Terms and Conditions
- What is this Document?
1.2. The Agreement, inter alia, provides the terms that govern your access to use (i) NYVA STORE website www.NYVASTORE.com, and its mobile and tablet applications (“Platforms”), (iii) NYVA STORE online lifestyle and fashion merchandise which inter alia facilitates sale and purchase of lifestyle and fashion merchandise (“Products”) through the Platforms, and (iv) the purchase of Products, and any other service that may be provided by NYVA STORE from time to time (collectively referred to as the “Services”).
1.3. You hereby understand and agree that the Agreement forms a binding contract between NYVA STORE and anyone who accesses, browses, or purchases the Products and uses the Services in any manner (“User”)and accordingly, you hereby agree to be bound by the terms contained in the Agreement. If you do not agree to the terms contained in the Agreement, you are advised not to proceed with purchasing the Products or using the Services. The terms contained in the Agreement shall be accepted without modification. The use of the Services would constitute acceptance of the terms of the Agreement.
- Terms and Conditions Applicable to Users
2.1. Users must be 18 years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to NYVA STORE that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services, and agree to abide by the Agreement. If a User is below 18 years of age, it is assumed that he/she is using/browsing the Platforms under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products, on behalf of the minor User. Should NYVA STORE be made aware that a User is under the age of 18 and is using/browsing the Platforms without the supervision of his/her parent or legal guardian, NYVA STORE reserves the right to deactivate such User’s account without further notice.
2.2. The Agreement is governed by the provisions of Indian law, including, but not limited to:
- 2.1. the Indian Contract Act, 1872;
- 2.2. the Information Technology Act, 2000;
- 2.3. the rules, regulations, guidelines and clarifications framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (“SPI Rules”)and;
- 2.4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (“IG Rules”).
2.3. The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of NYVA STORE, be (“NYVASTORE Content”), and are protected under copyright, trademark and other applicable laws. You shall not modify the NYVA STORE Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the NYVA STORE Content in any way for any public or commercial purpose or for personal gain.
2.4. NYVA STORE authorises you to view and access the NYVA STORE Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy, if any. NYVA STORE, therefore, grants you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the NYVA STORE Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of NYVA STORE Content.
2.5. As means to assist the Users in identifying the Products of their choice, NYVA STORE provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, NYVA STORE disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to Users. The appearance of the Product when delivered may vary for various reasons.
2.6. Users may make purchases on the Platforms. For the purposes of identifying a User, NYVA STORE may, from time to time, collect certain personally identifiable information such as your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Platforms. Registration on the Platforms is one-time and you are required to remember your username and password and keep the same confidential. In the event where you have misplaced your username and password details, you can retrieve and change the same using the “forgot username/password” option on the Platforms.
2.7. The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User.
2.8. Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Platforms are subject to the availability of such Product, NYVA STORE acceptance of the User’s offer and the User’s continued adherence to the terms of the Agreement.
2.9. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if NYVA STORE has reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, NYVA STORE reserves the right to indefinitely suspend, terminate or block your access to the Platforms, and refuse to provide you with access to the Platforms in future.
2.10. All rights and liabilities of NYVA STORE with respect to any Services to be provided by it shall be restricted to the scope of the Agreement. In addition to the Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that NYVA STORE shall not be held liable for any transaction between you and any such third parties.
2.11. You understand that on your registration as a User or on your purchase of Products on the Platforms, you may receive text messages (including through internet-based mobile messaging) and/or emails from NYVA STORE on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, NYVA STORE acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on the Platforms and information pertaining to the promotions that are undertaken by NYVA STORE (or third parties in connection with the Platforms) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from NYVA STORE that the Product will be delivered. NYVA STORE acceptance to your offer to purchase shall occur and conclude only when the Products have been despatched by NYVA STORE and a text message and/or email confirming such despatch has been sent to you. NYVA STORE, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.
2.12. Any communication from NYVA STORE shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, NYVA STORE may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While NYVA STORE shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, NYVA STORE shall not be held liable for any failure to send such notifications or reminders to you.
2.13. NYVA STORE may, at any time and without having to service any prior notice to you: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change the contents of the Agreement in substance, or as to procedure or otherwise; in each case which will be applicable to all Users. You hereby agree that this is in the fairness of things given the nature of the business and its operations and you will abide by them. As such, you must keep yourself updated at all times and review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. NYVA STORE may also alter or remove any content from the Platforms without notice.
