi without obtaining authorization from Nupur Kanoi.
14. LINKS TO THIRD PARTY SITES
15. DISCLAIMER OF WARRANTIES
Nupur Kanoi has endeavoured to ensure that all the information on the Website is correct, but Nupur Kanoi neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Nupur Kanoi be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services;
(b) unauthorized access to or alteration of the user’s transmissions or data;
(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Nupur Kanoi be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
Further, Nupur Kanoi shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Nupur Kanoi’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
16. PRODUCT QUALITY
Nupur Kanoi endeavors to select and provide only the highest quality merchandise. However, if the merchandise does not meet your requirements, Nupur Kanoi does not take responsibility. Moreover, many of our products are handmade and there may be variation in each product piece.
17. PRODUCT PRICES
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 Website 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. All references to Rupee/INR on this website are in Indian currency.Indian prices are different to International prices due to factors such as taxes, duties etc.
Prices are subject to change at any time, without any notifications. The price displayed on the Website in relation to any Product in INR represents the full price of the product to be shipped in India except in cases where it is expressly mentioned. In case of foreign shipping any duties, levies and shipping costs will be extra. With respect to items sold on the Website, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Delivery may vary from time to time and also from product to product. Despite our best efforts, a small number of the items on the Website may be mispriced. If we discover a mispricing, we will do one of the following:
(i) If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
(ii) If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The prices for international users are displayed on the Website in U.S. Dollars & Euros which you can view in your preferred currency. On checkout the shipping costs will be added and the amount to be paid by the User will be shown. Please note that the actual amount to be paid by you as an international user will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank/credit card provider on the date of billing.
18. SHIPPING INFORMATION
(A) DELIVERIES WITHIN INDIA: We offer free shipping to customers within India. The time of delivery may vary from place to place once the products are dispatched from our warehouse.
(B) INTERNATIONAL DELIVERIES: For International deliveries, we charge a flat fee of INR 3000/- for shipping. In some cases, customs duties and local taxes have to be paid by customers to our shipping partner at the time of shipment delivery. The amount of duties and taxes depend on the policies of the destination country. Our international shipping is done through reliable international courier services.
(C) DELIVERY TIME: Shipment/delivery time of the order starts from the day of receipt of the payment confirmed against the order placed with NUPUR KANOI and all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by Nupur Kanoi are completed. Within India all of Nupur Kanoi’s orders are shipped door-to-door from our workshop in Kolkata, India to your provided shipping address via our delivery partners. Processing the order normally takes 4 working days and then shipping within India normally takes 12-14 working days however this is only an estimate of delivery time and there may be delays. For international users we shall intimate the estimated delivery time through an e-mail once the order is processed. In case of unforeseen delays in the Delivery Time beyond one month of the estimated Delivery Time, NUPUR KANOI will notify customers so that customers may choose to cancel their order.
19. CANCELLATION BY NUPUR KANOI
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 or bank account has been debited, the said amount will be reversed back in your Credit Card or Bank Account as applicable within 10-14 working days.
20. CANCELLATION BY USER
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. In case the order has been processed and dispatched we will not cancel the order.
Nupur Kanoi insures each purchase during the time it is in transit until it is delivered to you. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Nupur Kanoi and transfer of responsibility in the same way.
22. TAXES & DUTIES
For Deliveries within India all taxes and duties are included in the price of the product listed on the Website.
For International Deliveries Most countries are shipped on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties. As the recipient, you are liable for all import duties, customs, local taxes levied by the country you are shipping to. Payment of these is necessary for delivery. We are unable to advise what amount this would be as duties vary widely from country to country. For more information, please write to us on firstname.lastname@example.org
23. IMPORTANT INFORMATION
● Nupur Kanoi shall not be liable for any delay/non-delivery of purchased goods caused due to any reason which is beyond its reasonable control.
● In the event that a non-delivery occurs on account of a mistake by the Users in entering their details (i.e. wrong name, address or contact number), we will have to resend the order. The extra cost towards re- delivery shall be paid by the User and the Delivery Time shall be extended.
● We do not ship backorders. We aim to keep every item on our website in stock. If there is an item which you purchase and then we realize this item is not available, we will promptly inform you within 2 working days of your purchase and fully refund your money for the out of stock item.
● We can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form.
● Our Delivery Partners will attempt delivery 3 times at the delivery address specified by you in the order, before they contact us that your package is not deliverable. You can track the package through the Order Tracking facility sent to you via email.
A) PRODUCT DAMAGED DURING DELIVERY
Any product that has been hampered or damaged while transportation must be notified by email within 48 hours of the product being delivered else Nupur Kanoi will not be liable to accept the merchandise. In such cases, the customer will have to write in to email@example.com We will investigate the damage from our end. We will try to repair or replace the product. However, Nupur Kanoi reserves the right to determine authenticity of damage and to decide whether we may be able to repair or replace the product.
B) HOW TO EXCHANGE:
To exchange an item that you’ve bought from nupurkanoi.co.in:
● For an exchange you must notify Nupur Kanoi within 3 days of receipt of the product
● To notify Nupur Kanoi, write to us at firstname.lastname@example.org with your return or exchange request. Please include your order number/ order confirmation email, details of the piece you would like to return or exchange, photographs of the defect (if possible) and your reason for doing so.
● We will write back to you with a return authorization and the steps that follow.