Terms of service

TERMS AND CONDITIONS 

These Terms and Conditions of the website located at the www.nilajaipur.com and www.shopnilajaipur.com and all other sites owned and operated by LBF that redirect to the said website and all subdomains (the "Electronic Medium") is between Lady Bamford Foundation (hereinafter referred to as "LBF"  or "We" or "Us" or "Our") and the guest users or registered users of the Electronic Medium (hereinafter referred to as "You" or "Your" or "User" or "Customer") and describe the terms on which LBF offers You access to the Electronic Medium and such other services as are incidental and ancillary thereto.

The Electronic Medium is owned and operated by Lady Bamford Foundation, a company incorporated under the laws of India having its registered office at B-I/I-1, 2nd Floor, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044 and store located at C-86, Prithviraj Road, C-Scheme, Jaipur -  302001. 

The Electronic Medium is an online platform which facilitates the Customers to purchase/buy Product ("Product") listed on the Electronic Medium pursuant to the Terms and Conditions set forth herein and includes any other feature or content or services offered from time to time (such online platform services, the "LBF Online Services"). 

These Terms and Conditions between You and LBF sets forth the legally binding terms and conditions for Your use of the Electronic Medium and the LBF Online Services.

1. DEFINITIONS:

"Customer" / "Buyer" shall mean the person or any legal entity who’s offer for the purchase of Product is accepted by LBF in accordance with Clause 7 below.

"LBF"/ "Us"/ "We" shall mean Lady Bamford Foundation, a company incorporated under Companies Act, 2013 having its registered office at B-I/I-1, 2nd Floor, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044.

"T&Cs"/"Terms and Conditions"/"Agreement" means the terms and conditions as detailed herein including all schedules‚ appendices‚ annexures‚ Privacy Policy, Disclaimers all of which are incorporated by reference herein and will include the references to this T&Cs as amended‚ novated‚ supplemented‚ varied or replaced from time to time.

"Electronic Medium" means the online platform owned and operated by LBF at the URLs www.nilajaipur.com and www.shopnilajaipur.com and all other sites owned and operated by LBF that redirect to the said website and all subdomains which provides a platform to the Customers to buy the Product listed on the Electronic Medium.

"User"/ "You" means and includes you and/or any person or an entity including any Customer/ Buyer using or accessing the LBF Online Services provided on the LBF site.

1. ELIGIBILITY:

The Electronic Medium and its contents are available only to body corporates or individuals. You represent and warrant that you are competent and eligible to enter into these T&Cs and have the requisite authority to bind yourself to these T&Cs. You represent and warrant that if you are an individual, you are at least 18 years old and that any personal information you may submit will be accurate and truthful. 

You shall not use this Electronic Medium if you are not competent to contract under applicable laws‚ rules and regulations. We reserve the right to ask for proof of age from You and Your account may be suspended until satisfactory proof of age is provided, terminate any membership/registration and/or refuse to provide access to the Electronic Medium if it is brought to our notice or if it is discovered that the person accessing/using the Electronic Medium is not legally competent to contract.

1. AGREEMENT AND ACCEPTANCE:

3.1 Your use or viewing the Electronic Medium is subject to your acceptance of these Terms and Conditions, including the Privacy Policy, the Disclaimers, and all other operating rules, policies, and procedures that may be published on the Electronic Medium by LBF, which are incorporated by reference. These Terms and Conditions apply to every user of the Electronic Medium. In addition, some services offered through the Electronic Medium may be subject to additional terms and conditions adopted by LBF. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms and Conditions by reference.

3.2 These standard T&Cs for sale shall constitute the terms, rights, and liabilities arising out of the use of the Electronic Medium and the sale of Product by LBF to Customer and purchase of Product by Customer from LBF through the Electronic Medium. The Customer agrees to be bound by the T&Cs.

3.3 You are only authorised to use the Electronic Medium (regardless of whether your access or use is intended) if you agree to abide by these T&Cs and all applicable laws. Please read these T&Cs very carefully as mentioned here: www.shopnilajaipur.com/policies/terms-of-service. If you do not agree to be bound by these T&Cs in its entirety, you should leave the Electronic Medium and not use LBF Online Services in any manner. Your use of the Electronic Medium or any of LBF Online Services constitutes Your acceptance of these T&Cs and You agree to be bound by the terms, on and from the date when You first use the Electronic Medium. 

3.4 All personal information/data provided by You during the course of usage of the Electronic Medium will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used by Us, please do not use the Electronic Medium.

1. TERMS OF USE OF THE ELECTRONIC MEDIUM

4.1 The Electronic Medium provides an online platform for sale and purchase of the Product, wherein LBF can sell and the Customer can purchase/buy Product listed on the Electronic Medium directly pursuant to the terms and conditions set forth herein. By clicking on the 'Agree and Continue' button‚ you are agreeing to use the LBF Online Services in a manner consistent with and abide by these T&Cs, our Privacy Policy‚ and all applicable laws and regulations. The LBF Online Services is available for Customers across the world.

4.2 You may use Electronic Medium solely for purposes of enabling You to use and enjoy the LBF Online Services as provided by LBF, and as permitted by these Terms and Conditions. You may not use the Electronic Medium for any illegal purpose. We may cease providing any LBF Online Services and we may terminate your right to use Electronic Medium at any time. Your rights to use the Electronic Medium will automatically terminate without notice from Us if you fail to comply with any of these Terms and Conditions and any applicable law. 

