Welcome to the www.niayaa.com website. This website is owned and operated by the NIAYAA CRAFTLOOM (OPC) PRIVATE LIMITED. We use the terms “we”, “our”, “us” throughout our terms and conditions to refer to the Niayaa Craftloom (OPC) Private Limited.  

These General Terms and Conditions of Sale apply to any products you purchase from our website and any orders from Your Clothing that you place through our website.

By using this website www.niayaa.com, you agree to be and are bound by these Terms and other applicable policies. We reserve the right to change these Terms from time to time, so we advise you to read through them each time that you use the site. If you purchase a product from our site, our Terms and Conditions of Sale will apply to your purchase. If you do not agree with these terms and conditions, you should not use our website

You must read these terms and conditions carefully. When placing an order through the website, you will be asked to confirm that you have read, understood and agree to the terms and conditions in their entirety. If you do not agree to these, you must not order any product(s)through the website.

CONTRACT

 The agreement between us and you for the sale and supply of products. The agreement between us and you only to use of the website. The Terms of use applicable to only Users of the website. Use of Website not applicable to a person below 18 years of age. The person should be competent to contract as per Indian Contract Act, 1872.   

COOKIES

Small text files which are placed by our websites on your computer hard drive to identify your computer and to store information about your session on our website.

PERSONAL INFORMATION

Details provided by you to us.

PRODUCT DESCRIPTION 

Where details of individual products are provided, and details of any special conditions that apply to particular products are displayed.

USERS 

 Means users of our websites collectively

WE / OUR / US

 Means your Clothing or any of our registered trading names.

WEBSITE

 Means users of our websites collectively.

YOU / YOUR 

 Refers to you as a customer.

YOUR ACCOUNT

 If you use www.niayaa.com website, it is your responsibility to ensure the confidentiality of your account and password and that no unauthorised persons have access to them. In using our website, you agree to accept responsibility for all activities that occur under your account or password. If you believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately. We shall not be liable to any person for any loss or damage that may arise as a result of your failure to keep your password and account protected.

 Please ensure that your personal details are up-to-date and inform us immediately of any changes to the information that you provided when registering.

 We reserve the right to refuse access to our website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, you will not be charged.

WEBSITE ACCURACY

 We endeavour to make reasonable efforts to update our website with the most accurate and most reliable information at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors, or inaccuracies and in this case, we make no representation or warranty, and offer no guarantees either express or implied that the content on our site is accurate, complete or up to date. Any errors are wholly unintentional, and we apologise if erroneous information is reflected in price or availability.

We try to ensure that all pricing on the website is accurate, however occasionally errors can occur, and goods may show incorrect pricing or availability information. If we discover that a pricing or availability error has been made, we reserve the right to suspend your order and contact you to ask whether you wish to continue with the order at the correct price or when an item becomes available. We will not be obliged to supply goods at the incorrect price. We reserve the right to amend errors or to update product information at any time without prior notice.

All reasonable effort has been taken to display garment colours accurately, we cannot guarantee that your monitor’s display will accurately reflect this. We cannot be held responsible for any limitations of the equipment you use to view our site and cannot guarantee that your equipment’s display of any colour, texture, or detail of merchandise will be accurate/the same as the actual product.

TERMINATION

These Terms are effective until terminated by Niayaa craftloom (niayaa.com), who can terminate these Terms at any time without notice, for any reason in connection with the website. In the event of termination, access the site is no longer authorised to you. The restrictions around Content, User Content, disclaimers, warranties and liabilities shall survive termination.

ELECTRONIC COMMUNICATIONS

When you visit niayaa.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

   GENERAL TERMS AND CONDITIONS OF SALE

  1. NIAYAA CRAFTLOOM (NIAYAA.COM) guarantees to provide a genuine product to customers through niayya.com
  1. Pricing

Products Pricing are described on our Website as per product, Size and Brands. Prices are in Indian rupees for India market. Prices, products and Services may change at the discretion of Niayaa Craftloom (niayaa.com). Prices may vary for different geographies and this is at the discretion of the brand.

  1. Payment Protection Policy 

As a part of our Payment Protection Policy, Niayaa Craftloom (niayaa.com) protects against the fraudulent use of Credit/Debit cards and all the online transaction are secured. Customers’ Personal Data is kept confidential. If for any reason, there is a problem with collecting payment from your Credit/Debit cards or any other payment method after we have confirmed receipt of your order, we will not be obliged to dispatch your order.

