Terms & Conditions

Welcome to Nitya Biswas. If you continue to browse through and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern the relationship between nityabiswas.com and you.


Nitya Biswas is the flagship brand of NI Designs, a firm based in India, owned by Nitya Mittal Biswas. Nitya Biswas is the registered trademark of NI Designs as of 2015, operating out of C-22A, Basement, Kalkaji, New Delhi-110019, India. Nitya Biswas is referred to as “NB" across various pages of the website, an abbreviation representing "Nitya Biswas".


We are registered with the Department of Trade and Taxes Government of NCT of Delhi under Delhi Value Added Tax Act, 2004. The registration no is 07226987520.


By visiting our site and/ or purchasing something from us, you agree to be bound by the following Terms and Conditions ("Terms of Service" or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including users without limitations who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most recent version of the Terms at any time on this page. We reserve the right to update, change or replace any clauses of these Terms by posting updates and/or changes to our website. The customer must check this page periodically for changes. Continuous use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide the online e-commerce platform to us that allows us to sell our products to you.



Registration



To use some of the services or features made available to you on this site you will need to register. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. We may also change requirements of registration from time to time.


The account password you provide should be unique and kept secure and you must notify Nitya Biswas immediately in any case breach of security or unauthorised use of your account.


Please refer to our note on Privacy Policy for information about how we use your data.



Online Store Terms 



By agreeing to these Terms of Service, you represent that you are at least the same age as the majority of people in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


You may not use our products for any illegal or unauthorised purpose nor may you, by using our products or features, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any antibodies or viruses or any code of an invasive and harmful type.


A breach or violation of any of the Terms will result in an immediate termination of your right to visit / use our site.



    General Conditions



    We reserve the right to refuse service to anyone for any valid reason at any time.


    You hereby understand that your content (not including the credit card information provided by you), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


    You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our designs and / or products, misuse the same, or have un-authorised access to them or to any contact on the website through which the service is provided, without express written permission by us.


    The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.



    Accuracy, Completeness and Timeliness of Information



    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and more updated sources of information. Any reliance on the material on this site is at your own risk.


    This site may contain certain historical information. Historical information, necessarily, is not current  or may not be completely authenticated and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.



    Modifications to the Service and Prices


    Prices for our products are subject to change without notice.


    We reserve the right at any time to modify or discontinue the Terms (or any part or content thereof) without notice at any time.


    We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuation of the Terms.



    Products (if applicable)



    Certain products may be available exclusively online through the website and limited quantities of our products may be available. Our products are subject to return or exchange only win accordance with our Return Policy.


    We have made every effort to as accurately as possible, display the colors and images of our products that are available at the store. We cannot guarantee that your computer monitor's display of any color will be 100% accurate. In addition, please note that as our products are hand-crafted and made-to-order, there could be a variation in colour and design. Hence no two pieces will be absolutely identical. The delicacy of the product requires you to treat the product with caution. Every product contains a repair kit in the event of any damage caused to the accessory at your end. 


    We reserve the right (but are not obligated) to limit the sales of our products to any one person, geographic region or jurisdiction. We may exercise this right on a relative case(s) basis. 


    We reserve the right to limit the quantities of any products that we offer.
    All the descriptions of products or product pricing(s) are subject to change at any time without notice, at our sole discretion.
    We reserve the right to discontinue any product any time. Any offer for any product made on this site is null and void wherein it is prohibited by local laws.

    We do not warrant that the quality of any products, information, or other material purchased or obtained by you will meet your expectations, or that any perceived errors will be corrected to your expectations.



    Accuracy of Billing and Account Information



    We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
    In the event that we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time that the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


    You agree to provide current, complete and accurate purchase and account information for all purchases made at our store or website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


    For more detail, please review our Returns Policy.



    Optional Tools



    We may provide you access to third-party tools, over which we neither monitor nor have any control, nor input.


    You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


    We may also, in the future, offer new products and/or features through the website (including, the release of new tools and resources). Such new features and/or products shall also be subject to these Terms



    Third-Party Links



    Certain content and products available via our Website may include materials from third-parties.


    Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


    We are not liable any mis-happenings related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. 


    Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party itself.



    User Comments, Feedback and Other Submissions



    If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


    We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.


    You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.



    Personal Information



    Your submission of personal information through the store is governed by our Privacy Policy. To view please read our Privacy Policy page.



    Errors, Inaccuracies and Omissions



    Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders any time, if any information on our website or on any related website is found to be inaccurate, without prior notice (even after you have submitted your order).


    We undertake no obligation to update, amend or clarify information on our website or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our website or on any related website, should be taken to indicate that all information on our website or on any related website has been modified or updated.



    Prohibited Uses



    In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet. We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.



      Disclaimer of Warranties; Limitation of Liability



      We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free.


      We do not warrant that the results that may be obtained from the use of our website will be accurate or reliable.


      You agree that from time to time we may suspend the functioning of our website for indefinite periods of time or cancel the functioning of our website at any time, without prior notice to you.


      You expressly agree that your use of, or inability to use, our website is at your sole risk. The website services and all products delivered to you through our website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


      In no case shall Nitya Biswas, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or any products procured using the website, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


      Indemnification



      You agree to indemnify, defend and not harm the products or sanctity of the Nitya Biswas label and our parent subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.



      Sever-ability



      In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.



      Termination


      The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.


      These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our website, or when you cease using our site.


      If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our website (or any part thereof).



      Entire Agreement



      The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

      These Terms and any policies or operating rules posted by us on this site or in respect to the website constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).


      Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

      Governing Law

      These Terms and any separate agreements whereby we provide you use of our website shall be governed by and construed in accordance with the laws applicable at Delhi, India in whose jurisdiction B-37, Kailash Apartments, Lala Lajpat Rai Marg, New Delhi – 110048 is situated.



      Changes to Terms of Service



      You can review the most current version of the Terms at any time at this page.


      We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.  



      Contact Information



      Questions about the Terms of Service should be sent to us at info@nityabiswas.com