4.3 When You use the Electronic Medium, You may also be using the services of one or more third parties, such as a payment gateway or a mobile platform provider. Your use of these third-party services may be subject to separate policies and terms of use of such third parties. Links to any third-party websites are provided for convenience only and do not imply any approval or endorsement by LBF of the linked sites, even if they may contain the LBF's logo/mention, as such sites are beyond the LBF's control. Thus, LBF cannot be held responsible for the content of any linked site or any link contained therein. 

4.4 The Customer shall not use LBF Marks or any language, pictures or symbols which could, in the sole discretion of LBF, imply any endorsement of such third party service providers by LBF in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without the prior written consent of LBF.

4.5 LBF may modify these terms and conditions as stated on the Electronic Medium at any time, and such modifications shall be effective immediately upon posting of the modified version on the Electronic Medium without prior intimation to the users. Your continued use of the Electronic Medium shall be deemed your conclusive acceptance of the modified terms and conditions. However, contracts concluded on the basis of previous terms and conditions shall remain unaffected, but you have to prove the terms which are applicable. 

4.6 Statements on the Electronic Medium and any informational material, as well as Product descriptions, are for information only and not warranty of a particular quality of the purchased Product, unless expressly specified otherwise. The images of Product are for and by reference only and actual Product may vary from the corresponding image exhibited. The Electronic Medium/LBF disclaims any liabilities arising out of any discrepancies to this end.

4.7 We reserve the right to correct any price, typographical or other errors (including description/specifications of the Product) on the Electronic Medium, and in case the Customer has placed an order on the basis of incorrect price/entry, LBF will notify the Customer accordingly, giving them the option to cancel or to proceed with the order based on the correct price or other entry.

 

1. ACCOUNT, PASSWORD, AND SECURITY

5.1 Any person may access the Electronic Medium and the Product either by registering on the Electronic Medium or using the Electronic Medium as a guest. However, a guest User may not have access to all sections of the Electronic Medium including certain benefits/promotional offers, which shall be reserved only for registered Users, and which may change from time to time at the sole discretion of LBF.

5.2 Any User can visit the Electronic Medium as a guest User, however, if he/she wishes to register himself/herself on the Electronic Medium, he/she will be required to give certain personal information like first & last name, e-mail address and a password generated by the User. He/she will register himself/herself on the Electronic Medium by creating an account and by filling in the details required in the Electronic Medium registration form. You will then an account designation upon completing the Electronic Medium's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for any and all activities that occur under your password or account. You agree to: (a) immediately notify the Electronic Medium of any unauthorised 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. LBF cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Electronic Medium for any loss and damage suffered by You on account of Your failure to comply with these T&Cs and reasonably expected good practices in this regard.

5.3 Please ensure that the details You provide Us with are correct and complete and inform Us immediately of any changes to the information that You provided when registering. If any User provides any information that is untrue, false, not updated, and incomplete or LBF has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, LBF shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Electronic Medium (or any portion thereof).

5.4 We will do our utmost to ensure that availability of the Electronic Medium will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, Your access to the Electronic Medium may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

1. PLACING AN ORDER ON THE ELECTRONIC MEDIUM- OFFER AND ACCEPTANCE:

6.1 A Customer can place an order for the purchase of the Product on the Electronic Medium. 

6.2 Order process: The Electronic Medium is set-up to guide You through the steps You need to take to place an order with us. You are only able to place an order if the item is in stock. Please take the time to read and check Your order at each page of the order process and at the checkout page. 

6.3 Your offer to buy: When you confirm and pay for your order, you offer to buy the Products at the prices indicated including any delivery charges that apply to your purchase and such other charges as may be applicable and specified therein. If, for any reason whatsoever, the payment by way of online mode fails, then in such an event, the same is displayed on the screen immediately and the customer would need to manually restart the payment process.

6.4 Acknowledgement of receipt of order: after placing an order, You will receive an e-mail from Us acknowledging that we have received your order. 

6.5 Acceptance of order: We confirm Our acceptance of your order by sending You an email that confirms that the Products have been dispatched (dispatch confirmation). We will deliver Products to you as soon as reasonably possible. Orders are usually dispatched between 3-5 days from the date of the order being placed subject to these T&Cs.

6.6 Cancellation of an order: 

Cancellation by Customer: 

Once an order is placed, it can only be cancelled within 24 hours of receiving order confirmation from us on your provided email address. Once, the request is received, we reserve the sole discretion to provide the resolution to any situation as we deem fit. Each cancellation request is handled on a case by case basis and we request you to get in touch with us within 24 hours of receiving order confirmation by emailing on care@nilajaipur.com for prompt a resolution. 

In case of a refund, we will initiate the process of refunding the amount to your account via the same payment mode that you had used to make the transaction on our website. 

Cancellation by Us: 

Any order may be cancelled by us in the following scenarios: if a product is sold out, unavailable, or the product in stock is damaged. We will inform you at the earliest in the aforementioned scenarios through email. 

In case of a refund, we will initiate the process of refunding the amount to your account via the same payment mode that you had used to make the transaction on our website. 