 Damaged or Incorrectly Supplied Products 

  • You are responsible for checking all the products you ordered are received correctly against your order.
  • You must note the details of any damage or error in supply on the delivery documentation, upon delivery of your order. If you are unable to view the items upon receiving them, you must inform us within 48 Hours.
  • After informing us that the products are damaged or have been incorrectly supplied, you must return them to us as soon as possible.
  • We may offer you a replacement product and any refunds given by us will be made to the payment method used when you placed your order. Offered refunds will be subject to our right to withhold amounts for products which are damaged on return.
  1. Right to Cancel Order 

If you wish to cancel an order, you have the right to cancel your order within 2 days from your order. Due to an order being dispatched promptly, we are unable to cancel the orders after you have order confirmation.

  1. Changes to an Order

Any changes to your order must be informed to us prior to dispatch. Any amendments or Changes in order may lead to changes to your delivery time.

  1. We will make every effort to deliver your product in a reasonable time. If the delay or failure arises from any cause which is beyond our reasonable control in such case niayaa craftloom (niayaa.com) shall be under no liability for such delay or failure.
  1. Delivery

Timescale and Charges of delivery depending on the type of product ordered, address and other causes not specified. When the products are delivered to the delivery address specified in your order, all risk including of loss or damage to the products shall pass to you.

LEGAL TERMS

  1. Liability Exclusions
  • We exclude all representations, warranties, conditions and terms, whether express or implied to the fullest extent permitted by law.
  • We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms and conditions or your use of the website.
  • These exclusions shall be governed by and construed in accordance with Indian law. If any provision of these disclaimers and exclusions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
  • Nothing in these terms and conditions shall limit or exclude our liability for personal injury or death caused by our negligence or for fraud.
  1. Severability

If any of these terms and conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these terms and conditions shall remain in full force and effect.

  1. Entire Agreement

Any matter that arises out of your use of this website (including any contract entered between you and us through the website) shall be governed in accordance with the laws of India and any disputes shall be subject to the exclusive jurisdiction of the courts of Nagpur, Maharashtra. All contracts shall be concluded in English.

  1. Dispute Settlement, Governing Law, Jurisdiction and Language

All claims, dispute, differences or questions of any nature arising with respect to these Terms and Conditions, whether  during or after the termination of these Terms and Conditions, in relation to the construction, meaning or interpretation of any terms used or clause of these Terms and Conditions or as to rights, duties, liabilities of the parties to the contract arising out of these Terms and Conditions, shall be referred to the arbitrator appointed by Niayaa craftloom (niayaa.com) Craftloom (OPC) Private Limited. The parties to the contract mutually agree and confirm that the arbitration proceedings shall be conducted in accordance with Arbitration and Conciliation Act, 1996 as amended from time to time and the proceedings shall be held at Nagpur and shall be conducted in Hindi or English. These Terms and Conditions shall be governed by and construed in accordance with the laws of India. The Court in Nagpur shall have non-exclusive jurisdiction over any matter(s) arising out of relating to these Terms and Conditions and/or any transactions contemplated herein. Provided, however, that nothing contained herein shall affect the rights of Niayaa craftloom (niayaa.com) Craftloom (OPC) Private Limited to commence legal proceedings or otherwise proceed against the customer(s) in any other jurisdiction.

  1. Indemnity

You agree to indemnify, defend and hold harmless Niayaa craftloom (niayaa.com), its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content/content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

Niayaa craftloom (niayaa.com) may notify You of any claims which You shall be liable to indemnify Niayaa craftloom (niayaa.com) against. You will then be required to consult with Niayaa craftloom (niayaa.com) regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Niayaa craftloom (niayaa.com) without the express prior written consent of Niayaa craftloom (niayaa.com) which can be withheld or denied or conditioned by Niayaa craftloom (niayaa.com) in its sole discretion.

Notwithstanding anything to contrary in the Agreement(s), in no event shall Niayaa craftloom (niayaa.com) , its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Niayaa craftloom (niayaa.com)  has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

  1. Changes to these Conditions

We reserve the right to change and update these terms and conditions from time to time and recommend that you revisit this page regularly to keep informed of the current terms and conditions that apply to your use of the website. By continuing to access, browse and use this website, you will be deemed to have agreed to any changes or updates to our terms and conditions

  1. Privacy and Cookie Policies

Our Privacy Policy and Cookie Policy explain what personal information we collect about you when you use the website. You can view our Privacy Policy and Cookie Policy here (/privacy-policy). Please note that when you agree to these terms and conditions you shall be deemed also to have read and understood our Privacy Policy and Cookie Policy in their entirety.

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