2.14. While NYVA STORE shall make reasonable endeavours to maintain high standards of security and shall provide the Services by using reasonable efforts, NYVA STORE shall not be liable for any interruption that may be caused to your access or use of the Services.
2.15. Access to and registration on the Platforms is free of cost. Although unlikely, NYVA STORE may modify the Fee, Payment and Promotions Policy to include a fee on access and browsing of the Platforms, or for use of any new service introduced by NYVA STORE without serving prior notice on the Users.
2.16. The Services included on or otherwise made available to the Users through the Platforms are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. NYVA STORE does not covenant or warrant that:
- 16.1. the Services will be made available at all times;
- 16.2. the NYVA STORE Content available on the Platforms is complete, true, accurate or non-misleading; and
- 16.3. the Products are of specified merchantability, merchantable quality and fit for use for a particular purpose.
The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
- User Covenants and Obligations
3.1. As mandated under the provisions of Regulation 3(2) of the IG Rules, NYVA STORE hereby informs you that you are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that:
- 1.1. belongs to another person and to which you do not have any right;
- 1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- 1.3. harms minors in any way;
- 1.4. infringes any patent, trademark, copyright or other proprietary rights;
- 1.5. violates any law for the time being in force;
- 1.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- 1.7. impersonates or defames another person; or
- 1.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
3.2. You are also prohibited from:
- 2.1. violating or attempting to violate the integrity or security of the Platforms or the NYVA STORE Content;
- 2.2. transmitting any information on or through the Platforms that is disruptive or competitive to the provision of Services by NYVA STORE;
- 2.3. intentionally submitting on the Platforms, false or inaccurate information;
- 2.4. using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
- 2.5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platforms; or
- 2.6. copying or duplicating in any manner any of the NYVA STORE Content.
3.3. You are also obligated to:
- 3.1. refrain from acquiring any ownership rights by downloading the NYVA STORE Content;
- 3.2. read the Agreement and agree to accept the terms and conditions set out therein;
- 3.3. refrain from copying or modifying the NYVA STORE Content available on the Platforms for any purpose;
- 3.4. comply with all applicable laws in connection with your use of the Platforms;
- 3.5. not refuse the delivery of purchased Products except when damages and deficiencies can be identified upfront at the time of delivery; and
- 3.6. use the Products for personal, non commercial use.
3.4. You hereby authorise NYVA STORE to declare and provide declarations to any Governmental authority on request on your behalf, including that the Products ordered by you are for personal, non commercial use.
3.5. NYVA STORE may disclose or transfer information provided by you to its affiliates in India and other countries, and you hereby consent to such transfer. In terms of the SPI Rules, NYVA STORE can transfer sensitive personal data or information to any other body corporate or a person that ensures the same level of data protection that is adhered to by NYVA STORE as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between NYVA STORE or any person on its behalf and the User or where you have consented to such data transfer.
- Third Party Information
4.1. All information in relation to third parties as available on the Platforms (collectively referred to as “Third Party Information”) are provided solely for your reference. NYVA STORE is not endorsing the Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
4.2. Further, it is up to you to take sufficient precautions to ensure that whatever links you select, whether from the Platforms, or other Services, is free of such items such as, but not limited to, viruses, worms, Trojan horses, defects and other items of a destructive nature.
- Intellectual Property Rights
5.1. All the intellectual property used on the Platforms by NYVA STORE, including the NYVA STORE Content, shall remain the property of NYVA STORE, its associates, affiliates, suppliers, vendors, sister companies or of any third party hosting such intellectual property on the Platforms. Except as provided in the Agreement, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of NYVA STORE, its associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be.
5.2. If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at [email protected] and let us know of your concerns.
- Unlawful or Prohibited Use
You warrant to NYVA STORE that you will comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Services and any other related activities. You further warrant that you will not use the Platforms in any way prohibited by terms contained in the Agreement or under applicable law.
7.1. You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through the Platforms. NYVA STORE shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed here.
7.2. NYVA STORE does not provide or make any representation, warranty or guarantee, express or implied about the Platforms, Products or the Services, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.
7.3. The maximum aggregate liability of NYVA STORE, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).
You hereby agree to indemnify and hold harmless NYVA STORE , its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with NYVA STORE, (iv) action or inaction on behalf of NYVA STORE ’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. NYVA STORE shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide NYVA STORE with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision and all other provisions of the Agreement shall continue to be in full force and effect.