6.7 Shipping and Payment:

Details of shipping and payment have been set out in Exhibit A to this T&C.

6.8 Pricing Policy

All prices (if shared on the website http://www.shopnilajaipur.com) are stated in Indian Rupees and are subject to change, at any time and without notice. LBF reserves the right to change prices without prior notice at any time. LBF carries out checks on a regular basis to ensure that the prices shown are correct. However, certain prices may be impacted by an error.

6.9 LBF may have access to certain information provided by the Customer on the Electronic Medium, such as email address and telephone number of the Customer. You agree that LBF has the right to use such information provided by You for analytic purposes on its e-commerce business as well as to provide You with offers and relevant information in relation to the Products and in accordance with these Terms and Conditions and the Privacy Policy. 

6.10 You release and indemnify LBF and/or any of its affiliates, and each of its affiliates and its affiliates’ and LBF’s officers, employees, directors and representatives from any costs, damages, losses, claims, expenses, liabilities or other consequence (including reasonable attorneys’ fees and other legal costs) that arises from or relate to:

        1. Your use or misuse or an unlawful or negligent act or omission of, or access to, the Electronic                     Medium and content, or otherwise from your user submissions;

        2. Violation of these Terms and Conditions; or

        3. Infringement by you, or any third party using your account, of any intellectual property or other                right of any person or entity.

We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with LBF in asserting any available defences.

6.11 The Customer shall be responsible for the correctness of all information notified, and the Customer will be responsible for errors in the information provided by them.

6.12 As part of the checkout process You have an additional optional of gift-wrapping premium service at certain cost which is inclusive of GST. An additional gift message can also be specified in the shopping basket – please “add order note” for the gift message you desire.

1. TAXES

7.1 All prices are in Indian Rupees and include all taxes including but not limited to Goods and Service Tax (GST), Value Added Tax (VAT) and other applicable taxes and statutory fee/cess/costs/charges, insurance premium (at actuals), and transport/freight costs (including cost of driver and fuel), all of which are to be borne by the Customers. As you are purchasing from a India website all orders delivered to India addresses include GST at the prevailing India rate as per the Product category. 

7.2 Customs, duty and import charges: You may be liable to pay import duty or tax on goods entering your country. Any additional charges must be paid by You. We have no control over these charges and are unable to predict if they are to go up or down in value. Please note: it’s a legal requirement that we declare the full value of the goods (not including shipping charges) on all packages destined outside the Indian Subcontinent. 

7.3 All additional taxes and duties (Other than GST) are calculated during checkout.

1. RETURN/EXCHANGE/REFUND

Returns, exchanges and refunds will be in the manner set out as Exhibit B to this T&C.

1. PROTECTION OF DATA

9.1 Any information provided by the Customer for purchasing Product will not be retained by LBF – except as set out in this T&C. Any information retained by LBF will be solely for purposes set out in this T&C and the Privacy Policy. Further, if Users of the Electronic Medium are required to provide certain information (including sensitive personal information), Users/Customers expressly permit the Electronic Medium from accessing and/or collecting and retaining such personal information of the Users/Customers. Such provision and/or collection, storage, retention, use and disclosure of personal information of the Users/Customers shall be subject to the Privacy Policy available at www.shopnilajaipur.com/policies/privacy-policy. 

9.2 Personal data You provide during the course of usage of our Electronic Medium or during process of registration on the Electronic Medium or during the course of order process (such as your name, address, email address, card details etc.) are collected, processed and used for the purpose of executing Your order and for the performance of the LBF Online Services by third parties (such as payment processors, banks, and carriers) only to the extent required for the performance of the contract or to the extent permitted under our Privacy Policy. 

9.3 For further details, please read the Privacy Policy available at www.shopnilajaipur.com/policies/privacy-policy which also governs Your visit to and use of the Electronic Medium and forms an integral part of these T&Cs, as though fully set out herein. If you are not in agreement with the Privacy Policy, please do not use the Electronic Medium. 

1. GRIEVANCE REDRESSAL

10.1 Protecting interests of Users is the primary objective of LBF. In pursuit of this objective a grievance redressal cell is set up that shall specifically deal with all the queries, complaints or grievances of the Users. 

Vatsla Batra is designated as the Grievance Officer in terms of the Information Technology Act, 2000 and the rules made thereunder and under Consumer Protection (E-Commerce) Rules, 2020, for any complaints or grievances with regard to the content of the Electronic Medium. The contact details of the Grievance Officer are as under: 

Email address: grievance@nilajaipur.com

Contact address: Lady Bamford Foundation, C-86, Nila House, Prithviraj road, C-Scheme, Jaipur-302001 (Rajasthan) INDIA 

Contact Number: Landline: +91 -141-4426800, Mobile: +91 96020 34225  

10.2 All complaints to the Grievance Officer to report any content on the Electronic Medium shall be in writing and shall be sent to at the above-mentioned email address. Please add: GRIEVANCE COMPLAINT to the subject line of the email being send to grievance@nilajaipur.com. The Grievance Officer shall acknowledge or respond to the complainant within 48 (forty eight) hours of the receipt of the complaint and shall expeditiously redress the complaint within 1 (one) month from the date of receipt of such complaint.

