Physical Goods Marketplace – Terms & Conditions
Please read the following terms and conditions (“T&Cs”/”Agreement”) carefully before registering on, accessing, browsing, downloading or using the Nivikfashion E- commerce website located at Nivikfashion.com or the Nivikfashion /Nivikfashion mobile application, Nivikfashion WAP, Nivikfashion IVR or any similar platform (hereinafter collectively referred to as, the “Nivikfashion Platform”) run by Nivikfashion E-Commerce Private Limited, having its registered office at 154 ST 4 NEW VIJAY NAGAR GHAZZIABAD 201009 UP Nivikfashion E-commerce”/”Nivikfashion Shop”), on any device and/or before availing any physical goods marketplace related services offered by Nivikfashion E- commerce on the Nivikfashion Platform (hereinafter individually, “Nivikfashion Marketplace Service” and collectively, the “Nivikfashion Marketplace Services”).
The Nivikfashion Marketplace Services are not available to persons under the age of 18 (Eighteen) or to anyone previously suspended or removed by Nivikfashion E-commerce from availing the Nivikfashion Marketplace Services or accessing the Nivikfashion Platform. By accepting the T&Cs or by otherwise using the Nivikfashion Marketplace Services on the Nivikfashion Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by Nivikfashion E-commerce, or disqualified for any other reason, from availing the Nivikfashion Marketplace Services or using the Nivikfashion Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Nivikfashion E-commerce reserves the right to suspend or permanently prevent you from availing Nivikfashion Marketplace Services or using the Nivikfashion Platform.
B. Nivikfashion Marketplace Terms and Conditions
The T&Cs in relation to the online marketplace service on the Nivikfashion Platform set out below are applicable to and binding on you in conjunction with the general T&Cs and the SSOID terms and conditions already accepted by you. Each T&C or the SSOID term or condition is applicable to and binding on you, or any of your activities on the Nivikfashion Platform, even if such term or condition is not specifically reproduced herein below. The terms ‘Agreement’ or ‘T&Cs’ mentioned here includes the terms and conditions in relation to the marketplace set out below, the SSOID terms and conditions, and other service-specific terms and conditions in relation to Nivikfashion Marketplace Services or Nivikfashion Platform.
Nivikfashion E-commerce is the provider of online marketplace service, where branded merchandises are displayed online by the various registered merchants (hereinafter “Merchant” or “Merchants”) for sale and you can purchase the same, subject to the Marketplace Terms as well as T&Cs in general. Nivikfashion E-commerce offers the online marketplace service to you through various modes including issue of coupons & vouchers and through various websites accessible through the Nivikfashion Platform. The actual contract for sale is directly between the Merchant and you. Nivikfashion E-commerce provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Nivikfashion E-commerce may help facilitate the resolution of disputes through various modes. Nivikfashion E-commerce has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. Nivikfashion E-commerce does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does Nivikfashion E-commerce, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online market place service, you explicitly agree and acknowledge that:
Nivikfashion E-commerce, through the Nivikfashion Platform also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Nivikfashion E- commerce is a facilitator and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
Nivikfashion E-commerce may offer delivery services through its logistics/courier partners for some of the products on the Nivikfashion Platform as per Nivikfashion E- commerce’s T&Cs, which may be changed by Nivikfashion E-commerce without any notice to you.
Nivikfashion E-commerce is not a warrantor of the products/ services being offered on the Nivikfashion Platform by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and you agree to handle such issues and disputes directly between you and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that Nivikfashion E-commerce gives no warrantee/guarantee, either express or implied, regarding the product bought by you or for the use or availability of online marketplace service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
The price of products offered on the Nivikfashion Platform is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Nivikfashion Ecommerce does not either directly or indirectly influence the price of the products offered by the Merchant partner. Nivikfashion E-commerce is not liable for any manufacturing defect, faulty product received, warranty claims, after sales service for any of the products purchased on the Nivikfashion Platform. Nivikfashion E-commerce is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Nivikfashion E-commerce will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
The Nivikfashion Platform makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter “Third Party Content”). Similar Third Party Content would also be available to you on the email received by you from Nivikfashion E-commerce. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. Nivikfashion E-commerce does not provide any guarantee with respect to any of the Third Party Content and Nivikfashion E-commerce shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
a. Cancellation by Nivikfashion E-commerce: There may be certain orders that Nivikfashion E-commerce’ Merchant partners are unable to accept and service and these may need to be cancelled. Some situations that may result in your order being cancelled include, non-availability of the product or quantities ordered by you, non- availability of the delivery service in the address to which product is required to be shipped, inaccuracies or errors in pricing information specified by our Merchant partners, problems identified by Nivikfashion E-commerce’s credit and fraud avoidance department or due to any major technical snag. Nivikfashion E- commerce may also require additional verifications or information before accepting any order. Nivikfashion E-commerce will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card or bank account has been charged, the said amount will be reversed back in your credit card / bank account. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Nivikfashion E-commerce.
