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Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site. By accessing or using the Site or by using the Service, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
Your Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and New Brand Bazar.
NBB operates as a marketplace and is not directly involved in the transactions between the Users and the Sellers. As a result, NBB has no control over the quality, safety, morality or legality of any aspect of the items listed the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Users to pay for the Products. NBB does not pre-screen content or information provided by users and cannot ensure that a User or Seller will actually complete a transaction. Consequently, NBB cannot and does not transfer legal ownership of items from the Seller to the Users.
Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to third party/Seller terms and conditions. In addition to the above, some areas of the Website may contain content provided by our third party partners and such content shall be subject to separate terms and conditions of use, which are posted within those areas by third party partners.
NBB reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
Eligibility
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by NBB. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
Account, Password, and Security
Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive 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 any and all activities that occur under your password or account. You agree to (a) immediately notify the Website 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. NBB cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will NBB be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against NBB in this regard.
4. Listing And Selling
4.1. By listing a Product on the Website, every Seller warrants that all such Products are legally permitted to be sold. Each Seller further warrants that they shall provide most accurate description of the products to be sold on the Website. Listings may only include text, pictures and other content that NBB may permit from time to time. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing Seller’s products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
All sales on the Website are binding in nature on both the User and Seller. The Seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User within 2 days, unless there is an exceptional circumstance or occurrence of a force majeure event.
You agree and acknowledge that NBB is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the sale of Products on the Website shall strictly be a bipartite agreement between you and the Sellers on the Website. NBB does not hold any title, right or interest in the Products listed on the Website. We expressly disclaim all obligations and liabilities emanating from an agreement between you and the Sellers on the Website.
Products
The Website operates as a market place and merely provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
NBB 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 is not endorsed or supported by NBB and is the sole liability of the respective Seller. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
Payments
Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services; it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
NBB may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.
While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.
The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
Shipping and Delivery
All Products purchased from the Website shall be delivered to the User by standard courier services by NBB on behalf of the respective Sellers through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavour to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
NBB shall not be responsible for any delay in the delivery of the Products. NBB shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
The logistics partner supported by NBB will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to inter alia:
In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
No deliveries of the Products shall be made outside the territorial boundaries of India.
In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers.
If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
NBB shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
Some items are bound by the brand's specific policies regarding repair, exchange and returns. These policies will be binding on the customer.
Any promotional voucher used for placing the 'Bulk Order' may not be refunded.