10.3 Upon any complaint registered with LBF under these T&Cs, You will be assigned a ticket number which you will receive through email from LBF. Please give reference to the ticket number for any follow-up or tracking of your complaint in your communications with LBF.

1. CUSTOMER SUPPORT

For any queries please contact us for customer support at:

Email address: care@nilajaipur.com

Contact address: Lady Bamford Foundation, C-86, Nila House, Prithviraj road, C-Scheme, Jaipur-302001 (Rajasthan) INDIA

Contact Number: Landline: +91 -141-4426800, Mobile: +91 96020 34230

1. USE RESTRICTIONS

12.1 You agree that your use of the Electronic Medium and LBF Online Services shall be lawful and you shall abide by all applicable laws, rules and regulations in connection therewith. 

12.2 You must not use the Electronic Medium in any way that causes, or is likely to cause, the Electronic Medium or access to it, to be interrupted, damaged or impaired in any way.

12.3 You agree not to access (or attempt to access) the Electronic Medium by any means other than through the interface that is provided by LBF. You shall not use any deep-link, robot, spider, scraper or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, monitor or extract or mine any data or portion of the Electronic Medium or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Electronic Medium, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Electronic Medium.

12.4 If the Electronic Medium allows You to post and upload any material on the Electronic Medium, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws.

12.5 Further, You undertake not to indulge in the following activities in relation to the Electronic Medium and use of LBF Online Services:

1. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

1. Any act by Yourself or through any third party which:
1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise harmful in any manner whatever;
2. harms minors in any way; 
3. infringes any patent, trademark, copyrights or other proprietary rights of another person;
4. violates any law for the time being in force;
5. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; 

1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;

1. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;

1. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Electronic Medium or another's computer;

1. Engage in any activity that interferes with or disrupts access to the Electronic Medium (or the servers and networks which are connected to the Electronic Medium);

1. Attempt to gain unauthorised access to any portion or feature of the Electronic Medium, any other systems or networks connected to the Electronic Medium, to any server, or to any of the services offered on or through the Electronic Medium, by any illegitimate means (including such as hacking and password mining);

1. Probe, scan or test the vulnerability of the Electronic Medium or any network connected to the Electronic Medium, nor breach the security or authentication measures on the Electronic Medium or any network connected to the Electronic Medium. You may not reverse look-up, trace or seek to trace any information on any other User or visitor to the Electronic Medium, or any other customer of LBF, including any other account not owned by You, to its source, or exploit the Electronic Medium or Service or information made available or offered by or through the Electronic Medium, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;

1. Disrupt or interfere with the security of, or otherwise cause harm to, the Electronic Medium, systems resources, accounts, passwords, servers or networks connected to or accessible through the Electronic Mediums or any affiliated or linked sites;

1. Collect or store data about other Users;

1. Use any device or software to interfere or attempt to interfere with the proper working of the Electronic Medium or any transaction being conducted on the Electronic Medium, or with any other person's use of the Electronic Medium;

1. Use the Electronic Medium or content thereon or the LBF Online Services for any purpose that is fraudulent, unlawful or prohibited by the T&C, or to solicit the performance of any illegal activity or other activity which infringes the rights of LBF or other third parties;

1. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

1. Violate any applicable laws or regulations for the time being in force in  India; 

1. Violate these T&Cs; 

1. 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 Electronic Medium;

1. Remove any text, copyright or other proprietary notices contained in the Product catalogues or any other materials available on the Electronic Medium.

The above is a non-exhaustive list of prohibited content/activity. LBF is not obliged to, but reserves the right to investigate and take appropriate action against anyone who, in its sole discretion, violates these T&Cs, and to remove the prohibited content from the Electronic Medium. LBF is also entitled to take any appropriate legal action against the Users who have violated these T&Cs or the Privacy Policy, including without limitation, reporting You to law enforcement authorities and disclosing your identity in accordance with applicable law. 

1. CORPORATE IDENTIFICATION AND TRADEMARK

13.1 and other marks indicated on the Electronic Medium ("LBF Marks") are trademarks or registered trademarks of LBF and/or its affiliates and/or group entities. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the LBF Marks in any manner whatsoever, including in advertising or publicity pertaining to distribution of materials on the Electronic Medium without LBF’s prior written consent. The use of LBF Marks on another website or network computer environment is prohibited. LBF prohibits the use of LBF Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance in writing by LBF.

13.2 All other trademarks not owned by LBF or its affiliates or group entities that appear on the Electronic Medium, are the property of their respective owners, who may or may not be affiliated with or connected to LBF and we do not claim any right, interest or affiliation with such parties.

1. TITLE / RISK OF LOSS / DELIVERY.

LBF will use reputed courier service provider to ship the Products to the address provided by you. The cost of freight/transportation and delivery (including cost of driver and fuel) will be included in the purchase price of the Product and will be borne solely by the Customer. 

1. DAMAGE

Any loss occasioned by damage in transit and until the product reaches the Customer will be the responsibility of LBF. The refund will be made by the same mode of payment to Customer’s account. 

1. LICENSE FOR ELECTRONIC MEDIUM ACCESS

16.1 Subject to Your compliance with these T&Cs, LBF grants You a limited license to access and make use of this Electronic Medium. Permission is granted to electronically download or print portions of the Electronic Medium for the sole purpose of personal use and for using this Electronic Medium. Any other use of materials on this Electronic Medium, including reproduction for purposes other than those noted above, such as the modification, distribution or republication, without LBF’s prior written consent is prohibited.