b. Cancellation by the customer: In case of requests for order cancellations, Nivikfashion E-commerce reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Nivikfashion E-commerce receives a cancellation notice and the order has not been processed/ approved by Nivikfashion E- commerce, Nivikfashion E-commerce shall cancel the order and refund the entire amount to you instantly. Nivikfashion E-commerce will not be able to cancel orders that have already been partially or fully processed. Nivikfashion E-commerce has the full right to decide whether an order has been processed or not or whether an order has been partially or fully processed. You agree not to dispute the decision made by Nivikfashion E- commerce and accept Nivikfashion E-commerce’s decision regarding the cancellation. In cases where it is not possible to cancel orders since they have already been shipped, refund shall be made subject to the return process post return request is raised and you would get replacement or refund once the original item is back with the Merchant partner in good sale-able condition.
Nivikfashion E-commerce reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Nivikfashion E-commerce as per certain criteria. Any Nivikfashion E-commerce promo code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with any of the below mentioned criteria, which includes but is not limited to:
a. Products ordered are not for self-consumption but for commercial resale;
b. Multiple orders placed for same product at the same address;
c. Bulk quantity of the same product ordered;
d. Invalid address given in order details; or
e. Any malpractice used to place the order.
Promo codes shall be subject to specific terms and conditions, from time to time, and Nivikfashion E-commerce may disallow usage which breaches such terms and conditions.
Delivery of the Product: Your shipping address and pin code will be verified with the database of Nivikfashion E-commerce for delivery serviceability before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics partners or the Merchant or the area is not covered, we would request you to provide us with an alternate shipping address which we expect to have on our partner/Merchant’s delivery list. In case there is any dispute regarding the shipment of the product or services for the area not covered by Nivikfashion E-commerce, in such cases Nivikfashion E-commerce will not be responsible for the non-delivery of the product. In case you book multiple orders for the products and services in one transaction, Nivikfashion E-commerce would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistical issues. If you purchase multiple products in single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the delivery addresses. Products shall be delivered by the Courier Partner at the address given by the customer while making the purchase and Nivikfashion E-Commerce shall be not be held responsible in case the address shared was incorrect.
a. In the event you receive a damaged / defective product or a product that does not comply with the specifications as per your original order, you are required to get in touch with the customer service team.
b. Upon receiving your complaint, Nivikfashion E-commerce shall verify the authenticity and the nature of the complaint. If Nivikfashion E-commerce is convinced that the complaint is genuine, Nivikfashion E-commerce will inform the relevant Merchant of such complaint and request for a replacement. However, in the event of frivolous and unjustified complaints regarding the quality and content of the products, other than not requesting the Merchant for a replacement, Nivikfashion E- commerce reserves the right to pursue necessary legal actions against you and you will be solely liable for all costs incurred by Nivikfashion E- commerce in this regard. You expressly acknowledge that the Merchant selling the defective product/ service will be solely responsible to you for any claims that you may have in relation to such defective product/ service and Nivikfashion E-commerce shall not in any manner be held liable for the same.
c. Before accepting shipment of any product, kindly ensure that the product’s packaging is not damaged or tampered. If you observe that the package is damaged or tampered, Nivikfashion E-commerce requests you to refuse to accept delivery and inform Nivikfashion E-commerce at the earliest. The return process of the product may be restricted by Nivikfashion E-commerce depending on the nature and category of the product.
