Terms and Conditions of Sale – India
This page provides you information about Nykaa Fashion Limited (“Nykaa Fashion”, “Retailer”,
“we”, “our” and/or “us”), and the terms and conditions (the "Terms") on
which we sell products in accordance with section 2.1 below ("Products") through the website
www.nike.in ("our site"/"Site") to you. These Terms will
apply to any contract between us for the sale of Products to you ("Contract"). Before using our site, please read these Terms
carefully and make sure that you understand them.
Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you
will not be able to order any Products from our site or make any payments related thereto.
You should view, read and print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to
time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which
will apply at that time.
1. INFORMATION ABOUT US
1.1 The Retailer is a company incorporated and registered under the provisions of the Companies Act, 2013 and having its registered office at
104, Vasan Udyog Bhavan, Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra, Pin – 400013. Retailer is inter-alia engaged in the business of
facilitating selling, marketing and retailing clothes / garments (“Business”) through the e-commerce platform developed and owned by Retailer
and its affiliates or offline stores / events to conduct its Business.
1.2 Nike India Private Limited has its registered office at Ground and First Floor, Olympia Building, No.66/1, Bagmane Tech Park, CV Raman
Nagar, Bangalore - 560093, Karnataka, India, (“Nike”).
1.3 Nike has appointed Retailer to develop and operate this Site and sell the Products on the Site to consumer with delivery address in India.
1.4 Contacting us
1.4.1 If you wish to contact us for any reason, including because you have a complaint, please do so by using the contact details, set out
below:
CUSTOMER CARE:
- Email- support@official.nike.in
- Phone -18002100202
GRIEVANCE OFFICER:
- Mrs. Jennifer Irani
- Designation: Assistant Vice President - Customer Service
- Address: 104, Vasan Udyog Bhavan, Senapati Bapat Marg, Lower Parel, Mumbai, Maharashtra, Pin - 400013
- Email: grievanceofficer@nykaafashion.com
- Phone: 1800 266 3333
- Time: Mon to Sat (10 AM to 7 PM
1.4.2 If we have to contact you or give you notice in writing, we will do so by e-mail you provide to us in your order.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 We only sell the Product(s) to end-users and/or consumers with a valid address in India. End users and/or consumers are persons who use the
product (s) for their own use and do not resell them. We reserve the right to refuse the sale of the Product(s) to other retailers or bulk
buyers.
2.2 By placing an order with us through our Site, you acknowledge that your transaction will be with us. You further acknowledge that upon
successful verification by us of the authenticity and sufficiency of the information you provide, we will sell it to you for the amounts
presented and agreed-upon when you submitted your order. We will be responsible for fulfilling the order to you.
2.3 Our Site will guide you through the steps you need to take to place an order and make a payment with us. Our order process allows you to
check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order
process.
2.4 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will
only be formed when you receive your order confirmation email.
2.5 We will send you an e-mail that confirms that the Products have been dispatched ("Dispatch Confirmation").
2.6 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an
error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the
Products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to
you.
2.7 You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable
to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your
identity and/or your intent to place the order.
2.8 Please note that any Products made available through our site are intended for non-commercial use, and purchase of a Products for resale
purposes is strictly prohibited.
2.9 By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your
credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied with the Retailer’s
description. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to
utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment
information you provide. The Retailer reserves the right to cancel your order at any stage, in the event that we are unable to verify the
information you provide, or the payment method that you have selected. In the event of a cancellation by Retailer, we will refund you the full
amount that you have paid.
3. TERMS OF USE OF OUR SITE
3.1 Please read these Terms of Use carefully before you start to use this website. By using our site, you indicate that you accept these Terms
of Use and that you accept and agree to abide by them. If you do not agree to the Terms of Use, please immediately cease all usage of this site.
3.2 We do not guarantee that our site or any content on it will always be available or be uninterrupted. Access to our site is permitted on a
temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the site without notice. We will not be liable
to you if for any reason all or any of our sites are unavailable at any time or for any period.
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You are responsible for making all the necessary arrangements for you to have access to our site. You are also responsible for ensuring that
all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.
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We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make,
as they are binding on you in respect of any future use of the site and any future orders you place for Products.
3.3 Access to certain areas of our site is restricted. We reserve the right to restrict access to other areas of our site, or indeed the whole
site, at our discretion.