16.2 The said limited license does not authorise or entitle You to do any other act including but not limited to the following:

1. reproduction, duplication, copying, sale, resale, distribution, transmission, resale or commercial use or exploitation of the Electronic Medium or any of its portions or contents (including but not limited to any copyright material such as literary or artistic works including graphics, product and other designs and images, text, page layout or form, LBF Marks or other proprietary information); any collection and use of any product listings, descriptions or prices; any derivative use of the Electronic Medium or its contents without the express prior written consent of LBF;  
2. framing or using framing techniques to enclose any portion of the Electronic Medium or hot linking or deep linking any portion of the Electronic Medium (including but not limited to Trade Marks or copyright material or other proprietary information/material such as images, text, graphics, page layout or form) without the express prior written consent of LBF; 
3. Use of any meta tags or any other “hidden text” or metadata utilising the name of LBF or any of its affiliates, LBF Marks, URL or product name, without the express prior written consent of LBF;
4. Use of contact information provided on the site for unauthorised purposes, including marketing is prohibited. Any use intended to impede with the working of the Electronic Medium or to intercept any information from the Electronic Medium is prohibited. 

16.3 Any use of the Electronic Medium or LBF Online Services beyond the permitted use or in violation of these T&Cs, will constitute breach of this T&C and entitle LBF to (i) terminate this license to the Electronic Medium and LBF Online Services and/or your account without any notice; and (ii) initiate appropriate legal action for any such breach or illegal or unauthorised use.  

16 OWNERSHIP OF INTELLECTUAL PROPERTY

16.1 The Electronic Medium is the exclusive property of LBF and/or its affiliates and/or group entities. All contents, documents, drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights, trademarks, patents and applications, and other information or intellectual property and all rights therein, in respect of the Electronic Medium and the Product (collectively, "Intellectual Property") is owned, controlled or licensed by or to LBF and its affiliates and group entities. You shall have no claim to, nor ownership interest in, any Intellectual Property. You acknowledge that no license or rights of any sort are granted to You hereunder in respect of any Intellectual Property. The sale of Product to You does not include any design, development or related services associated with the Intellectual Property of LBF (and/or its affiliates and/or group entities).

18.2 Nothing on the Electronic Medium or your use of any of the Electronic Medium shall be construed as conferring any licence or other rights under the Intellectual Property or other proprietary rights of LBF or affiliates/group entities, or any third party, whether implied or otherwise, save as expressly provided.

1. FORCE MAJEURE

LBF shall not be liable for failure to perform or delay in performance or delivery of any Product beyond LBF’s control including, without limitation due to: (a) fires, floods, strikes, epidemic, pandemic, lockdown, or labor disputes, accidents, sabotage, terrorism, war, riots, acts of precedence or priorities granted at the request or for the benefit, directly or indirectly, of any government authority or any subdivision or agency thereof, delays in transportation or lack of transportation facilities, restrictions imposed by central, state or local laws, rules or regulations; or (b) any other cause beyond the reasonable control of LBF ( each a "Force Majeure Event"). In the event of occurrence of a Force Majeure Event, the time for performance shall be extended for such time as may be reasonably necessary to enable LBF to perform. 

1. DISCLAIMERS AND LIMITATION OF LIABILITY

20.1 LBF provides this Electronic Medium, including all its content, information, text, pictures, logos, links and icons and other materials (without limitation), on an "as is" and "as available" basis without warranties of any kind, either express or implied. LBF disclaims all representations and warranties, express or implied in respect of use of this Electronic Medium including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non infringement. LBF does not make any representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Product requested through the use of the Electronic Medium including the functions contained in this Electronic Medium or that its content will be uninterrupted or error-free, that defects will be corrected, or that the Electronic Medium or its server are free of viruses or other harmful components that may infect or impair the Product of the User on account of his/her access to, use of, or browsing the Electronic Medium or the downloading of any material, data, text, images or content from the Electronic Medium.

20.2 The Electronic Medium may be linked to other websites of third parties, advertisers, affiliates or business partners. LBF has no control over and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites. Inclusion of any link on the Electronic Medium does not mean or imply that LBF endorses the linked website/webpage. You may use the links and any service or content available thereon at your own risk.  

20.3 In no event, will LBF be liable for any loss that You may incur as a consequence of unauthorised use of your account or account information, either with or without your knowledge. We shall not be responsible for the delay or inability to use the Electronic Medium or related functionalities or non-availability of the Electronic Medium during maintenance operations or any unplanned suspension of access to the Electronic Medium that may occur due to technical reasons or for any other reason. You understand and agree that any material or data downloaded or otherwise obtained through the Electronic Medium is done entirely at Your own discretion and risk and You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data. The use of our Electronic Medium is at your sole risk and you assume full responsibility for any costs associated with your use of our Electronic Medium. 

20.4 You shall notify care@nilajaipur.com of any known or suspected unauthorised use(s) of your account‚ or any known or suspected breach of security‚ including loss‚ theft‚ or of any unauthorised or infringing material. The Customer support teams shall expeditiously redress the complaints without any unreasonable delay. 