- Term and Termination
10.1. The Agreement will remain in full force and effect while you use any Service in any form or capacity.
10.2. NYVA STORE reserves the right to terminate its Services provided to you in the event of breach of any terms contained in the Agreement, misrepresentation of information, any unlawful activity or if NYVA STORE is unable to verify or authenticate any information you submit to it.
10.3. The User may terminate the Agreement at any time, provided that the User discontinues any further use of the Platforms or Services.
10.4. It is specifically clarified that any termination of the Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
10.5. Any provision of the Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement.
- Dispute Resolution and Governing Law
11.1. The Agreement and any contractual obligation between NYVA STORE and you under the Agreement shall be governed by the laws of India, subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
11.2. All disputes will be subject to arbitration at Mumbai, Maharashtra in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. NYVA STORE and the disputing User shall be entitled to appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed will jointly appoint the 3rd (third) arbitrator.
11.3. Arbitration awards shall be reasoned awards and shall be final and binding on NYVA STORE and the disputing User, and shall be enforceable in any court of competent jurisdiction.
NYVA STORE ’s failure to enforce any provision of the Agreement or respond to a breach by a User or User shall in no way imply a waiver of NYVA STORE right to subsequently enforce any provision of the terms of the Agreement or to act with respect to similar breaches by a User or User.
All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address: NYVA STORE
39 B, Kewal Industrial Estate,
Senapati Bapat Marg,
Lower Parel, Mumbai - 400013
Email Address: [email protected]
14.1. Headings, subheadings, titles, subtitles to clauses, sub-clauses and paragraphs are for information only and shall not form part of the operative provisions of the Agreement and shall be ignored in construing the same.
14.2. Words denoting the singular shall include the plural and words denoting any gender shall include all genders.
14.3. The words “include” and “including” are to be construed without limitation.
15. Links and Third Party Sites
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. Nyva Store is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You are required to carefully review the terms and conditions and privacy policies of all website pages and other websites that you visit via the Website/Application.
Website/Application does not control the content or links that appear on the third party websites and is not responsible for the practices employed by these websites linked to or from our Website/Application, even if users may find content on our site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. The content and links provided of these sites or services can constantly change. Browsing and interaction on these websites or any other website whose link is on our Website/Application, is subject to that website’s own terms and conditions, privacy policies and customer service policies.
You are advised to deal with the services of our partners, suppliers, advertisers, sponsors, licensors and other third parties on your own risk, if you intend to.
By allowing such advertisements, Nyva Store does not recommend or market or warranty the advertisers, the quality, commitment, deliverables, fitness for consumption, reasonability of their products/services or the advertisers commitment to protect your Personal Interest.
16. User Account, Password and Security
User of the Platform shall be responsible for maintaining the confidentiality of their Display Name and Password and they shall be responsible for all activities that occur under their Display Name and Password. User agrees that if the they provide any information that is untrue, inaccurate, not current or incomplete, Nyva Store shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
User agrees to immediately notify Nyva Store of any unauthorized use/breach of your password or account and ensure that User exit from their account at the end of each session.
17. Platform for Transaction and Communication
Users utilize to meet and interact with one another for their transactions on Nyva Store Marketplace. Nyva Store is not and cannot be a party to or control in any manner any transaction between Nyva Store’s Users. Hence:
- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
Nyva Store does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- Nyva Store does not make any representation or Warranty as to specifics (such as quality, value, salability etc) of the products or services proposed to be sold or offered to be sold or purchased on the Marketplace. Nyva Store accepts no liability for any errors or omissions, whether of itself or third parties.
- Nyva Store is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Nyva Store cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Nyva Store shall not is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- At no time shall Nyva Store hold any right, title or interest over the products nor shall Nyva Store have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
- Nyva Store is only a platform that can be utilized by Users to reach a large base to buy and sell products or services. Nyva Store is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be strictly bipartite contract between the Buyer and Seller. At no time shall Nyva Store hold any right, title or interest over the products nor shall Nyva Store have any obligations or liabilities in respect of such contract. Nyva Store is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller maybe incorrectly reflected and in such an event seller may cancel your such order(s).
- You release and indemnify Nyva Store and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Nyva Store and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Nyva Store cannot take responsibility or control the information provided by other Users which is made available on the Platform.
While availing any of the payment method/s available on website, Nyva Store will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between “Bank/s”
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
19. GOVERNING LAW AND JUDRISDICTION
Nyva Store is an Indian Proprietorship, by agreeing to the terms and condition you agree that in case of any dispute you will be governed by laws of India and exclusive jurisdiction lies with the court of Mumbai.