Terms & Conditions

TERMS OF USE

INTRODUCTION

  • This website, i.e. [nenepal.com] is operated by NeNepal Design Private Limited (“Ne Nepal” or “we” or “us” or “our/s”), a company incorporated and existing under the Companies Act, 2013 and having its registered office at [701, Stanford junction, S V road, C D Barfiwala Marg, Andheri West, Mumbai – 400058.] for providing selling products that are native to Nepal.
  • These terms of use (“Terms”) govern the terms of usage of our Website. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.
  • These Terms are applicable for the Website.
  • The headings used in these Terms are for convenience purpose only and will not limit or otherwise affect these Terms.

GENERAL

You can determine when these Terms were last revised by referring to the date at the top of these Terms. Ne Nepal reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did Ne Nepal induce or invite or solicit you to visit our Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of Ne Nepal.

ELIGIBILITY AND CONSENT

  • By accessing the Website, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to be bound by these Terms including the additional terms and conditions and policies referred to herein.
  • These Terms apply to all Users of the Website, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
  • If the Users are minors, i.e. under the age of 18 (eighteen) years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms.
  • It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

USE OF WEBSITE

  • Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use.

WEBSITE:

  • The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
  • The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
  • The contents of the Website is best viewed with the latest version of Adobe Flash Player. Ne Nepal’s Website is compatible only with the above-mentioned software or programmes. Ne Nepal shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Ne Nepal or those instruments that may be purchased from any third-party which are not compatible with the Ne Nepal’s Website.
  • Further, Ne Nepal reserves the right to upgrade its Website from time to time to provide its service in the best possible manner.
  • Third-Party Links:
  • The Website may contain links to websites or applications offered by third parties (“Third-Party Sites”). We don’t control or promote Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or service linked to or from our Website, including the information or content contained within them. Ne Nepal does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Ne Nepal of the Third-Party Sites, the Third-Party Sites’ provider, or the information on such Third-Party Sites.
  • Our Website may contain third-party content which may have opinions and views from the person. Ne Nepal shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that Ne Nepal shall not be liable and in no way be held responsible for any claims arising therefrom.
  • You hereby agree that Ne Nepal has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Ne Nepal makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that the Ne Nepal shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.
  • Your Account:
  • The User will have to register with Ne Nepal in order to access certain services or areas of the Website. With respect to any such registration, we may refuse to grant to you the User-name you request. Your User name and password are for your personal use only. 
  • It shall be the sole responsibility of the User to maintain the confidentiality of their account, password, and to prevent unauthorized access.
  • In furtherance to the foregoing, any User who wishes to modify the details of his/her account can do so by clicking on the ‘Your Account’ section on the Website.
  • The User acknowledges that they are using their account only for the purpose of placing orders of the products available on our Website.

    MODE OF PAYMENT
  • Payment for the products available on the Website may be made by availing any of the following options (“Payment Methods”):
  • Payments can be made by Credit Card/Debit Card/Paypal/Net Banking/UPI/Ne Nepal Wallet/ Gift Cards.
  • Credit Card, Debit Card, UPI and Net banking payment options are recommended to ensure faster processing of your order.
  • Cash on delivery option is not available for any products available on the Website.
  • The User understands that the User may incur certain fees or charges on such payment methods.
  • Ne Nepal processes such payments through trusted and secured third party payment gateways to ensure safety of the transaction however, the User acknowledges that Ne Nepal uses a third-party transaction partner and hence shall not be held liable for any misuse, error or transaction related issues.
  • While availing any of the Payment Methods on the Website, we will not be responsible, whatsoever in any respect of any loss or damage arising to you directly or indirectly due to:
  • Lack of authorization for any transaction;
  • Any payment issues arising out of the transactions; and/or
  • Decline of transaction for any other reasons.
  • The User accepts and agrees that the payment facility provided by Ne Nepal is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.

 TRANSACTIONS

  • User Transactions
  • If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including but not limited to, your payment details (such as your payment card number and expiration date), billing address, and shipping information.
  • By submitting such information, you grant to Ne Nepal the right to provide such information to third parties for purposes of facilitating the completion of Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. 
  • All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website is subject to change at any time without notice.
  • Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.
  • The inclusion of any products on the Website does not imply or warrant that these products will be available in stock at all times for purchase.
  • It is your responsibility to provide current, complete and accurate purchase and account information for all purchases made on the Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates.
  • It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased from our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
  • Ne Nepal reserves the right, with or without prior notice, to do any one or more of the following:
  1. Limit the available quantity of or discontinue any product;
  2. Impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion;
  3. Bar any User from making or completing any or all Transaction(s); and/or
  4. Refuse to provide any User with any product.
  • You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including but not limited to all shipping and handling charges, taxes.
  • Ne Nepal or our agents may call or message regarding your account or Transaction(s). You agree that we may place such calls or messages using an automatic dialling/announcing device. You agree that we may make such calls or messages to a mobile or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us through our customer service facility.