20.5 LBF makes reasonable efforts to place accurate, current content on this Electronic Medium. However, LBF makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the Electronic Medium content. Except in connection with gross negligence and willful misconduct under these Terms and Conditions, the aggregate liability of LBF for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise arising out of these Terms and Conditions and the Customer’s use of the Electronic Medium and the content thereon shall be limited to and shall not exceed the amount paid by You, if any, for accessing the Electronic Medium. 

20.6 In no event shall LBF be liable for any direct‚ indirect‚ punitive‚ incidental‚ special or consequential damages or for any damages whatsoever including‚ without limitation‚ damages for loss of use‚ data or profits‚ arising out of or in any way connected with the Customer’s access to, or use of, the Electronic Medium or the content thereon, use or performance of the sites/services for interrupted communications‚ delay‚ lost data or lost profits arising out of or in connection with these T&Cs‚ even if LBF has been advised of the possibility of damages‚ or inability to use the Electronic Medium /LBF Online Services or related services‚ the provision of or failure to provide services‚ or for any information‚ software‚ products‚ services and related graphics obtained through the Electronic Medium‚ or otherwise arising out of the use of the Electronic Medium /LBF Online Services‚ whether based on contract‚ tort‚ negligence‚ strict liability or otherwise‚ even if LBF has been advised of the possibility of damages. LBF does not endorse in anyway any advertisers/ content of advertisers on its webpages.

20.7 Notwithstanding anything, under no circumstances, shall LBF be held responsible or liable whatsoever or howsoever, for any consequences arising out of, relating to or connected with:

1. any act or omission done by the User/Customer; 
2. any untrue or incorrect information submitted by the User/Customer; 
3. Your use of the Electronic Medium or inability to use the Electronic Medium or Your reliance on the Electronic Medium in any manner; 
4. any unauthorised or illegal act done by any third party relating to or connected with any information submitted by You or on Your behalf or otherwise; 
5. any cybercrime attempted or committed by anyone; or
6. any other act/omission already disclaimed in these T&Cs, unless stated to the contrary.

1. COMMUNICATION 

You agree to our use of: (a) electronic means to communicate with You; and (b) electronic records to store information related to these T&Cs or use of LBF Online Services. When You use LBF Online Services, you agree and understand that You are communicating with LBF through electronic records and You consent to receive communications via electronic records periodically and as and when required. LBF may communicate with You by email or any other mode of communication, electronic or otherwise.

1. RELATIONSHIP

It is understood that the parties to these Terms and Conditions have confirmed their acceptance of the Terms and Conditions on a principal to principal basis. These Terms and Conditions do not purport to create any agency, partnership or joint venture or any other similar relationship between the parties. 

1. AMENDMENT

23.1 We reserve the right, at our sole discretion, to change, modify, add or remove portions of these T&Cs at any time without any prior written notice to You. You shall be responsible for reviewing these T&Cs periodically for updates/changes and should visit this page prior to using the Electronic Medium to determine the current T&Cs to which You are bound. Your continued use of the Electronic Medium, following the posting of changes will mean that You accept and agree to the revisions. By impliedly or expressly accepting these T&Cs, You also accept and agree to be bound by the Electronic Medium policies including but not limited to Privacy Policy as amended from time to time.

23.2 We reserve the right to change, suspend, or discontinue the Electronic Medium (including, but not limited to, the availability of any feature, database, services or content) or any part thereof, at any time for any reason. We may also impose limits on certain features and services or restrict Your access to parts or all of the Electronic Medium without notice or liability.

1. ASSIGNMENT AND DELEGATION

No assignment of any rights or interest or delegation of any of Your obligations or duty under these Terms and Conditions, may be made without the prior written consent of LBF. Any attempted assignment or delegation will be wholly void and ineffective for all purposes.

1. INTEGRATION CLAUSE

These T&Cs constitute the terms and conditions for use of the Electronic Medium and the LBF Online Services, and supersedes any prior agreements, understandings, representations and quotations with respect thereto. 

1. WAIVER
   
   

The Customer agrees that the failure by LBF at any time to enforce or to insist upon strict compliance by You with these T&Cs or to exercise any right accruing from any default on Your part shall not be construed to be a waiver of such provisions nor in any way affect the validity of these Terms and Conditions or any part thereof or the right of LBF to enforce thereafter any such provision or. Any express waiver by LBF of any breach by You of these T&Cs shall not be construed as a waiver of any other existing or future breach.

1. DISPUTES

If any dispute arises between LBF and the Customer pertaining to the Product or these T&Cs, the same shall be attempted to be resolved amicably. 

1. JURISDICTION
   
   

These T&Cs shall be governed by and constructed in accordance with the laws of India and disputes arising in relation hereto (i.e. pertaining to the T&C and  involving LBF as a party) shall be subject to the exclusive jurisdiction of courts, tribunals, forum, applicable authorities at New Delhi. 

Contact us

If you have any questions or comments about these Terms of Use, or general queries, please contact us at the address provided below.

Email Id: care@nilajaipur.com

1. NODAL OFFICER 

In terms of the Consumer Protection (E-Commerce) Rules, 2020, below are the details of the nodal officer:

Name: Kulgaurav Saraswat

Designation: Ass. Admin & Facility Manager

Contact address: Lady Bamford Foundation, C-86, Nila House, Prithviraj road, C-Scheme, Jaipur-302001 (Rajasthan) INDIA

BY STAYING AND FURTHER ACCESSING THE ELECTRONIC MEDIUM, YOU AGREE THAT YOU HAVE READ THESE TERMS AND CONDITIONS IN FULL AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. 