d. In order to return any products sold through the Nivikfashion Platform, you are required to comply with the following conditions:
i. For non-damaged/ non-defective product, you shall be allowed to return the product within the time frame displayed on website at the time of purchase;
ii. Please notify Nivikfashion E-commerce of receipt of damaged/ defective product within 48-hours of delivery to you. If you are unable to do so within 48-hours, Nivikfashion E- commerce/Merchant/manufacturer/service provider shall not be held liable for the failure to replace the order;
iii. Nivikfashion E-commerce will arrange pick-up of the damaged/defective product through its own logistics partner. In the event Nivikfashion E-commerce is unable to do so, Nivikfashion E- commerce will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Nivikfashion E-commerce;
iv. Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices, etc.;
v. Nivikfashion E-commerce offers hassle-free returns to simplify returns for buyers and sellers. The cost of return shipping for an item that is not properly described is the Merchant or seller’s responsibility. If applicable, you also authorize Nivikfashion E- commerce to place the return shipping costs on your invoice;
vi. It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
vii. The returned products are subject to verification and checks by Nivikfashion E-commerce in order to determine the legitimacy of the complaint/ return;
viii. In the event the return of a product is duly accepted by Nivikfashion E-commerce, the value of such product, as originally paid by you during acceptance of delivery of product or otherwise, as adjusted with any credits/discount/offers, will be refunded to you. Refund will be processed based on the mode of payment and Nivikfashion E-commerce will credit your refunds directly into Nivikfashion Wallet account/source of payment. Refunds will be subject to the following:
a. Orders paid online will be refunded instantly through the Nivikfashion Wallet/source of payment;
b. For Cash on Delivery payments also the amount will be refunded into your Nivikfashion Wallet/source of payment;
c. You can trigger a request in your Nivikfashion Wallet to transfer the money from your Nivikfashion Wallet to your bank account, subject to any applicable terms. It will take 3-21 working days for the money to show in your bank account depending on your bank’s policy. If for any reasons, amounts cannot be returned to your wallet, they will be returned through other modes, subject to you providing the necessary information and cooperation, to Nivikfashion E-commerce.
ix. A promo code, once used, shall not be refunded in case of cancellation of order either by you or Nivikfashion E-commerce.
By accepting the Marketplace Terms here and the T&Cs in general, you accept that Nivikfashion E-commerce may send the alerts to the mobile phone number/ email address provided by you at the time of registering for the Nivikfashion Marketplace Service/Nivikfashion Platform or to any such number/e-mail address replaced and informed by you subsequently.
Content: Content on the Nivikfashion Platform is displayed on “AS IS” basis, in the form received from the Merchants. While Nivikfashion E-commerce tries to offer reliable data, Nivikfashion E-commerce cannot promise that the catalogues will always be accurate and up-to- date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
Limitation of liability and waiver: In no event, Nivikfashion E-commerce or its affiliates will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement/T&C; (ii) the SSOID Agreement; (iii) the Nivikfashion Marketplace Services, the Nivikfashion Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Nivikfashion Marketplace Services, the Nivikfashion Platform (including any and all materials) or any reference sites/app/platform/service, even if Nivikfashion E-commerce or a Nivikfashion E-commerce authorized representative has been advised of the possibility of such damages. In no event, Nivikfashion E-commerce or any of its affiliates will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the SSOID Agreement; (iii) the Nivikfashion Marketplace Services, the Nivikfashion Platform or any reference site/app/platform/service; or (iv) your use or inability to use the Nivikfashion Marketplace Services, the Nivikfashion Platform (including any and all materials) or any reference sites/app/platform/service; or (v) any other interactions with Nivikfashion E-commerce, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by you, if any, for using the portion of the Nivikfashion Marketplace Service or the Nivikfashion Platform giving rise to the cause of action, or beyond or in excess Rs. 5,000/- (Rupees Five Thousand only), whichever is less. You acknowledge and agree that Nivikfashion E-commerce has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Nivikfashion E-commerce, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Nivikfashion E-commerce. Nivikfashion E-commerce would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, Nivikfashion E-commerce’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, SSOID terms and the Marketplace Terms.
Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any Nivikfashion Marketplace Service or the Nivikfashion Platform, including any question regarding the existence, validity or termination of this Agreement or T&Cs or the Marketplace Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Nivikfashion E- commerce may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Nivikfashion E-commerce in accordance with the Act. The seat of the arbitration shall be Ghaziabad and the language of this arbitration shall be English. Either you or Nivikfashion E-commerce may seek any interim or preliminary relief from a court of competent jurisdiction in New Delhi necessary to protect the rights or the property belonging to you or Nivikfashion E- commerce (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor Nivikfashion E-commerce may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and Nivikfashion E-commerce. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs or the Marketplace Terms.