 Limitations on Quantity

  • Ne Nepal does not offer additional discounts on large orders of a single product or multiple products at all times. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Ne Nepal reserves the right to prohibit purchases of any products to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
  • However, a User may order products in bulk by availing the “Bulk Option”. An order may qualify as bulk order if the quantity of each product exceeds 10 (Ten) units.

  • Colours
  • Ne Nepal strives to display as accurately as possible the colours of the products shown on the Website; however, Ne Nepal cannot and does not guarantee that your monitor’s display of any colour will be accurate.
  • Availability, Errors & Inaccuracies
  • Ne Nepal’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of a product has been confirmed. Ne Nepal makes a conscientious effort to describe and display its products accurately on the Website. Despite these efforts, a small number of products on the Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability.
  • Ne Nepal reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
  • Ne Nepal does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations and Ne Nepal is under no obligation to rectify the errors in its products or services.

 Healthcare Information

  • The information contained in the products assuring any health benefit is intended for educational purposes only. It is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. Talk to your doctor before taking any products. Only your doctor can provide you with advice on what is safe and effective for you.
  • Rules for Promotions
  • Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Website may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for any Promotion is in conflict with these Terms, the Promotion’s rules will apply.
  • Text Messages
  • Your carrier’s standard message rates will apply to your entry or submission message, Ne Nepal’s confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.
  • Ne Nepal will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
  • Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Ne Nepal as part of this service. Ne Nepal may use this information to contact you and provide products you request from Ne Nepal. Ne Nepal may also use this information as described in the subscription list you’ve enrolled in. Ne Nepal may use an automatic dialling system to deliver text messages to you.

RETURN AND REFUND

  • If you are not fully satisfied with your purchase of products sold by Ne Nepal, you may return it in accordance with our “Return and Refund Policy” available on our Website.
CANCELLATION

     You can cancel your order within [48] hours after placing the order provided the product has not been dispatched. Please note that there may be a delay between the product’s dispatch and the delivery of dispatch confirmation e-mail to you. Ne Nepal’s decision shall be final regarding the question of whether any ordered product has been dispatched prior to the cancellation of your order.

    CONTENT

    Ne Nepal provides content on its Website which may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

    PRICING INFORMATION

    • Ne Nepal strives to provide accurate and correct information at all times. However, sometimes errors may occur.
    • Ne Nepal can only confirm the actual price of the order once the order is placed.
    • Notwithstanding Clause 8 (Cancellation), we hold the right to cancel your order if the price of the product and/or product information is inaccurately listed due to some technical error. However, this Clause 10.3 would not apply in case the order has already been delivered.
    • In the event, where the price of the product and/or product information has been wrongly listed, Ne Nepal will first contact you for instructions and only upon your explicit instruction to process the order, will Ne Nepal deliver the order. In all other cases such an order shall be deemed to be not received.
    • Further, if we cancel the order and the payment for such order has already been made then such amount will be credited back to the source subject to the Return and Refund Policy of the Company.
    • Upon our sole discretion we may cease or discontinue listing a product on our Website. Further, we may also change the price and/or any other information about the product. Any such change may not be notified or intimated to you.

    CHAT FUNCTION

    • We provide chat functionality to our Users, wherein the User can direct their queries to us via our WhatsApp business number.
    • We generally reply to the said query within 24 (twenty-four) hours. However, delays may occur.
    • Any use of the chat functionality shall be subject to the following conditions:
    • We may suspend the chat functionality without any prior notice;
    • We or our executives are not responsible for any delay caused in replying to the queries via chat functionality;
    • While using the chat functionality, you may not communicate anything threatening, unlawful, defamatory, obscene information or anything which may be in breach of the Terms;
    • The chat room shall not be used for any forms of solicitation; and 
    • you may chat with our customer care executive only if you agree to the said Terms.
    MISCELLANEOUS
    • Risk of loss

    Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery by the carrier.

    • Jurisdictional Issues
    • The Website is controlled and operated by Ne Nepal from Mumbai, and is not intended to subject Ne Nepal to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

    INTELLECTUAL PROPERTY

    Unless otherwise specifically mentioned in these Terms, in addition to the content, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. Our name and logo is our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations.

