Terms & Conditions
nynaeve.in is operated by Ddovs enterprises. Throughout the site, the terms “we”, “us” and “our” refer to nynaeve .in is owned and managed by Ddovs enterprises. This website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Welcome to NYNAEVE ! This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of NYNAEVE marketplace platform – nynaeve.in (hereinafter referred to as "Platforms").
Your use of the nynaeve.in and its services and tools are governed by the following terms and conditions as applicable to the nynaeve.in including the applicable policies which are incorporated herein by way of reference. By mere use of the nynaeye.in, You shall be contracting with Ddovs enterprises, the owner of the nynaeve.in Platforms. These terms and conditions including the policies constitute Your binding obligations, with nynaeve.in.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms & conditions, at any time without any prior written notice to You. You shall ensure to review these Terms of conditions periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms & conditions.
- DEFINITIONS
NYNAEVE Platforms/Platforms-- are defined as any Websites/Mobile Application under NYNAEVE ’s control, whether partial or otherwise (including, without limitation, nynaeve.in, and the Website from which these terms of use were accessed from) and include the NYNAEVE Services. The term "NYNAEVE ", "We", "Us", "Our" shall mean Ddovs enterprises and its affiliates NYNAEVE Services- are defined as the applications and services offered by NYNAEVE , including an on-line service to sale and purchase merchandise including clothing, footwear and accessories and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows You to access such application (collectively, “NYNAEVE Services”).
“Seller/s” includes all the vendors or designers who are willing to register with NYNAEVE /Ddovs enterprises in order to showcase their products for the purpose of sale and purchase.
“Buyers/Users” includes anyone who uses/registers website/mobile application or any other NYNAEVE platforms to purchase the goods or avail NYNAEVE services to purchase merchandise.
- LICENSE TO ACCESS
NYNAEVE hereby grants you a non-exclusive, revocable license to use the NYNAEVE platforms as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without NYNAEVE ’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
- ACCOUNT AND SECURITY
Your registration on the NYNAEVE platforms shall be deemed to be your consent to be contacted for any purpose pertaining to purchase or sell or anything for that matter, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form
- PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit and use of nynaeve.in, to understand our practices. The personal information/data provided by you during the course of usage of nynaeve.in will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. NYNAEVE shall be entitled to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. If you object to your information being transferred or used, please do not use the website.
- STATEMENT OF SERVICES PROVIDED BY NYNAEVE
NYNAEVE provides Internet-based services through their Platforms. It enables the Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products") through the NYNAEVE Platform using various modes of payments offered by NYNAEVE /Ddovs enterprises. NYNAEVE do not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
- ELIGIBILITY
Use of nynaeve.in or any other platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
- SCOPE AND TERMS OF WORK FOR SERVICE FOR SELLERS
NYNAEVE provides Internet-based services through its platforms and operates as a market-place and merely provides an online platform to various sellers to advertise, display, make available and sell various Products (including clothing, footwear and accessories) and provides services to Users of the Website.
NYNAEVE merely facilitates the engagement of buyers and various Sellers and provides such other services as are incidental and ancillary thereto. However, NYNAEVE reserves the right to terminate the services offered at any time to the buyers without any notice.
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 which includes the product description, material used, whether hand washable or dry clean etc), size & fitting chart, picture of models wearing the product, price, brand description, or any other information required, to be sold on the NYNAEVE platforms.
NYNAEVE does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. 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. The seller agrees and acknowledges that NYNAEVE is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the platforms.
NYNAEVE does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between users and Sellers. Accordingly, the sale of Products on the platforms shall strictly be a bipartite agreement between the buyers and the Sellers on the platforms.
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 issuing Seller’s products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
NYNAEVE does not hold any title, right or interest in the Products listed on the Platforms. NYNAEVE expressly disclaims all obligations and liabilities emanating from an agreement between buyers and the Sellers on the platforms.
NYNAEVE is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. The seller agrees and acknowledges that that, NYNAEVE cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
The seller agrees and acknowledges that NYNAEVE shall not be responsible for payment of all fees/costs/charges associated with the purchase of products and agrees to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
The seller agrees and acknowledges that NYNAEVE shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable when a contract for the sale of products was formed.
NYNAEVE /Ddovs enterprises provides storage area or warehouse to sellers who wish to and are in need of a place to store their products on fixed rental basis.
