Terms and conditions

Please read the following terms and conditions carefully as your subscription to or use of our service signifies your acceptance and compliance with the following conditions. In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Nirmals Furnishings Retail Private Limited and its affiliates.

INTRODUCTION

The domain name www.nirmals.com (here mentioned as website) is owned by with its office at Kirti Nagar. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Nirmalsfurnishings.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.

USER ACCOUNT, PASSWORD, AND SECURITY:

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc, are not eligible to use the Website. If you are under 18, you may use our Services but only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Nirmals furnishings of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Nirmalsfurnishings.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

LIMITED USER:

The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Nirmalsfurnishings’s name is stated as the source and prior written permission of Nirmalsfurnishings.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

ELECTRONIC COMMUNICATIONS

When you use any of our Service, 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 or through our other Services. 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.

 COPYRIGHT, TRADEMARK & PATENTS

All content included in or made available through any Nirmal's furnishings Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is our property or its content suppliers and protected by Indian copyright laws.

Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in any of our Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

One or more patents owned by Nirmals apply to the Nirmals furnishings Services and to the features and services accessible via our Services. Portions of our Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Nirmals furnishings or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of our services. This license does not include any resale or commercial use of any our Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Nirmals furnishings Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by us or its licensors, suppliers, publishers, rights holders, or other content providers. No Nirmals furnishings Service, nor any part of any our Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nirmals furnishings without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of Nirmals furnishings. You may not misuse our Services. You may use the Nirmals furnishings Services only as permitted by law. The licenses granted by Amazon terminate if you do not comply with these Conditions of Use or any Service Terms.

RISK OF LOSS

All items purchased from Nirmals furnishings are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Nirmals does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Nirmals does not take title to the refunded item. For more information about our returns and refunds, please see our Return policy.

RETURN POLICY

We put our sincere efforts to make online shopping a delightful experience for our customers every time by offering authentic product range. Still, if anyhow you feel unsatisfied with the order, then our easy and free return policy is there to help you. When you receive DAMAGED, MISMATCH OR DEFECTED product, just call us or drop a mail at info@nirmals.com within 30 days of the order placed.

Conditions for Return policy

  • The product to be returned should be in original condition with the price tags, exact packaging and accompanying accessories.
  • It should be unwashed and unopened along with  warranty/guarantee card, invoice, freebies if any and inbox literature
  • A part of the order can also be returned along with the complementary products. However, if your purchase was during any promotional period, then special conditions apply for the returns.
  • Cash on delivery charges are not included in refund value of the order where as shipping charges will be refunded through gift coupons upto the limit of Rs 100 or 10% of product price.

Time and process to get the refund

Product in a saleable condition should be sent to us within a week after delivery of the product. Once we receive your product, it usually takes around 10 working days to initiate the refunds. The receipt of payment depends on the mode of payment chosen by you. If you have used credit card or net banking, then we will reverse the credit to your credit card or net banking account. In case of cheque or DD, we will issue a cheque not the DD at your billing address that might take few extra days. If the payment was made by Cash on delivery, then we will offer bank transfer.

REPLACEMENT GUARANTEE

A Buyer can request for replacement whenever he is not happy with the item, reason being damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Buyer need to raise the replacement request within 10 days from the date of delivery of products. Buyer can raise a replacement request by contacting us through the email available on our website. Once the replacement request has been raised, the following steps shall be followed:

Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:

  • Shipping was damaged
  • Item was defective
  • Item(s) were missing
  • Wrong item sent

1. Intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.

2. In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product; Seller shall be obliged to provide the replacement product to the Buyer.

3. In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

4. If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favor of Buyer and Seller shall be liable to refund amount paid to the Seller.

All shipping and other replacement charges shall be borne and incurred by the Seller.

COLOR VARIATIONS:

Nirmals strive to show colors of products displayed on this site as real as possible. But, as the color shown to you depends upon your monitor, Nirmals cannot guarantee that the colors of our products would match with the colors shown on your monitor. We advice our customers to order upholstery fabrics and other products available in our collection on the product pages to know the actual color, texture and feel of the product. Though final product you receive would be as per the swatch you ordered yet there may be slight variation in the fabric/color/texture due to various reasons. 

 PRODUCT DESCRIPTIONS

Nirmals furnishings attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of any of our Service is accurate, complete, reliable, current, or error-free. If a product offered by Nirmals furnishings itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which mean the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.

With respect to items sold by Nirmals furnishings, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Nirmals furnishings is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

 Cancellation

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We 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 has been charged, the said amount will be reversed back in your Card Account.

In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount. The orders that have already been shipped out by us will not be cancelled and you will have to check our return policy on those orders. The customer agrees not to dispute the decision made by Nirmalsfurnishings.com and accept our decision regarding the cancellation.

Termination:

  • We may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute    discretion that you have breached any of the Terms.
  • If you or www.nirmalsfurnishings.com terminates your use of the Website or any Service, we may delete any content or other materials relating to your use of the Service and we will have no liability to you or any third party for doing so.
  • You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi. Any dispute or claim relating in any way to your use of any Nirmal's Service, or to any products or services sold or distributed by Nirmal's or through www.nirmalsfurnishings.com will be resolved in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The High Court of judicature at Delhi alone shall have the jurisdiction and the Laws of India shall apply.

User Conduct and Rules:

1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by www.nirmalsfurnishings.com for redelivery shall be claimed from you.

2. That you will use the services provided by www.nirmalsfurnishings.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

3. You will provide authentic and true information in all instances where such information is requested of you. Nirmals furnishings  reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in its sole discretion to reject the registration and debar you from using our Services and / or other affiliated websites without prior intimation whatsoever.

4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site 

5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. 

6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use this Site for any of the following purposes: 

1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

2. Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

3. Gaining unauthorized access to other computer systems.

4. Interfering with any other person's use or enjoyment of the Site. 

5. Breaching any applicable laws; 

6. Interfering or disrupting networks or web sites connected to the Site. 

7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

 SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our return policy, posted on this site. These policies also govern your use of Nirmals furnishings Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Nirmals furnishings a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nirmals furnishings for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We do not take any responsibility and assumes no liability for any content posted by you or any third party.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Nirmals furnishings has endeavored to ensure that all the information on the Website is correct, but we neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event we shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither we shall be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

PROCESS FOR PILFERAGE CLAIM

If a customer raises a complaint for partial item/partial order through Customer Care, the customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.

An Email will be sent seeking/providing following information:

 

  • Short description of the case (A few questions will be asked to help us understand the scenario)
  • The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the customer)
  • The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments

The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:

 

  • Adequate information about the case
  • Snapshots of the packet and box (if any)
  • If an opened delivery was received, pilferage claims must be made the same day

Customer must not dispose the packaging for 3-4 days post delivery. We might need to pick-up your packaging for investigation at our end.

 

 INDEMNITY

 

You shall indemnify and hold harmless nirmals furnishings, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

ENTIRE AGREEMENT 

 

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Nirmalsfurnishings.com with respect to the Nirmalsfurnishings.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Nirmalsfurnishings.com with respect to the Nirmalsfurnishings.com sites/services. Nirmalsfurnishings.com failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.