Jurisdiction: Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Nivikfashion E-commerce must be resolved by a court having jurisdiction in New Delhi, India. You agree to submit to the personal jurisdiction of the courts located within New Delhi, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
C. Assignment; Restrictions on Information Sharing; Privacy applicable to Marketplace Terms
i. This Agreement, including these T&Cs, the Marketplace Terms and any rights granted here, may not be transferred or assigned by you without Nivikfashion E- commerce’s prior written consent which may be withheld in Nivikfashion E-commerce’s sole discretion, but this Agreement, including these T&Cs, the Marketplace Terms and any rights granted hereunder may be assigned by Nivikfashion E-commerce freely (including to its Affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
iii. At times Nivikfashion E-commerce or its affiliates may make certain personal information available to affiliates and strategic partners that work with Nivikfashion E- commerce to provide products and services, or that help Nivikfashion E-commerce market to customers. Personal information will only be shared by Nivikfashion E- commerce to provide or improve Nivikfashion E-commerce’s products, services and advertising, in will be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. You hereby provide your consent for the abovementioned activities.
iv. Nivikfashion E-commerce, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in Nivikfashion E-commerce’s products and services, offering any products or services from any Nivikfashion Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable laws.
v. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for Nivikfashion E-commerce to disclose your personal information. Nivikfashion E-commerce may also disclose information about you if Nivikfashion E-commerce determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
vi. Nivikfashion E-commerce may also disclose information about you if Nivikfashion E- commerce determines that disclosure is reasonably necessary to enforce the T&Cs or protect Nivikfashion E-commerce’s operations or customers. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of Nivikfashion E- commerce’s business or products or services offered through any Nivikfashion Platform to any persons (including any affiliates), Nivikfashion E-commerce may transfer any and all personal information that Nivikfashion E-commerce collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees.
vii. For the purposes of these T&Cs, the term “affiliates” means and includes: (a) any company which is the holding company (as defined in the Companies Act, 2013), subsidiary company (as defined in the Companies Act, 2013) or associate company (as defined in the Companies Act, 2013) of PEPL; (b) a person under the control of or under common control with Nivikfashion E-commerce; or (c) any company, who is an associate company (as defined in the Companies Act, 2013) of the first company, or if more than 50% of the share capital of such company (calculated on a fully diluted basis) is held by the same shareholders who own more than 50% of the share capital of Nivikfashion E-commerce (calculated on a fully diluted basis).
viii. For the purpose of this definition of an “affiliate”, “control” together with its grammatical variations when used with respect to any person (including Nivikfashion E- commerce), means the power to direct the management and policies of such person, directly or indirectly, whether through the ownership of the voting securities, by contract or otherwise howsoever; and a “person” means a company, corporation, a partnership, trust or any other entity or organisation or other body whatsoever.
Any Cashback (subject to terms and conditions therein) for sale of physical goods on Nivikfashion Platform is being extended by One97 Communications Limited (“One97”) for using “Nivikfashion Payments” on marketplace run and operated by Nivikfashion E-Commerce. Cashback can be used to pay for anything on Merchants accepting “Nivikfashion payments” platform.
Disclaimer: Nivikfashion cash used in Nivikfashion Wallet is a semi closed payment instrument and may be used for the purchase of third party products or may be transferred to the person’s bank account.
Any Nivik (subject to terms and conditions therein) is being extended by Nivik fashion for using “Nivikfashion Payments” on marketplace run and operated by Nivikfashion E-Commerce. For details and FAQ on Nivikfashion Gold, please visit – https://Nivikfashion.com/care
F. Quick Response (“QR”) Code based sales through Merchant’s brick and mortar stores (“Stores”)
- Order processing mechanism:
i. Customer physically visiting the Store will choose the product and scan the QR code through ‘Nivikfashion Shop’ mobile application to initiate the sale transaction.
ii. Customer shall apply the promo code as displayed to the Customer on Nivikfashion mobile application upon his/her choice of this payment method, on the Platform and on successful application of the same, the Customer will get a pick up code.
iii. Merchant shall confirm the pick up code with the Customer.
iv. Merchant shall physically deliver the product to the Customer by hand together with invoice. There will be no role of Nivikfashion E-Commerce or any courier partner.
- Customer shall have the option of making the payments for such products through wallet/Payment Gateway/Cash.
- Merchant shall complete the sale transaction upto full satisfaction of the customer and Nivikfashion Ecommerce shall not be liable or responsible at all.
- In cases of sales through QR code, products will be non-returnable, non- cancelable through Nivikfashion Platform and all Customer’s concerns/queries/disputes like non- delivery/return/refund/replacement/repair/exchange/warranty/guarantee/us age etc. shall be resolved by the Merchant directly with the Customer. Nivikfashion Ecommerce shall not be held liable in any case.
- It shall be the responsibility of the Merchant to make the Customer aware of its various applicable policies like return/refund/replacement/repair/exchange/warranty/guarantee/usage etc. and also to make the same as part of the invoice.
NOTE: Nivikfashion Ecommerce reserves the right to modify these T&Cs from time to time, with or without notice of the same. Hence, you are requested to keep yourself updated for any change in T&Cs.