3.4 The use of our sites by a minor is subject to the consent of their parent or guardian and subject to Indian law. We advise parents or
guardians who permit minors to use the site that it is important that they communicate with minors about their safety online, as moderation or
vetting of advertisements is not guaranteed or foolproof. Minors who are using any interactive service should be made aware of the potential
risks to them.
3.5 You must not use our site in any way that causes, or may cause, damage to the site or impairment of the availability or accessibility of the
site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity including but not limited to using our site to copy, store, host, transmit, send, use, publish or distribute any material;
gaining unauthorized access to our site; collecting data from our site; sending unsolicited commercial communications via our site; and/or
without limitation performing any act that is inconsistent with the purpose of this site: to take in and fulfil consumer orders. If you wish to
use our material for any other purpose, you need our explicit written permission in advance.
3.6 Where necessary we will report any breach of these Terms to the relevant law enforcement authorities and if and to the extent allowed under
applicable data protection law, we will cooperate with those authorities by disclosing your identity and/or your personal information to them.
In the event of such a breach, your right to use our site will cease immediately.
3.7 We reserve all rights, title and interests in our and our affiliates' intellectual property rights including without limitation, any
patents, trademarks, service marks, copyright, database rights, design rights, know-how, confidential information and any other similar
protected rights in India. For our product (s): In the unlikely case that we do not fulfil our obligations with you correctly, we are, to the
extent permitted by law, only responsible for the direct damage resulting from it up to the maximum amount that you paid for the product (s)
concerned. However, we are responsible for the damage resulting from the inadequate performance in the case of:
- Intentional or wilful recklessness on our part and/or on part of our management
- Any other damage for which the liability cannot be statutorily excluded or limited.
3.8 You agree not to communicate any of the following content on the Site or when you contact our Customer Service Team by email:
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No offensive content, such as defamatory content, content involving violence, cruelty, nudity, sex, sexual deviancy, pornography, sexual
degradation, solicitation of prostitution, offensive language, crude references or hate speech; or content which is indecent, obscene, false
or offensive in character, regardless of whether there is malice or intention to annoy, abuse, threaten or harass any person.
- No content which is misleading, false or deceptive (for example, content that is misleading as to any alleged defects).
- No content promoting terrorism or terror-related activities.
- No content which infringes intellectual property rights or causes confusion on the relationship with other individuals.
- No content involving the impersonation of individuals without such individuals’ written consent.
3.9 You are responsible for any loss or damage we may suffer as a result of your breach of these Terms.
3.10 The content of your purchase agreement is not saved by us for an indefinite period. You will receive a confirmation of your purchase
agreement by email, and you must save this yourself for any later consultation.
3.11 These Terms are applicable unless they are inconsistent with mandatory statutory provisions. If any part of these Terms must be considered
not valid for any reason whatsoever, this does not affect the validity of the remaining part of the Terms, and this remaining part is considered
to remain in full force and effect.
3.12 All marks provided on the Site are the property of their respective company/ies / owners. Without prejudice to the generality of the
foregoing, (i) the "Nykaa Fashion" name and logo and all related product and service names, design marks and slogans are the trademarks, logos
or service marks of Nykaa Fashion and (ii) the “Nike” and related trademarks are the trademarks, logos or service marks of Nike and /or its
affiliates (collectively (i) and (ii) are hereinafter referred to as “Marks”). It is reiterated that Marks displayed on this Site, whether
registered or unregistered, are the intellectual property of their respective owners. No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner.
3.13 All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and
written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You
shall not download or copy the Contents and other downloadable materials displayed on the Site for your personal use. The Contents and software
on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission,
re- publication, display, or performance, of the Contents on our site is strictly prohibited.
4. WHAT YOU AUTHORISE US TO DO
4.1 By using our site, you authorise us to process payments, refunds and adjustments for your transactions, remit funds to your bank account
where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any
amounts you owe in accordance with these Terms.
4.2 We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not
impersonate any person or use a name which you are not legally authorised to use. You authorise us to verify your information (including any
updated information) and to obtain an initial credit authorisation from your credit card issuer.
5. SHIPPING AND DELIVERY
5.1 Your Dispatch Confirmation will contain delivery information which will allow you to track the delivery of your Products (where such service
is made available). Occasionally our delivery to you may be affected by an Event Outside Our Control. See section 9 for our responsibilities
when this happens.
