Terms & Condition
TERMS OF SERVICE
Neema LLP operates mydukaan.io/notshy .this page is for your general information and use only. It is subject to change without notice.
- PRODUCTS LISTED
Our products are offered in various prices in their specific categories.
Please review the following basic terms that govern your use of and purchase of products from our Site. Please note that your continued use of our Site constitutes your agreement to follow and be bound by these terms.
To place an order you will need to complete the transaction on the website. By placing an order on the site, you are agreeing to the terms and conditions and payment policy published in the appropriate section of the website or affiliated websites where specifically referred to such affiliated websites.
After you have made your selection and added products to your shopping cart, you will need to proceed to the checkout section.
In this section you will be asked for address and other contact information as well as payment related information
Once the payment transaction has been successfully completed, your order will be processed on receipt of the funds from the bank or Credit Card Company. It is at this stage that the sale is said to be complete. Thereafter your products will be shipped based on product availability and completion of logistics operations related to the same
Currency and Pricing: All transactions are processed in the currency shown on the product and checkout pages. Most countries have tax included in the price; if not, the tax will be shown on the checkout page before purchase.
You can select any of the categories from our website. You will not be enrolled in any type of continuity program by ordering from this website.
Please note that we cannot offer exchanges or refunds on any used products.
Neema Sales LLP is a channel for sales and as such aims to make information about products and services accurate. However, should there be any unintentional errors relating to the product, pricing, availability, shipping and product supply, Neema Sales LLP will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description. Neema Sales is solely a channel for sale of consumer products. Neema Sales is not responsible for any consequences that arise from use of these products. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products. You further acknowledge that Neema Sales will not be responsible or liable to comply with any warranties for the beauty and cosmetic products supplied to the consumer upon placing of the order through this Website, over and above and in addition to the warranties provided under the applicable laws. Information about the products and services sold by Neema Sales is provided to it by Neema Sales . As such, Neema Sales LLP takes this information at face value and publishes this without any further verification. As such, Neema Sales is not responsible for the accuracy or validity of this information.
In no event shall Neema Sales LLP be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. In particular, Neema Sales LLP shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and Neema Sales LLP will not be responsible for your actions. Furthermore, you agree to defend, indemnify and hold Neema Sales LLP harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your access and use of the Website.
- TERMS OF SERVICE
These terms of service govern the use of our website and services of Neema Sales LLP (“Neema Sales”,”us”, “we,” or “our”). Our website is operated by us and provides information about us and our services. These terms of service set out the terms and conditions that apply to you when you use our website or services (described below). By accessing and using our website, you agree to and shall be bound by the following terms. If you do not agree to all the terms and conditions, you must not use our services.
- CHANGES TO THESE TERMS
We reserve our rights to change, alter, modify, add or remove portions of the Terms by posting the amended terms on our website. We may provide additional notice vide email of any material change. New version of the terms will be available on our website. If you continue to use the services after the new version is posted, you are agreeing that the changes apply to your continued use of service.
- USING OUR SERVICES
Who can use our services: We are excited to have you start using our service, but there are some limits on who can use our Services.
You may not use our services if:
- You cannot enter into a valid contract.
- If you are under the age of (), or under the age of majority where you are located, you represent that your legal guardian has reviewed and agreed to these Terms. [KG comment: please confirm the age of people/users who can browse your website]
Restriction on use
The User or visitor is strictly prohibited from using the content or services of the website for unauthorized use. If you violate any part of these terms, your right to use the content and the website shall be automatically terminated.
- DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
Disclaimer of warranties. We provide the web site, the products, and services on an "as is" and "as available" basis. we do not represent or warrant that the products, the web site, the services, its use, any information on it: (i) will be uninterrupted or secure, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements, or (iv) will operate in the configuration or with other hardware or software you use. we make no warranties other than those made expressly in this tos, and hereby disclaim any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability and non- infringement.