- CONTINUED SERVICE TILL COMPLETION
The seller agrees and acknowledges that at no point in time the seller shall leave the work assigned to it, mid way, till all the work assigned to the seller is successfully concluded and NYNAEVE has verified and approved of the same
- INTELLECTUAL PROPERTY RIGHTS
All trademarks, copyrights, patents, and/or other proprietary rights and Laws and service marks with respect to the services are owned by Ddovs enterprises (NYNAEVE ). The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that doesn’t belong to the Company, in any manner that is likely to cause confusion. Nothing contained on the Platform/Website/Mobile Application should be construed as granting, by implication, estoppels or otherwise, any license or right to use Company’s trade names, trademarks or service marks without the express prior written consent of the Company.
- CONFIDENTIALITY CLAUSE
The seller hereby agrees and acknowledges that it shall not share any information of NYNAEVE or the work done for NYNAEVE platforms or on any Social Media Platform, nor discuss the work done for and on behalf of NYNAEVE with any other Company or Customer of the seller, without the prior written approval of NYNAEVE .
The seller shall exercise reasonable care to protect the Confidential Information of the Company from unauthorized disclosure, which care will in no event be less than the seller takes to protect its own Confidential Information of a like nature. The seller may disclose Confidential Information only to its Employees or Agents who need to know such information for purposes of this terms & conditions, and will inform such Employees and Agents, by way of Policy and Agreement, that they are bound by obligations of Confidentiality.
The seller’s duty to hold Confidential Information in confidence shall be perpetual.
- INDEMNIFICATION
The seller agrees to indemnify and hold the Company, his officers, directors, agents and employees, harmless from any claim or demand, losses, cause of action, damage, Law suits including reasonable Attorney’s fees and costs, arising out of or relating to the seller’s services under this terms and conditions. The seller agrees to defend any and all claims, demands, and cause of action, lawsuits and/ or judgments arising out of, or relating to the seller’s services under this terms and conditions, unless expressly stated otherwise in writing. This indemnity shall survive the expiration or termination of this Agreement.
- RELATIONSHIP BETWEEN THE PARTIES
The seller is an independent Contractor; and nothing in the terms & conditions will be construed to create a Partnership, Joint Venture or Agency relationship between the Parties. Each Party will be solely responsible for payment of all compensation owed to its employees, as well as employment related taxes.
- PRIOR APPROVAL BEFORE ASSIGNMENT
The seller shall not assign its rights or obligations under the terms & conditions to any other person or entity, except with the prior written consent of the Company.
- TITLE AND RISK
All risk of loss or damage caused to the seller or any of its employees or anything else for that matter made during the performance of the Services and thereafter shall vest with the seller.
- TERMINATION
This Agreement shall stand terminated if;
- a) The defaulting party is in breach, non-observance or non-performance of any of its obligations in this Agreement and does not remedy the same within 15 days of receipt of Written Notice of such failure or breach being served upon it by the other party (the non-defaulting party).
b)If at any time by either Party on written Notice with immediate effect in the event that proceedings in bankruptcy or insolvency are instituted by or against the other party or a receiver, trustee, administrator or liquidator is appointed in respect of any part of the other party´s assets or any similar relief is granted under any applicable bankruptcy or equivalent Laws.
- WAIVER:
Neither party shall be deemed by mere lapse of time (without giving notice or taking other action hereunder) to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. If the seller breaches these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
17.FORCE MAJEURE
Any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within Fifteen (15) days after the occurrence of such event. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this Agreement for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
- JURISDICTION
Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall be composed of one Arbitrator appointed by the Company. The place of Arbitration shall be at Ahmedabad, Gujarat. The Arbitral proceedings shall be conducted in English language and the Award shall be rendered in English only. The procedural Law of the Arbitration shall be Indian Law. The Award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and the Agreement shall be subject to the exclusive Jurisdiction of the Courts at Ahmedabad, Gujarat.
- ENTIRETY
The Agreement and Annexure embodied in this entire agreement between the Parties shall supersede all prior agreements and understandings, if any, relating to the subject matter of this Agreement.
- ALTERATION OR AMENDMENTS TO THE TERMS & CONDITIONS
NYNAEVE reserves the right to make changes to the policies, and these terms & conditions at any time. You will be subject to the policies and terms & conditions in force at the time, unless any change to those policies or these conditions is required to be made by Law or Government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- CONTACT
Seller may contact Ddovs enterprises in case of any queries/claims relating to the Platforms or sale and purchase services provided by NYNAEVE by filling up the necessary form uploaded on the NYNAEVE platform and one of our team members will revert within 48 working hours to assist you in resolving the problem.