5.2 If no one is available at your address to take delivery, the carrier may leave a delivery attempt notice to advise that the merchandise has
been returned to their local depot. If this occurs, please contact the carrier at the number listed on the delivery attempt notice. If you have
further issues, please contact us as per the details set out in section 1.4 (Contacting Us) of these Terms.
5.3 Delivery of an order shall be completed when we deliver the Products to the address you gave us, or you collect such Products from us.
5.4 Occasionally, part of an order may be out of stock. If not agreed otherwise in these Terms (particularly under section 9), we are not
responsible for any delays in your Order. We will take all reasonable steps to try and limit any delays in your order due to backorder
situations or delays, and shipments of your Products will only be made after the Products have arrived at the depot.
5.5 Except if an “Event Outside Our Control” (see section 9 below) occurs, purchased Products shall be delivered within 45 (forty-five) days
from when you receive your order confirmation email (unless a later delivery date is agreed with you). In circumstances where the delivery has
not occurred within the above indicated timeframe (or as otherwise agreed with you), you will be entitled to specify a date for delivery and, if
this cannot be met, you may terminate the Contract and we shall, without undue delay, reimburse all sums paid within the time frame specified
under the Contract.
5.6 Products are shipped to you based on the information which you provide to us and you are responsible for the accuracy of such information.
If any regulations are breached (including but not exclusively export/import regulations) due to inaccurate information provided by you then you
are responsible for such breach.
5.7 Our carrier may contact you to arrange deliveries, confirm delivery details and rearrange deliveries (where applicable) from time to time.
5.8 If you have chosen cash on delivery as your preferred method of delivery and payment (where such option is available):
- 5.8.1 we have discretion to reject certain modes of payment;
- 5.8.2 we only accept payments in Indian Rupees; and/or
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5.8.3 should you not accept the Order or make full payment at the time of delivery, we reserve the right to refuse to deliver the Products.
6. RETURNS
Except as otherwise provided in section 7 (Faulty Merchandise) below, the following section applies with respect to standard returns. (Please
see section 7 below for more information regarding Faulty Merchandise.)
6.1 Details on how you can cancel your order or return your Products (where permissible) including the address to which Products must be
returned and the time limits for returns, will be provided in the FAQs (Frequently Asked Questions), on the checkout page, in your order
confirmation e-mail and/or your Dispatch Confirmation via the link to the returns portal, (the “Return Merchandise Portal”).
6.2 Returns must only be sent to the address indicated on the Return Merchandise Portal. These details will be provided with the delivery
package containing your order or in the Dispatch Confirmation email (which will contain a link to the Return Merchandise Portal).
6.3 Returned Products must be in new condition with tags attached and must be accompanied by the original receipt or invoice. All returned
Products are sent at your own risk. If you have received a return label, you must use the return label provided to you via the Return
Merchandise Portal.
6.4 All refunds are subject to inspection and verification at the time of QC check at doorstep during pickup. If the returned Products are not,
in our reasonable opinion, fully resaleable owing to your actions, whether through a damage of the product or the packaging, we reserve the
right to refuse a refund partly or in total.
6.5 Only in cases where the details of the returned Products have been provided within the Return Merchandise Portal will we reimburse you.
6.6 You will be refunded by us to the credit/debit card or other payment method provided by you when the order was originally placed, to the
extent permitted by applicable laws. The refund will be processed as soon as practicable but within fourteen (14) working days of the shipment
status for the order being changed to “Picked Up” subject to inspection and verification of the Products as per section 6.4 of the Terms.
6.7 Deductions may be made from refunds where such returned Products are returned in an unacceptable condition.
6.8 Certain goods may not be suitable for return. In the event that a Product is not suitable for returning, please refer to your order
confirmation email and you will be advised as to how your refund may be processed in accordance with the policies and procedures set out
therein.
7. FAULTY MERCHANDISE
7.1 We are under a legal duty to supply merchandise that is in conformity with this Contract. If you wish to return merchandise which is faulty
or non-conforming, you can email us.
7.2 If you choose to return your faulty or non-conforming merchandise, we will first need to confirm that it is faulty, damaged, or does not
correspond to the description on our website. Once confirmed, we will refund the cost of the merchandise and the original shipping and handling
charges paid by you. If we determine the merchandise is not faulty, you will not be entitled to a refund and we will return the merchandise to
you at your cost. Please see the “Returns” section above for more information regarding on how you can complete your return.
