- What is this Payments and Fee Policy?
2.1. This payments and Fee policy (“PP policy”), together with the terms and conditions describes NYVA STORE accepted payment methods, and NYVA STORE policies and procedures in relation to acceptance of payments towards the services offered through the Platforms. NYVA STORE primary object is to ensure that the Platforms are user friendly and equipped with reasonably expected security infrastructure to protect any financial information which may be shared by Users.
- Payment Options
3.1. NYVA STORE does not levy any fee for browsing the Platforms. NYVA STORE may, in future, consider levying fees on the Users for using the Platforms as a whole, or for use of certain features of the Platforms. In such an event, you agree to pay any such fees, as applicable. NYVA STORE does not covenant or guarantee providing you with a notice prior to enforcing such a levy of fees. Your continued usage of the Platforms after such change in the fees will be considered to be your acceptance of such changes.
3.2. In order to ensure User convenience, NYVA STORE offers multiple payment options to Users. NYVA STORE, without prior notice to Users, reserves the right to add or delete payment options from the ones listed below:
- 2.1. Payment through net banking facilities;
- 2.2. Payment through select credit cards;
- 2.3. Payment through select debit cards;
- 2.4. Payments through cash on delivery;
- 2.5. Any other payment option as may be provided by NYVA STORE from time to time.
The payment options referred to above shall hereinafter collectively be referred to as “Payment Options”. All the payments are processed through third party named CC Avenue.
3.3. It is expressly clarified that accepting a User’s payment through the Payment Options is solely at NYVA STORE discretion. NYVA STORE reserves the right to reject payment from a User through the Payment Options for any reason whatsoever. In order to further validate a User’s transaction, NYVA STORE may request the User to submit a copy of the User’s photo identity proof (such as the User’s PAN card), failing which, NYVA STORE reserves the right to reject a User’s payment made through the Payment Options.
3.4. While using the Payment Options, Users agree to provide correct, complete and accurate financial information such as credit/debit card details which may be stored by NYVA STORE third party payment gateway provider. Users shall not use a credit/debit card which is not lawfully owned by him/her or which the User has not been lawfully authorised to use. The User shall solely be responsible for the security and confidentiality of his/her financial information. NYVA STORE disclaims all liabilities that may arise as a consequence of any unauthorised use of the User’s financial information and/or identity, including, details relating the Payment Options.
3.5. NYVA STORE shall not be held responsible and shall not assume any liability in respect of any loss or damage suffered by a User owing to:
- 5.1. a lack of authorisation for any transaction, including such transactions carried out on gift cards and vouchers issued to Users as a part of NYVA STORE promotions;
- 5.2. the exceeding of the credit/debit limit mutually agreed between the User and the issuing bank;
- 5.3. any payment issue arising out of technical glitches occurring during a transaction; or
- 5.4. a declination of transaction for reasons beyond NYVA STORE control.
3.6. NYVA STORE reserves the right to impose limits on the number of transactions a User may undertake over the Platforms. Should the User exceed such transaction limits imposed by NYVA STORE, NYVA STORE reserves the right to refuse to process such transactions. NYVA STORE may refuse to process transactions emanating from Users who have suspicious or questionable transaction history on the Platforms. Should NYVA STORE be dissatisfied with the credibility of a User or the genuineness of a transaction carried out on the Platforms, NYVA STORE shall have the right to reject such transactions. NYVA STORE may also choose to delay the dispatch of Products purchased by such Users or cancel the entire purchase at its sole discretion. The User agrees that NYVA STORE shall not be liable for any damage, interests or claims resulting from NYVA STORE decision to not process a transaction or delay in the processing of a transaction on account of a User’s suspicious activity on the Platforms.
3.7. Unless specified otherwise, all the Products listed on the Platforms shall be sold in Indian Rupees either at maximum retail price or at an offer or discounted price, with or without applicable taxes. Despite NYVA STORE best efforts, there may be instances of mispricing of Products on the Platforms during or after the process of purchase of Products has been carried out by the User. While thorough processes of verification are carried out prior to the publication of Product prices on the Platforms, errors and discrepancies arising out of technical glitches and time lags is unavoidable. For avoidance of doubt, NYVA STORE curative actions that will arise in the event of a price difference arising on the actual maximum retail price of a Product against the price published on the Platforms is set out below:
- 7.1. If the maximum retail price of the Product delivered to the User is lower than the price published on the Platforms, the User shall, within 24 (twenty four) hours from the time when he/she received the Product, intimate NYVA STORE by writing to [email protected], in each case resulting in an acknowledgment. Upon NYVA STORE being satisfied of the User’s claim, the difference in the purchase price against the maximum retail price shall be refunded into the User’s NYVA STORE Wallet or transferred into the User’s bank account within 1 (one) day from the date of receiving the written notice from the User.
- 7.2. If the maximum retail price of the Product listed on the Platforms is higher than what has been published and if NYVA STORE is not providing an offer or discount on such Products, NYVA STORE shall have the right to reserve the despatch of the purchased Products until the error on the Platforms have been rectified and the User pays the difference amount. If the User refuses to pay the difference, the User is entitled to seek a cancellation and the monies paid by the User shall be refunded into the User’s NYVA STORE Wallet or transferred into the User’s bank account within 7 (seven) days by NYVA STORE.