Disclaimer of forward-looking statements. This web site may contain forward-looking statements that reflect our current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors, some of which are outside our control. Health related information. We provide information on the web site for informational purposes only. It is not meant as a substitute for the advice of a doctor or other health care professional. You should not use the information available on or through the web site for diagnosing or treating a medical condition. You should carefully read all product instructions prior to use.
Products - all products are subject only to any applicable warranties of their respective manufacturers, distributors, and suppliers, if any, provided in the product packaging. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including without limitation, any implied warranties of merchantability, non-infringement, or fitness for a particular purpose. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non- compliance with any codes, or misappropriation exclusion of damages. we will not be liable to you or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the web site or products, regardless of the cause of action on which they are based, even if advised of the possibility of such damages occurring.
limitation of liability - in no event will our aggregate liability arising from, relating to, or in connection with this ToS (including, without limitation, claims relating to the web site, or the products) exceed the greater of ________ or the amount that you paid for the products.
- REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments, or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. We do not regularly review posted Comments but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant to us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- COPYRIGHT AND TRADEMARK
We, expressly reserve all intellectual property rights including but not limited to copyrights, trademarks, design rights etc. in all text, programs, products, processes, technology, content and other materials, which appear on the Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any of our or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by us.
Any use of this website including but not limited to its contents, by way of copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our express permission. You agree, understand and undertake that nothing contained herein grants in your favour any right to modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Neema Sales, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely for the purpose of convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of material on such Website. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Neema Sales LLP or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website, is strictly prohibited. Unless otherwise noted, all Contents including the copyrights, trademarks, trade dress and/or other intellectual property on the Website are owned, controlled or licensed by us, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is our exclusive property and is also protected by Indian and international copyright laws.
- APPLICABLE LAW AND VENUE
If you are having a problem with the Services, before bringing a formal legal case, you must first contact our Customer Support team and then contact our Business Head at 7400116564. In the event the dispute cannot be resolved by our customer support team or our Business Head, you and Neema Sales LLP both agree to arbitrate as described below:
- To the fullest extent permitted by law, each party hereby expressly waives any right to a jury trial in any action, suit, proceeding, or claim arising out of or connected with this agreement or the subject matter hereof;
- If Client is resident in a territory within the Asia-Pacific region, the governing law shall be the laws of India, without giving effect to any conflict or choice of law provisions. Any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 as amended by time to time. Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English.
- Any legal disputes that are excluded from the Arbitration Rules or Laws applicable in India must be resolved having jurisdiction at Mumbai, India. This entire paragraph will survive termination of the agreement.
- SEPARATION OF TERMS
Each paragraph of these terms operates separately. Except as described under Applicable Law and Venue if any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
- ENTIRE AGREEMENT
These Terms, and any other policies we reference in these Terms constitute the entire agreement between you and us relating to the subject matter of these Terms, and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, written or oral, between you and us.
- NO WAIVER
If we do not enforce our rights under these Terms, that does not waive our right to do so later. And, if we do expressly waive a provision of these Terms, that does not mean it is waived for all time in the future. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
We may send you notices, statements, or any other type of communication by regular mail or email, by posting it on our website, or by any other reasonable methods.
You may provide notice to Neema Sales LLP at Unit No. 65 A, 1ST FLOOR,
VIRWANI INDUSTRIAL ESTATE, W.E.HIGHWAY GOREGAON EAST, MUMBAI-400063
You may ask questions or contact us by email at firstname.lastname@example.org
- FORCE MAJEURE
We shall be held liable in the event of a breach caused by a force majeure event, including natural disasters, war, terrorism, riots, government actions, embargoes, acts of civil or military authorities, failure or unavailability of third-party telecommunications, fire, flood, accidents, network infrastructure failures, pandemic, epidemic, strikes, shortage of transportation facilities, fuel, energy, labor or material, internet, or other services, malicious damage, armed hostilities and blockades.
This User Agreement shall remain in effect unless and until terminated by us. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to us. Upon any termination of the User Agreement by us, you must promptly destroy all materials downloaded or otherwise obtained from this Website as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any comments/ information shared by you shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
You agree to defend, indemnify and hold harmless the Website and Neema Sales LLP, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Website or us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.