7.3 We will usually credit the refund back to the form of payment that you used to pay for the merchandise within approximately fourteen (14)
days from the date of the shipment status for the order being changed to “Picked Up” subject to inspection and verification of the Products as
per section 6.4. Please note, it may take longer for the refund to appear on your payment card statement.
8. REPRESENTATIONS AND WARRANTIES
8.1 Our site is provided to you “AS IS”. We make no representations regarding the use of or the result of the use/ depiction of the Contents on
our site in terms of their correctness, accuracy, reliability, or otherwise. We shall not be liable for any loss suffered in any manner by the
user as a result of depending directly or indirectly on the depiction of the Content on our site.
8.2 You acknowledge that our site is provided only on the basis set out in the Terms. Your uninterrupted access or use of our site on this basis
may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or
interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on our
site.
8.3 We shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content,
hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or
category of information. We do not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in
connection with any ability/inability to access or to use the Site. We make no representation and we take no responsibility for the accuracy,
completeness, appropriateness or usefulness of the Information.
8.4 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR
HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA
NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH
YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS
BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE INDIAN LAW, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL, OR OTHER ECONOMIC OR COMMERCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH
YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ANY CONTENT SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE SITE, WHETHER ARISING IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE, THESE TERMS, OR ANY PRODUCTS PURCHASED
THROUGH THE SITE EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR SUCH PRODUCTS.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE
THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH
THESITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS TERMS
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is
caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 9.2.
9.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or
other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other
natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of railways, shipping, aircraft,
motor transport or other means of public or private transport.
9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
- you will be contacted as soon as reasonably possible to notify you; and
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our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the
Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date
with you after the Event Outside Our Control is over.
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you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel
please contact us. If you opt to cancel, you will have to return any relevant Products you have already received (where appliable in
accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).
9.4 Further to the above sections 9.1 - 9.3, we will not be liable or responsible for any failure to perform, or delay in performance of, any of
our obligations under a Contract due to backorder situations or delays, and section 9.3 shall apply to such failure or delays caused due to
backorder situations.
10. PERSONALISED PRODUCTS
10.1 The ability of Retailer to fulfil any personalised Order is subject to availability of:
- 10.1.1 the Product/stock; and
- 10.1.2 the materials requested/required.
- 10.1.3 The manufacturing time and/or the shipping time of any such Products may be affected due to Product or material constraints.
11. YOUR LIABILITY FOR BREACH OF THESE TERMS
You are responsible to fully compensate us for any losses, damages, costs, liabilities and expenses (including without limitation legal expenses
and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us
arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these
Terms.
12. BREACHES OF THESE TERMS OF USE
Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to
deal with the breach, including suspending your access to our site, prohibiting you from accessing our site, blocking computers using your IP
address from accessing our site, contacting your internet service provider to request that they block your access to our site if and to the
extent allowed under applicable data protection law and/or bringing court proceedings (both civil and criminal) against you.
13. GOVERNING LAW & JURISDICTION
The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts
at Mumbai shall have exclusive jurisdiction.
We make no representation that any products, services and materials displayed on the Site are appropriate or in compliance with laws for use in
other locations/countries other than India. Those who choose to access this Site from other locations/countries other than India do so on their
own initiative and we shall not be responsible for supply of products/refund for the products ordered from other locations/countries other than
India, compliance with local laws including custom duty, taxes, import regulations etc., if and to the extent local laws are applicable
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our
obligations under these Terms. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Statement carefully,
as it includes important terms which apply to you. To the extent permitted under applicable data protection law, particularly for the purpose of
performance of the Contract, your personal information, in accordance with their own separate Privacy Policy which can be found on their
website.
14.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or
unenforceable, the remaining paragraphs will remain in full force and effect.
14.4 Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the
parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations,
warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and
you.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we
delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those
obligations.
14.6 Please note that these Terms are governed by Indian law. This means a Contract for the purchase of Products through our site and any
dispute or claim arising out of or in connection with it will be governed by Indian law. You and we both agree that the courts of India will
have exclusive jurisdiction.
14.7 As a consumer, you will benefit from any mandatory provisions of the law of India. Nothing in these terms and conditions affects your
rights as a consumer.