- 7.3. In order to process such refunds, the User will be required to send an email to NYVA STORE at [email protected]. Thereafter, the User will receive a refund if the initial mode of payment for the order was ‘cash on delivery’. If the initial mode of payment for the order was through a Payment Option other than the ‘cash on delivery’ option, NYVA STORE may transfer the refund to the User’s source account that was used to make the initial payment.
3.8. To enable Users to make payments for buying Products on the Platforms, in addition to this PP Policy, the terms and conditions of the User’s bank, applicable financial institution and/or card issuing association may be applicable. The User’s bank, financial institution or card issuing association may decline or prevent the User from making electronic payments for buying the Products on the Platforms and NYVA STORE does not control the same and hence, shall not be at any point in time held liable.
3.9. NYVA STORE may, from time to time contract with third party payment service providers including banks, to open nodal bank accounts under applicable Indian laws. This will be done to facilitate the payments between Users and other third parties, apart from NYVA STORE. These third parties may include other service providers including payment aggregators, courier and logistic service providers etc. Upon successful delivery of the Products purchased by you through the Platforms, NYVA STORE shall initiate payments to third party service providers.
3.10. If it is brought to the User’s notice that a charge has been created on his/her payment instrument(s) for purchase of Product(s) on the Platforms and the User is not aware of such purchase on the Platforms, the User is first, required to verify if his/her family members, friends or business colleagues were authorised to carry out the purchase of Product(s) on the Platforms. If, despite this, the User continues to be unable to identify the charge created on his/her payment instrument(s) for purchase of Product(s) on the Platforms, the User may report such unauthorised purchase to NYVA STORE within 30 (thirty) days from the date on which the unauthorised purchase was carried out on the Platforms in order to enable NYVA STORE initiate investigations.
3.11. If the User carries out a purchase on the Platforms and the payment in lieu thereof has been invalidated, NYVA STORE reserves the right to retrieve the invalidated payment (“Invalidated Payment”) from the User’s NYVA STORE Wallet. Should the User have insufficient balance in his/her NYVA STORE Wallet in order to facilitate such redemption of the Invalidated Payment, the User shall within 5 (five) business days from the date of receiving a written notice from NYVA STORE, remit the Invalidated Payment into NYVA STORE bank account, details of which shall be set out in the notice. If the User fails to remit the Invalidated Payment into NYVA STORE bank account despite having received the notice, NYVA STORE shall be entitled to initiate civil and/or criminal legal action against the defaulting User at his/her cost and peril.
3.12. Cash on Delivery: The ‘cash on delivery’ Payment Option allows Users to make a cash-only payment to NYVA STORE delivery executive or logistic partner at the time of delivery of the purchased Product to the User. Presently, NYVA STORE offers a maximum order value of INR 10,000 (Indian Rupees Ten Thousand) under the cash on delivery Payment Option. NYVA STORE reserves the right not to provide cash on delivery Payment Option for certain Products (these could be Products specified by NYVA STORE or Products with value exceeding a specified amount) or locations. Users are required to peruse and accept the terms set out under the Return and Refund Policy which sets out the terms of refunds for transactions carried out using the cash on delivery Payment Option.
3.13. NYVA STORE Wallet: The ‘NYVA STORE Wallet’ payment option is a closed loop prepaid payment instrument provided by NYVA STORE on the Platforms in order to facilitate the payment only for purchase of Products. If a User cancels an order for which payment has already been made to NYVA STORE, the User shall have an option to credit the monies paid towards the order into his/her NYVA STORE Wallet. In addition to paragraph 3.7.3 above, any and all refunds with respect to Product(s) purchased through the ‘cash on delivery’ Payment Option may be transferred into the User’s NYVA STORE Wallet. The balance lying in a User’s NYVA STORE Wallet can be used by such User for future purchases only on the Platforms,and will not be refunded back to the User unless permitted under applicable laws.In the eventuality of a User wishing to deactivate his/her account with NYVA STORE, the User agrees that all monies lying in the User’s NYVA STORE Wallet, if any, will automatically stand forfeited, and NYVA STORE will not be required to process any refunds in any manner whatsoever. The User therefore agrees to use and exhaust any balance in his/her NYVA STORE Wallet prior to requesting for a deactivation of his/her account on the Platforms. Notwithstanding anything to the contrary, any refund of store credit to customers will be at the sole discretion of NYVA STORE. If NYVA STORE suspects any fraudulent activities, NYVA STORE reserves its right to hold back transfer of any store credits to customers.
3.14. Promotional activities. NYVA STORE may, at its sole discretion, credit monies into the Users’ NYVA STORE Wallets pursuant to discounts offered by it or specified third parties as a part of various promotional events organised by NYVA STORE from time to time, and subject to such terms and conditions as notified by NYVA STORE at the time of such promotions. Such promotions may be structured in any manner as may be decided by NYVA STORE in its sole discretion. For example, the accounts of the Users may be credited with virtual points/coins based on the terms and conditions of various promotions, and a specified number of such points/coins may translate into discounts offered to the Users (by way of credit of monies into the Users’ NYVA STORE Wallets) at certain specified/pre-determined events.