EXHIBIT A

SHIPPING & PAYMENTS

SHIPPING:

1. SHIPPING WITHIN INDIA

Orders in major cities of direct connectivity, are delivered within 2 weeks (excluding holidays). For smaller cities and remote addresses, we keep a grace of up to 3 weeks (excluding holidays). 

1. INTERNATIONAL SHIPPING

We will ship through reputed courier service providers who will endeavour to deliver your order within 3-4 weeks (excluding holidays). LBF is not responsible for customs delays.

LBF does not guarantee delivery time and these are mere approximate timelines.

In the event that we are unable to meet the delivery within the expected dates because of events outside of our control, and there is a risk of substantial delay we will contact you. 

1. SHIPPING CHARGES

Domestic & International Orders: Shipping charges are applicable on all orders. 

Shipping and handling rates vary based on the product, its size and volume, the packaging used and the shipping destination. You will see the final shipping and handling charges at the time of checkout after you provide the shipping address for your order. 

1. SHIPPING OF PRODUCTS

All orders are processed from our office in Jaipur. Orders will be delivered to the shipping address mentioned at checkout. LBF will use reputed courier service provider to ship the Products to the address provided by you. 

1. DUTIES & TAXES FOR INTERNATIONAL ORDERS

Custom Duties & Taxes for international orders are not included in your order and are over and above any shipping charges paid at checkout. Most countries charge duties on imported items which are levied at the time of port entry and they vary based on the destination country and the products imported. You will need to pay the applicable duties and taxes directly to the shipping agency at the time of your order delivery. We have no control over these charges and are unable to predict if they are to go up or down in value. Please note: it’s a legal requirement that we declare the full value of the goods (not including shipping charges) on all packages destined outside the Indian Subcontinent. 

1. TRACKING PACKAGE

Once your order is shipped, we will mail you your tracking number along with information about the shipping agency. You can track your order status on the shipping agent's website by entering your assigned order tracking number.

1. NON-AVAILABILITY ON DELIVERY

Our delivery partners will attempt to deliver the package three times before they return it to us. Please provide the complete & accurate shipping address including zip code and a mobile number. This will help us in delivering your order faster. Do note, orders shipped and returned due to Non-Availability on Delivery will be refunded only in case You inform Us via email that You no longer wish us to re-send the order on your specified shipping address. In case, you would like to re-send the order’s shipment will have to be arranged and paid by You.

1. DAMAGE

Before accepting delivery of any merchandise, please ensure that it is in good condition and has not been tampered with. In case you receive a package, which you believe was damaged in transit, please follow the guidelines mentioned below: 

1. Retain the original packaging (along with price tags, invoices, labels etc.). 
2. Email us at care@nilajaipur.com within 48 hours of receiving the package with a clear photograph of the damaged goods. 

We reserve the sole discretion to provide the resolution to any situation as we deem fit. All damage cases will be handled on a case by case basis and we request you to get in touch with us at care@nilajaipur.com for prompt resolution.

PAYMENTS:

1. Payments made by way of online mode are made in the secure environment of a reputable payment service provider. You will find payment made to LBF on your bank statement under one of the following names:  “TPSL” or “Techprocess” or “Lady Bamford Foundation”.

1. Upon successful verification of Your payment information and subject to these T&Cs, LBF shall be responsible for delivering the Product to You. Orders of several Product may be fulfilled separately.

MODES OF PAYMENT

1. For shipping to India, we accept all major debit & credit cards (MasterCard, Visa & American Express) and also provide Net Banking options across major banks, UPI & Wallets (PayTM, Mobiwik, Airtel Money, Jio Money, and Amazon Pay). 

1. Cash on Delivery (COD) facility is not available at the moment.

1. For all international transactions, we accept major Credit Cards (including MasterCard, Visa, American Express, Diners and International cards).

1. The orders placed by the Customers on the Electronic Medium are mere offers. Mere placing of the offer on the Electronic Medium and the charging of Customer’s credit card/bank account does not, by itself, constitute a binding contract of sale. A valid contract of sale only takes place when Customer’s order is accepted and acknowledged by LBF via email confirming of payment and acceptance of the order. The payment aggregator ensures the security of the payment information provided by the customers. They payment aggregator is governed by the guidelines, directions, orders of the Reserve Bank of India. 

1. If we cannot accept your order: If we are unable to fulfil Your order, for example because that Product is not actually in stock or no longer available or because of an error in the price or description on LBF Website, we will inform you of this by e-mail and we will not charge you for the Product. If you have already paid for the Products, we will refund you the full amount within 7-10 business days through the same mode of payment, without any liability to pay any form of interest, or compensate for any loss of any nature whatsoever on account of our inability to fulfil Your order.

1. The shopping cart page shows the name of the product, quantity and price of the Product you place in your shopping cart. In the course of placing your order, you will be asked to provide personal information and shipping address/instructions. On the information summary page, you may view all relevant information you entered. To continue with the payment for your order, you must read these T&Cs (including the Privacy Policy) that are accessible by clicking on Terms & Conditions and tick the box if you agree.

