Terms & Conditions
TERMS AND CONDITIONS
THESE TERMS
1.1 WHAT THESE TERMS COVER.
These are the terms and conditions on which we supply products to you.
1.2 WHY YOU SHOULD READ THEM.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
INFORMATION ABOUT US AND HOW TO CONTACT US
Company Information
2.2 HOW TO CONTACT US.
You can contact us by emailing our customer care team at nitika@nitikagujral.com or by writing to us at
2.3 HOW WE MAY CONTACT YOU.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 HOW WE WILL ACCEPT YOUR ORDER
Our acceptance of your order will take place when we email you an order confirmation, at which point a contract will come into existence between you and us.
3.2 IF WE CANNOT ACCEPT YOUR ORDER
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 YOUR ORDER NUMBER.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 WE ONLY SELL TO CERTAIN COUNTRIES.
These countries are listed on our Delivery page. Our website is solely for the promotion of our products in these countries, and by placing an order you are representing to us that you live in one of these countries.
OUR PRODUCTS
4.1 PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 PRODUCT PACKAGING MAY VARY.
The packaging of the product may vary from that shown on images on our website.
4.3 SMALL VARIATIONS MAY OCCUR.
Our products are hand crafted and may vary slightly from the images displayed on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
PROVIDING THE PRODUCTS
6.1 DELIVERY COSTS.
The costs of delivery will be as displayed to you on our website.Delivery costs are payable in addition to the price of the product itself.
6.2 WHEN WE WILL PROVIDE THE PRODUCTS.
We will deliver the products to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
6.3 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 IF YOU DO NOT RE-ARRANGE DELIVERY.
If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9 will apply.
6.6 YOUR LEGAL RIGHTS IF WE DELIVER LATE.
You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
6.6.1 we have refused to deliver the products;
6.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 SETTING A NEW DEADLINE FOR DELIVERY.
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 ENDING THE CONTRACT FOR LATE DELIVERY.
If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the products or reject products that have be en delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suit able for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +91-7982058320 or email us at nitika@nitikagujral.com to arrange a return.
6.9 WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCT.
The product will be your responsibility from the time we deliver the product to the address you gave us.
6.10 WHEN YOU OWN GOODS.
You own a product once we have received payment in full.
YOUR RIGHTS TO END THE CONTRACT
7.1 YOU CAN ALWAYS END YOUR CONTRACT WITH US.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
7.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract(or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2
7.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause
7.2 ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
7.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause Error! Reference source not found.);
7.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
7.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
7.2.4 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6).
8.1 RETURNING PRODUCTS AFTER ENDING THE CONTRACT.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on +91-7982058320 or email us at nitika@nitikagujral.com to arrange a return. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.2 WHEN WE WILL PAY THE COSTS OF RETURN.
We will pay the costs of return:
8.2.1 if the products are faulty or misdescribed;
8.2.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
8.2.3 [if you are exercising your right to change your mind]. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.3 HOW WE WILL REFUND YOU.
We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.4 DEDUCTIONS FROM REFUNDS.
If you are exercising your right to change your mind:
8.4.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.4.2 [The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within [3-5] days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.5 WHEN YOUR REFUND WILL BE MADE.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause
8.6 WE MAY END THE CONTRACT IF YOU BREAK IT.
We may end the contract for a product at any time by writing to you if:
8.7 you do not make any payment to us when it is due and you still do not make payment within 3 days of us reminding you that payment is due;
8.8 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
8.8.1 you do not, within a reasonable time, allow us to deliver the products to you; or
8.8.2 you breach any other term of this Agreement.
YOU MUST COMPENSATE US IF YOU BREAK THE CONTRACT.
If we end the contract in the situations set out in clause 8.6 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product:
9.1 HOW TO TELL US ABOUT PROBLEMS.
If you have any questions or complaints about the product, please contact us. You can telephone our customer care team on +91-7982058320 or email us at nitika@nitikagujral.com.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 WE ARE NOT LIABLE FOR BUSINESS LOSSES.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
12.1 Please see our Privacy and Cookies Policy, available here for details on the information about you that we collect, and how we use that information.
OTHER IMPORTANT TERMS
13.1 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
13.2 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE (EXCEPT THAT YOU CAN ALWAYS TRANSFER OUR GUARANTEE).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
13.3 NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
13.4 IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.5 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.