USER’S TERMS & CONDITIONS
USER’S TERMS & CONDITIONS
Welcome to NYNAEVE ! This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of NYNAEVE marketplace platform – nynaeve.in (hereinafter referred to as "Platform")
Your use of the nynaeve.in and its services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the NYNAEVE including the applicable policies which are incorporated herein by way of reference. By mere use of the NYNAEVE , You shall be contracting with Ddovs enterprises, the owner of the NYNAEVE Platforms. These terms and conditions including the policies constitute Your binding obligations, with NYNAEVE .
When You use any of the services provided by NYNAEVE through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use.
- DEFINITIONS
NYNAEVE Platform-are defined as any Websites/Mobile Application under NYNAEVE ’s control, whether partial or otherwise (including, without limitation, nynaeve.in, and the Website from which these terms of use were accessed from) and include the NYNAEVE Services. The term "NYNAEVE ", "We", "Us", "Our" shall mean Ddovs enterprises and its affiliates.
NYNAEVE Services- are defined as the applications and services offered by NYNAEVE , including an on-line service to sale and purchase merchandise including clothing, footwear and accessories and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows You to access such application (collectively, “NYNAEVE Services”).
“Buyers/Users”include anyone who uses/registers to use the website/mobile application or uses the services provided and those who register to sale or purchase merchandise. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User.
“Seller/vendor” includes all the service providers or designers that are willing to register with NYNAEVE in order to showcase their products for the purpose of sale and purchase
- LICENSE TO ACCESS
NYNAEVE hereby grants you a non-exclusive, revocable license to use the NYNAEVE platforms as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without NYNAEVE ’s prior written consent; (ii) you will not alter or modify any part of the platform other than as may be reasonably necessary to use the platforms for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
- USER ACCOUNT AND SECURITY
NYNAEVE is not responsible for the confidentiality of the user’s Display Name and Password and user shall be responsible for all activities that occur under their Display Name and Password.
By merely visiting the NYNAEVE platforms or using the platforms, You agree that if any information provided by you is untrue, inaccurate, not current or incomplete, NYNAEVE shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
In case of any unauthorized use/breach of your password or account, You agree to immediately notify NYNAEVE and ensure that you exit from your account at the end of each session.
Your registration on the NYNAEVE platforms shall be deemed to be your consent to be contacted for any purpose pertaining to purchase or sell or anything for that matter, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form.
- PRIVACY POLICY
Please review our Privacy Policy, which also governs your visit to nynaeve.in, to understand our practices. The personal information/data provided by you during the course of usage of nynaeve.in will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. NYNAEVE shall be entitled to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. If you object to your information being transferred or used,PLEASE DO NOT USE THE WEBSITE.
- STATEMENT OF SERVICES
NYNAEVE provides Internet-based services through their Platforms. It enables the users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products") through the Platform using various modes of payments offered by us. NYNAEVE do not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
- ELIGIBILITY
Use of nynaeve.in or any other platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may purchase only with the involvement of a parent or guardian.
- TERMS OF SERVICES
NYNAEVE is a platform for the users and sellers to interact and carry out transactions. NYNAEVE is not and cannot be a party to or control in any manner any transaction between the NYNAEVE users and the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the user. At no time shall NYNAEVE hold any right, title or interest over the products nor shall NYNAEVE have any obligations or liabilities in respect of such contract.
NYNAEVE merely facilitates the engagement of buyers and various Sellers and provides such other services as are incidental and ancillary thereto. However, NYNAEVE reserves the right to terminate the services offered at any time to the buyers without any notice.
All commercial/contractual terms are offered by and agreed to between users and Sellers alone. These terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
NYNAEVE does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
NYNAEVE does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the users and Sellers..
NYNAEVE does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform
NYNAEVE is not responsible for any non-performance or breach of any contract entered into between users and Sellers. NYNAEVE cannot and does not guarantee that the concerned users and/or Sellers will perform any transaction concluded on the Platform.
NYNAEVE provides various unique social media account names such as / #hastags to the User at the time of Purchase/ on its Platform page. If the user uses such / #hashtag and uploads a picture on Facebook, Instagram or any other social media using the those / #hastags, then NYNAEVE platforms automatically takes up the picture uploaded and links the picture to the NYNAEVE website for the purposes of advertising and marketing. The user agrees and acknowledges that the user has no objection to such linking of uploaded pictures to NYNAEVE platforms.
NYNAEVE is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
NYNAEVE does not hold any title, right or interest in the Products listed on the Platforms. NYNAEVE expressly disclaims all obligations and liabilities emanating from an agreement between buyers and the Sellers on the platforms.
Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event the seller may cancel such order(s).