     DELETING YOUR ACCOUNT

    • Ne Nepal reserves the right to delete your account in case you are found in violation of the Terms.
    • Ne Nepal will not be responsible for any losses arising out of such termination of account.

     CONDUCT OF THE USERS

    • You hereby agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
    • Infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
    • contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
    • is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
    • provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
    • engages in commercial activities without Ne Nepal’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
    • interferes with another Users use and enjoyment of the Website;
    • You may not decompile, reverse engineer, or disassemble the contents of the Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.
    • You will not (a) use the Website for commercial purposes of any kind, or (b) advertise or sell domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website in any way that is unlawful, or harms Ne Nepal or any of their Representatives. (as defined below)

    CONFIDENTIALITY

    As elaborated under the Privacy Policy, Ne Nepal will keep all confidential confidential, which shall include your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Ne Nepal acknowledges that its employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Ne Nepal shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of the terms of confidentiality.

    PROPRIETARY RIGHTS 

    The Website is protected by copyright laws as well as other intellectual property laws as applicable. Ne Nepal and its licensors shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.

    PRIVACY POLICY 

    The Users agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Website and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal and non-personal information by Ne Nepal in accordance with the terms of as set forth in the Privacy Policy. 

    INDEMNIFICATION 

    You agree to indemnify and hold harmless Ne Nepal, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their Representatives, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third-party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third-party. 

    FEEDBACK AND SURVEYS

     Any feedback you provide on the Website regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Website shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Ne Nepal is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Ne Nepal for the feedback or survey data under any circumstances, unless specified. 

    ASSIGNMENT

     Ne Nepal reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party. 

    TERMINATION

    • These Terms are effective unless and until terminated by either you or Ne Nepal.
    • You may terminate the Terms at any time, provided that you discontinue any further use of the Website. Ne Nepal may terminate the Terms at any time and may do so without any prior notice.

    DISCLAIMER OF WARRANTIES

    The service and all information, content, and materials on or otherwise made available to the user through the website are provided by Ne Nepal on an "As is," "As available" basis, without representations or warranties of any kind. Ne Nepal makes no representations or warranties of any kind, express or implied, as to the operation of the service, the accuracy or completeness of the contents, and the accuracy of the information. Ne Nepal shall have no responsibility for any damage to your devices or loss of data that results from the download of any content, materials, document, or information. The user expressly agrees that the use of the service is at the user’s sole risk. Ne Nepal will not be liable for any damages of any kind arising from the use of the website or the contents including, without limitation, direct, indirect, punitive, and consequential damages, unless otherwise specified in writing. To the full extent permitted by law, Ne Nepal disclaims any and all representations and warranties with respect to the website and its contents, whether express or implied, including, without limitation, warranties of title and fitness for a particular purpose or use.
     

    LIMITATION OF LIABILITY

    In no event shall Ne nepal, or its representatives be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any
    (I) errors, mistakes, or inaccuracies of content;
    (ii) personal injury or property damage, of any nature whatsoever, resulting from the user’s access to and use of the website;
    (iii) any unauthorised access to or use of the secure servers and/or any and all personal and/or business and/or financial information stored therein;
    (iv) any interruption or cessation of transmission to or from the website;
    (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third-party; and/or
    (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Ne nepal is advised of the possibility of such damages. Subject to the above and notwithstanding anything to the contrary contained in these terms, the maximum aggregate liability (whether in contract, tort (including negligence), or equity) of Ne Nepal vis-à-vis any employer, regardless of the form of claim, shall be limited to the aggregate of any fees/amount paid by the user to Ne Nepal. The foregoing limitations of liability will apply notwithstanding the failure of the essential purpose of any limited remedy herein.

    SEVERABILITY AND WAIVER

    These Terms, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between you and Ne Nepal with respect to the Website as entailed herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Ne Nepal with respect to the service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    JURISDICTION

    These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996 and any amendements thereof. The venue of arbitration shall be Mumbai, India and the language used shall be English

    GRIEVANCE REDRESSAL

    • Pursuant to the Consumer Protection (Direct Selling) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020 the Company shall acknowledge the User complaint within 48 (fourty-eight) hours of receiving such complaint and shall on a best effort basis resolve the User grievance within 1 (one) month of receiving such complaint. However, due to unforeseen circumstances such timelines may extend.
    • In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

    Address: 701, Stanford junction, S V road, C D Barfiwala Marg, Andheri West, Mumbai – 400058
    Contact: [8928895985]
    Email ID: sales@nenepal.com