1. The price is valid at the time You place Your order. LBF will not be liable for any accident involving the Product or damage caused to the Product during transporting the Product to the address specified by the Customer. 

EXHIBIT B

RETURN & EXCHANGE & REFUND

At Nila House, we aim to provide hand crafted products that are made with utmost attention to detail and great care that are met with highest standards of sustainable practices and quality checks. All our Products are hand-woven and naturally dyed because of which You may find variations and irregularities in the fabric and the color. These are not necessarily defects but are integral to and characteristic of handcrafted and natural processes. 

Given the nature of our products, we reserve the sole discretion to provide the resolution to any situation as we deem fit. Each return or exchange request is handled on a case by case basis and we request you to get in touch with us via email (care@nilajaipur.com) within 48 hours of receipt of order for a prompt resolution. Customers are requested to verify and review order(s) including colours, sizes, quantities, etc. of products before placing the order. 

In order to maintain fairness to our artisans and craftspeople, as well as keep our prices fair, many items are "Final Sale." Please make it a point to understand which products are eligible for returns before purchasing. No Refund/ Exchange is offered for items on sale/discounted prices.

LBF does not provide warranty on any of our products. 

For the return/exchange to be processed, the following conditions have to be met:

(a) All returns must be authorized and approved by us before you send the goods back. After the return request is accepted, for domestic orders (within India), we require the goods to reach us within 2 weeks of receipt of the order. For International orders (outside India), we require the goods to reach us within 4 weeks of receipt of the order. LBF holds the right to reject any return/exchange if the Products reach the store after the stipulated time. For International orders, the cost of shipping for any product to be exchanged or returned has to be borne by the customer. Customs and taxes as applicable will also need to be paid by the customer. LBF will not take responsibility for any item withheld at customs for any reason.

 

(b) The Product must not be worn, washed and must be returned in its original condition and accompanied by its original tags. We aim to process all returns within one week. Once your return is authorized and the product is received, we will process your refund. The refund amount will be processed via the original mode of payment. LBF reserves the right to not accept returns in case the Product is used or damaged by You. 

1. Before accepting delivery of any merchandise, please ensure that it is in good condition and has not been tampered with. In case you receive a package, which you believe was damaged in transit, please retain the original packaging (along with price tags, invoices, labels etc.) and send us a clear photo of it at care@nilajaipur.com for us to further investigate the matter along with mention of the order number. Additionally, please mention details about the damaged merchandise on the delivery receipt instead of signing it as 'received'.

1. Only for exchange and returns within Jaipur, items bought online can be returned or exchanged at our store in Jaipur. 

1. Purchases made during sale and discounts are not eligible for any return or exchange.

1. Returns & Exchanges should be sent to:

Lady Bamford Foundation

C-86, Nila House, Prithviraj Road, C-Scheme, Jaipur-302001 (Rajasthan) INDIA

1. Place the item to return in the original box with the original shipment document. Customer service will notify you when we have received your returned Product through an email. 

1. If the product is faulty/ damaged or wrongfully delivered, the cost of shipping for the return will be borne by LBF, Internationally and Domestic. After reviewing the damaged products LBF will re-fulfill your order with same or similar undamaged product. The cost for shipping the re-fulfilled order will also be borne by LBF. 

1. If the return or exchange is on the basis of choosing another product or a return for any other reason whatsoever, then the return shipping cost will be borne by You. Unless the return or exchange is of the same product and of the same value, we will initiate the exchange. If not, You will be asked to return the product where the cost of the shipping will be borne by You and the process of starting a new order on our website will be required.  

1. LBF will not be responsible or liable if any item you return is lost, misdirected or delivered late. As a result, You have to bear the risks of the shipping chosen, please retain proof of delivery confirmation.

1. Additional information on returns/exchanges from overseas: 

1. All paperwork and the outside of the return box must be clearly marked as “returned goods- no commercial value” to ensure the order is returned to us swiftly with no extra charges. 
2. We are not responsible for custom delays, taxes and duties. 
3. All items will require a signature upon delivery. If You decide to reject a parcel at the customs, LBF shall not be responsible for any refund. 

Disclaimer: 

All policies are subject to change without prior notice. 

REFUNDS

1. All refunds will be processed by Lady Bamford Foundation through our payment gateway.

1. All refunds will be made via the same mode of payment within 7-10 days of receiving the goods back at the LBF office at Lady Bamford Foundation, C-86, Nila House, Prithviraj road, C-Scheme, Jaipur-302001 (Rajasthan) INDIA. 

1. We reserve the right to forfeit the shipping costs incurred for onward shipping. Subject to the terms and conditions set out herein, in the event of refund, customer will be refunded for the product and not for reverse shipping cost.

1. No refunds would be given if the customer has provided a wrong or incomplete shipping address, there are 3 failed delivery attempts by our shipping agency and/or the package is refused by the recipient.

CUSTOMER CARE

To return or exchange a wrongfully delivered product or report a genuine quality/ manufacturing defect in the delivered product, please get in touch at care@nilajaipur.com within 48 hours of delivery:

Share your order number, date of transaction, delivery address and image of the wrongfully delivered or defective item with us at care@nilajaipur.com.