- BE A DESIGNER
NYNAEVE platform provides an opportunity to the users to submit original product design/s (hereinafter referred to as “the said design”) which is not copied from a third party vendor or designer and is not currently available for sale on the NYNAEVE platform as their customized suggestion.
The team of experts at NYNAEVE shall review all such submitted design on regular intervals and if in the opinion of the said team of experts, the said design is unique & marketable and if selected, NYNAEVE will get products manufactured and display the said products on the NYNAEVE platform for sale.
The user shall alone be liable for any action or claim or payment of damages in case if a third party initiates any action for Infringement/passing off of Intellectual Property Rights over the said design submitted by the user. Further, the user who has submitted his or her design for selection shall indemnify and hold harmless NYNAEVE , Ddovs enterprises, its officers, directors, employees, experts, associates and affiliates from any action or claim by a third party for action for Infringement/passing off of Intellectual Property Rights over the said design submitted by the user.
From the revenue generated from the sale of the product, the selected user shall be entitled to only a pre-determined payment of Royalty fee for the design submitted by the said user on sale of each such product sold on NYNAEVE platform. Further, the selected user shall not claim any other payment or right or ownership on the said design.
The amount/percentage of the Royalty payment which the selected user is entitled to shall be determined solely by NYNAEVE and the said Royalty Payment shall be disbursed by NYNAEVE once every quarter or upon the sale of the whole quantity manufactured.
- USER SUBMISSIONS FOR USING THE NYNAEVE PLATFORMS
You may use information on the products and services purposely made available on the Platform for downloading, provided that You do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and do not make any additional representations or warranties relating to such documents.
You must not use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity, to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.
You must not use the website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity, to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxiety.
- MODE OF PAYMENT
NYNAEVE has collaborated with many payment gateways’ namely CCAVENUE. All the users are thereby expected to pay the desired amount using these gateways. However, NYNAEVE also provide other modes of payment such as
- Cash on Delivery
- Paytm
- Bank transfer through debit or credit card
- mention any other method of payment
The total Price for providing the desired services and any Incidental Services under this Agreement shall be payable in Indian Rupee only.
NYNAEVE shall raise an invoice/receipt for providing such services and the payment shall be as per the requirement.
The amount specified in the Invoice/receipt shall be the total charge to be payable to NYNAEVE . The user shall be responsible for the payment of all taxes, duties, levies and charges assessed on it in connection to the purchase at the time of making payment.
- REFUND AND RETURN POLICY
The following general returns policy is applicable to all products sold by NYNAEVE through its platforms.
RETURN POLICY:
Within 7 days of Delivery of the Product, the User can return the Product along with the necessary receipt, if the Product, when delivered to the User, was Defective or Damaged.
Further, if in case the User is not satisfied with the Size or the Shade of the Product, he/she may request for return/ exchange of the said Product within 7 days of the delivery of the said Product to get his/ preferred size/ shade the said Product or in the alternate he/ she can exchange it for a different product.
All merchandise returned must be in Re-saleable Condition with original packaging and must also include all accessories (if any) supplied.
Conditions for acceptance of a product for return:
Products marked as "non-returnable" on the Product’s description page cannot be returned. The return process of the Product can be restricted depending on the nature and category of the product.
Products should be returned in their original packaging along with the original Price Tags and labels. Products/Items must NOT BE used.
We regret that we will not be liable for refund for any item returned that are received by us damaged or lost in transit. It is advised that the return packets should be strongly and adequately packaged so that there is no damage of goods in transit.
Specific categories like inner wear, lingerie, socks and clothing freebies, Custom made product shall not be eligible for return
For items on special or seasonal promotions and stock clearance whose prices have been drastically reduced, we do not accept returns of these items. The product description page will clearly state that you will not be able to return such item; unless it arrives in a damaged or defective condition.
Procedure for Return
For return of the product, please click on the return and refund tab mentioned on the website and the Mobile Application and thereafter mention the reason of return. NYNAEVE will initiate the return process accordingly.
Once your request for return is accepted by us, an agent as appointed by us will collect the product from the delivery address or any other address specifically provided for the purpose of return and shall inspect the product at the site itself. If the same has been accepted by the person collecting the product, then the return process will start and the product will be returned or exchanged after 7 - 10 working days starting from the day the product was collected from you.
In case you face any problem or need any sort of assistance, please get in touch with our Customer Service Team at support@nynaeve.in for guidance/ assistance.
REFUND POLICY:
Refund will be made once the Product reaches the NYNAEVE Warehouse/ Vendor location. The Product will only be picked up from the same location where the said Product was delivered.
