TERMS AND CONDITIONS
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.inshacreationsnx.com (the “Website”), (“Insha Creations NX”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Insha Creations NX] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website.
Terms of Offer. This Website offers for sale certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Proprietary Rights. [Insha Creations NX] has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [Insha Creations NX]. [Insha Creations NX] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Intellectual Property; In addition to making Products available, this Website also offers information and marketing materials. [Insha Creations NX] does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that [Insha Creations NX] does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. [Insha Creations NX] does not endorse the contents on any such third-party websites. Use of Website; [Insha Creations NX] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website License. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [Insha Creations NX]
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant [Insha Creations NX] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. [Insha creations NX] expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“Products” include trial products.)
Without limiting the generality of the foregoing, [Insha Creations NX] makes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
Regarding any products purchased or obtained through the website.
IV. LIMITATION OF LIABILITY
[Insha Creations NX] entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.
[Insha Creations NX] will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.
You will release, indemnify, defend and hold harmless [Insha Creations NX], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Insha Creations NX].
VII. AGREEMENT TO BE BOUND
By using this Website or ordering products, you acknowledge that you have read and agreed to be bound by this Agreement and all terms and conditions on this Website.
Effect of Waiver. The failure of [Insha Creations NX] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from Mumbai, India. This Agreement will be governed by the laws of the State of India without regard to its conflict of law principles to the contrary. Neither you nor [Insha Creations NX] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Domestic Use. [Insha Creations NX] makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. [Insha Creations NX] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
CONCERNNG PURCHASE OF PRODUCTS THROUGH THE WEBSITE
Acceptance while placing an order:
By placing an order from our site i.e. www.inshacreationsnx.com, you accept that:
1. You are legally eligible for entering into a contract with Insha Creations NX;
2. You have attained the age of majority or you are considered as an adult as per the law abiding your city or you are at least 18 years old; and,
3. You are a resident in one of the country where we provide services.
Contract formation guideline:
1. Once you place an order, you will receive an acknowledgment e-mail with mentions of the order received at our end. This acknowledgement e-mail does not mean that your order has been accepted by us. Your order is an offer made to us that is subject to our will of selling the product. All orders are conditional i.e. based on availability and acceptance by us, and we will confirm our acceptance by sending you another e-mail that confirms the dispatch of the product. The contract between us will be recognized only when an email has been sent to you about the dispatch of the product. Please note that all communication will happen through electronic media / Telephone / WhatsApp.
2. We will not process your order until payment has been received, in case of prepaid orders.
3. If you have done any mistake while placing an order, rectification shall be allowed only till the time your order has not been dispatched from our side. But if, for some reason, you fail to do so, you can return the product as per the return policy mentioned on our website.
4. Before entering into a contract, we are entitled to refuse any order placed by you for any reason.
5. While placing an order you undertake that all details provided by you to us while requesting goods or availing any services from us are true and accurate and you have placed the order in all your senses. Also, you agree that you are an authorized user of the credit or debit card used for the transaction while placing the order. But, in case somebody forged your identity while placing any request to us, you hold the onus to inform about the same before entering into the contract.
Price and payment
- The price payable for the products while placing the order is shown on the website excluding delivery charges.
We offer free shipping for all domestic orders above INR.5,000/- Orders that do not qualify for free shipping will be charge Rs.100/- as base charge.
International Shipping- will be based on sale amount. Kindly refer below table for international courier charges.
|SALE AMOUNT||COURIER CHARGES|
|Rs.5,000/- to Rs.15,000/-||Rs.2,000/-|
|Rs.15,000/- to Rs.25,000/-||Rs.2,500/-|
|Rs.25,000/- to Rs.35,000/-||Rs.3,000/-|
|Rs.35,000/- to Rs.45,000/-||Rs.3,500/-|
|Rs.45,000/- to Rs.55,000/-||Rs.4,000/-|
|Rs.55,000/- to Rs.75,000/-||Rs.5,000/-|
|Rs.75,000/- to Rs.1,00,000/-||Rs.6,000/-|
|Rs.1,00,000/- to Rs.1,25,000/-||Rs.7,000/-|
|Rs.1,25,000/- to Rs.1,50,000/-||Rs.8,000/-|
|Rs.1,50,000/- to Rs.1,75,000/-||Rs.9,000/-|
|Rs.1,75,000/- to Rs.2,00,000/-||Rs.10,000/-|
|Rs.2,00,000/- to Rs.2,50,000/-||Rs.11,000/-|
|Rs.2,50,000/- to Rs.3,00,000/-||Rs.12,000/-|
|Rs.3,00,000/- to Rs.3,50,000/-||Rs.13,000/-|
|Rs.3,50,000/- to Rs.4,00,000/-||Rs.14,000/-|
|Rs.4,00,000/- to Rs.5,00,000/-||Rs.15,000/-|
2. Payment shall be made by “your chosen” the mode of payment mentioned on our website and your order will be dispatched from our side only after we receive the successful transaction notification for the full payment for the order placed with us.
3. Prices for the product can be altered without any prior notice but changes will not be entitled for the orders that have already been accepted by us.
4. We provide you multiple options for the products that you order with us, so it is always possible that, despite our best efforts, some of the products listed on our site may get priced incorrectly, unintentionally. We take utmost care in verifying the price of the order before dispatching from our end, and in case of any sort of discrepancy i.e. whether the price was charged higher or lower than the correct price, we will intimate you with the same.
5. Please note that we reserve full authority to cancel the order before dispatch and even after dispatch confirmation email from our side in the case the order has been placed for an incorrectly priced (lower price) product listed on our website.
Tax (In Percentage)-
For Indian Customers Product Prices displayed are inclusive of all taxes and duties.
For International Customers- most countries are shipped to 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 and local sales taxes levied by the country you are in, payment of these at the time of delivery is necessary to release your order form customs on arrival.
Return Policy– At Insha Creations NX, we are pleased to offer exchange for your purchase that is unworn , unused, unwashed, unaltered , undamaged and retaining the original tags, within 07 days from the date of delivery, for any defect or for a different size only. You have to self-ship the received products to us and once it’s qualifies our Quality check we shall dispatch your replacement order. One of our customer care team members will be happy to assist you through this process. You can contact them email and phone number. (Email Id: Support@inshacreationsnx.com )
Rights and obligations transfer corresponding to Contract
1. The contract is binding between you and Insha Creations NX, and after us to our respective successors.
2. Without our prior written consent, you are not liable to transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under the contract.
3. At any time during the term of the contract, we may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under the contract.
Delay due to unusual events
1. We are not accountable for the failure or delay of the delivered product or service that may occur due to the unusual events that are beyond our control like strike, lockout, accident or anything that may arise due to natural calamities (Force Majeure Event).
2. Our performance under any contract is deemed to be suspended for the period that Force Majeure Event continues, and we will have an extension of time for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Insha Creations NX reserves the right, in its sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problems corrupt the security, or proper administration of the service.
Insha Creations NX reserves the right to refuse the service to anyone at any time before binding the contract.
Change in Terms and Condition:
Insha Creations NX reserves the right, in its sole discretion, to modify its Terms and Conditions at any point of time Visitors are advised to go through the Terms and Conditions before making any purchases on Insha Creations NX website.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT