Terms & Conditions
1. Privacy Policy
The Privacy policy available on this NIKASHI e-Store shall form part of these terms and conditions. Information provided by the users:
2. Information provided by the users:
The Users shall provide accurate information required for processing of order. NIKASHI shall not be liable for any wrong, fraudulent information furnished by the users. Orders shall be processed subject to accurate information provided by the Users. The credit card information provided by the User shall be correct and accurate. The credit card shall lawfully be held by the User and any fraudulent use of the credit card is a punishable offense under Laws of India.
NIKASHI may require some additional information for processing of order. In case any additional information is required, NIKASHI shall get in touch with the User.
NIKASHI may receive sensitive information and/or Sensitive Personal data (Information) from the user/customer. NIKASHI shall use the sensitive information received in accordance to the Privacy Policy (as mentioned on this web page) which is a part of the these terms and conditions and in accordance with the Information Technology (Reasonable Security Practices and Procedures and sensitive personal data or information) Rules, 2011.
3. Liability
Information on this site is provided “as is” without warranty of any kind. Information on this Web site may contain typographical errors, technical inaccuracies or other errors and may be changed at any time without notice. NIKASHI has a policy of continuous improvement of products and reserves the right to make improvements or changes to products without notice. The actual Product may differ from the images of the product shown on the website and neither NIKASHI nor Malhotra Electronics Pvt Ltd. shall be responsible for any deviation or difference in the actual Product delivered and the images shown on the website.
4. Ordering & Payment
Order: Your order shall be processed subject to your payment being processed successfully.
Payment Mode: The Payment may be made by Credit Card, Debit card, net banking or any other online mode of payment. We do not accept any other form of payment, including without limitation, Cheques or money orders.
EMI Schemes may be available by payment through select Credit Cards facilitated by the Payment Gateway Provider.
For your security, the billing name and address on your credit card must match that of the information you submit. If the information provided does not match, your order may be delayed in processing. We reserve the right to cancel any order that does not adhere to these criteria.
Payment Methods, Promotions & Discounts offered, on products sold on this web page are subject to the discretion of NIKASHI and may be changed frequently.
Statutory Taxes: All purchases on NIKASHI e-Store shall be subject relevant statutory taxes.
5. Credit Card Details
Credit card information collected for the purpose of payment of Product(s) purchased at NIKASHI.in will be stored securely using a Secure Socket Layer (“SSL”) technology and the payment gateway is Payments Card Industry Data Security Standard (PCIDSS) compliant. We do not store any Credit card Information at our end.
Further the said information will not be utilized or shared by NIKASHI with any third parties unless required for fraud verifications or by law, regulation or court order. NIKASHI shall not be liable for any credit card fraud. The liability for use of a card fraudulently will be on Customer/User and the onus to ‘prove otherwise’ shall be exclusively of Customer/User.
6. Delivery, Return, Warranty & Liability
Delivery and Return – The products on NIKASHI e-Store are available in select cities within India. The delivery days shall be all weekdays, with an exception to National Holidays and any other public holiday. Delivery shall be made within 10-15 business days from the time of purchase. However, depending on the billing address delivery in remote areas may take more than 15 business days. The delivery shall be made by a third party logistics partner (3PL) of NIKASHI and NIKASHI shall not be responsible for any delay in delivery of the Products. The Buyer/Customer specifically waives any claim pertaining to delay in delivery of Products.
Return Policy –The damaged goods maybe returned subject to the policy of NIKASHI. Customer may return any new appliance/product purchased from NIKASHI e-Store that is dead on arrival or arrives in damaged condition. NIKASHI reserves the right to test and inspect the appliance/product and impose a customer fee upto 15% of the product sale price and transportation cost, if the Customer misrepresents the condition of the product. Any appliance/product i.e. damaged through customer misuse has missing parts or is in an unsalable condition due to customer tampering will not be accepted for returns. NIKASHI will not accept return of any appliance/product more than 15 days after customers receives the shipment.
Warranties – The NIKASHI Product warranty obligations are limited to those set forth in the printed literature included with the Products and NIKASHI shall be directly responsible for any warranty repair and claim.
Limitations of Damages & Liability- NIKASHI shall not be liable to customer for any special, incidental, consequential or punitive damages, or for any claim by any third-party. Customer agrees that for any liability related to the purchase of Products, NIKASHI shall not be liable for any amount of damages above the amount paid by the Customer for the purchase of the product under these terms and conditions.
7. Cancellations
NIKASHI reserves the right to accept or cancel orders for any reason. The customer agrees not to dispute the decision made by NIKASHI and accept NIKASHI’s decision regarding the cancellation. NIKASHI also reserves the right to cancel your order in case of:
Problems identified by our credit and fraud avoidance department.
Inaccuracies or errors in Product or pricing information.
Non-availability of product ordered.
NIKASHI may also require additional verification or information before accepting any order. NIKASHI will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If Customer’s order is cancelled after Customer’s has been charged, the said amount will be returned back/refunded to the same account of Customer. The amount shall reflect in Customer’s account as per its banker’s policies.
8. Typographical Errors
This website may contain any typographical error including pricing and if a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, NIKASHI shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. NIKASHI shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Customer has been charged. If Customer has already been charged for the purchase and Customer’s order is cancelled, NIKASHI shall issue a credit to Customer’s account with the equivalent amount.
9. Indemnity
User shall at all times fully indemnify and hold harmless NIKASHI and/ or NIKASHI ENTERPRISES LLP. and their officers, directors, agents, and employees, associate companies from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys’ fees, made by any third party and/or penalty imposed due to and/or arising out of User’s breach of the Terms & Conditions and/or User’s violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, intellectual property rights infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User’s account, of any proprietary and/or other right of any person and/or entity.
10. Intellectual Property
NIKASHI is a brand owned by NIKASHI ENTERPRISES LLP. and licensed to NIKASHI ENTERPRISES LLP. This NIKASHI e-Store Website (hereinafter termed as Website) is owned by NIKASHI ENTERPRISES LLP. (NIKASHI) and is maintained and managed by NIKASHI. The website is a Copyright of NIKASHI protected by Copyright Laws of India. Any unauthorized copy, imitation of the website including but not limited to unauthorized copy, imitation of the contents, material, design of the website is unlawful and is a punishable offence as per Indian Copyright Act, 1957. All material on this site is provided for lawful purposes only. None of the information on this site may be copied, distributed or transmitted in any way for commercial use without the express written consent of the owner. Users may use or download the content or material on the website for personal, non-commercial use provided the contents are not altered and modified in any way. Operation of NIKASHI e-Store for NIKASHI products: NIKASHI has given permission to NIKASHI ENTERPRISES LLP. for maintaining and managing this website only for their e-commerce business.
11. Governing Law
This agreement and any sales hereunder shall be governed by the laws of India. The Parties to the dispute shall make all endeavours to settle their disputes amicably. If the Parties are unable to settle their dispute amicably the dispute shall be resolved as per applicable Law. The disputes shall be settled as per Laws of India and shall be subject to the Jurisdiction of Courts of Noida.
12. Disclaimer
NIKASHI makes no representations about Web sites, businesses, designers or architects accessed through this site which are not maintained, controlled or created by NIKASHI. NIKASHI does not endorse these sites and is not responsible for their content.