NYNAEVE provides various types of refund policy depending upon the payment gateway through which the payment has been made. These are:-
Refunds would be processed to the credit card/bank account/wallet account such as Paytm, used for shopping, within a maximum time span of seven (7) working days from the date of receipt of returned product by NYNAEVE .
However, if any product is delivered that is not the same as per your original order or is delivered in a damaged condition; the same will be replaced by us at no extra cost. For the process of replacement of such product/s please see the section above, “Procedure for Return”.
If the Order is processed through COD, the Shipment Charges (if any) won’t be eligible for Refund.
If the orders are processed in Prepaid and Refund Request is raised by Customer, then 10% of the total amount will be deducted from the order Value.
- INTELLECTUAL PROPERTY RIGHTS
All trademarks copyright, trademark, patent, and/or other proprietary rights and Laws and service marks with respect to the services are owned by Ddovs enterprises. The trade names, trademarks and service marks owned by the Company, whether registered or unregistered, may not be used in connection with any product or service that doesn’t belong to the Company, in any manner that is likely to cause confusion. Nothing contained on the Platform/Website/Mobile Application should be construed as granting, by implication, estoppels or otherwise, any license or right to use Company’s trade names, trademarks or service marks without the express prior written consent of the Company.
- LIMITED LIABILITIES
The User shall indemnify NYNAEVE against any responsibility resulting from claims of third parties relating to infringement of their personal rights by the User utilizing the Platform and any data theft or leak of personal information or to Infringement of Intellectual Property Rights connected with the content and software which is not made available by the Platform.
- NO THIRD PARTY LIABILITY
At times NYNAEVE may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and NYNAEVE shall not be liable for the use or misuse of Your information by such third parties. NYNAEVE only collects your Personal Information to conduct their business and to enable us to deliver and improve our services. NYNAEVE do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Contents"), is a third party user generated content and NYNAEVE has no control over such third party user generated content as NYNAEVE is merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content
Any web sites that are accessible via links included within the NYNAEVE platforms that take you out of the platforms are not under NYNAEVE ’s control and nynaeve.in shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any website you visit.
- TERMINATION
These Terms will remain in full force and effect while You are a User of any NYNAEVE platform. NYNAEVE reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the NYNAEVE platform and immediate termination of Your registration with or ability to access the NYNAEVE platforms and/or any other services provided to You by NYNAEVE , upon any breach by You of these Terms or if NYNAEVE is unable to verify or authenticate any information You submit towards NYNAEVE registration. Even after You are no longer a User of the NYNAEVE , Terms of use of these Terms & Conditions will remain in effect, including any other reasonable term that the NYNAEVE may think fit.
- INDEMNIFICATION
The User shall at all times defend, indemnify, and hold harmless NYNAEVE , its officers, employees, and agents from and against all losses, costs, damages and expenses (including legal fees and costs), claims, suits, proceedings, demands and liabilities of any kind or nature to the extent arising out of or resulting from acts or omissions of NYNAEVE or its employees, officers, agents or subcontractors. This indemnity shall survive the expiration or termination of this Agreement.
- WAIVER
Neither party shall be deemed by mere lapse of time (without giving notice or taking other action hereunder) to have waived any breach by the other party of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. If the seller breaches these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- FORCE MAJEURE
Any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. If either Party is prevented from or delayed in performing any of its obligations under this Agreement by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within Fifteen (15) days after the occurrence of such event. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this Agreement for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
- JURISDICTION
Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by Arbitration in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall be composed of one Arbitrator appointed by NYNAEVE . The place of Arbitration shall be at Ahmedabad, Gujarat. The Arbitral procedure shall be conducted in English language and the award/s shall be rendered in English. The procedural Law of the Arbitration shall be Indian Law. The award of the Arbitral Tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and the Agreement shall be subject to the exclusive Jurisdiction of the Courts at Ahmedabad, Gujarat.
- ENTIRETY
This entire agreement between the Parties shall supersede all prior agreements and understandings, if any, relating to the subject matter of this Agreement.
- ALTERATION OR AMENDMENTS TO THE TERMS & CONDITIONS
NYNAEVE reserves the right to make changes to the policies, and these terms & conditions at any time. You will be subject to the policies and terms & conditions in force at the time, unless any change to those policies or these conditions is required to be made by Law or Government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- CONTACT
User may contact Ddovs enterprises in case of any queries/claims relating to the Platforms or sale and purchase services provided by NYNAEVE by filling up the necessary form uploaded on the NYNAEVE platform and one of our team members will revert within 48 working hours to assist you in resolving the problem.