This Agreement is between you (“you” or Customer”and nuaa designs, a sole proprietorship concern and having its principal address at Shop Nos. 4&5, 2nd Floor, GK’s Pride, Yapral, On Balaji Nagar Main Road,
Secunderabad - 500087, Telangana, India (“us” or “we” or “nuaa designs”) in relation to the use of Website or the Mobile App and any orders that you place on the Website or Mobile App, (collectively “Services”).
If you do not agree to the terms and conditions contained herein, please do not use or place order from the Website or the Mobile App.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Not withstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Services.
- WEBSITE ACCESS
nuaa designs grants you a limited permission to access and make personal use of this site. You may use the Website subject to the following terms and conditions:
- You may use the Website only for placing orders or making genuine inquiries.
- You agree not to download (other than page caching) or modify any portion of the Website
- This permission does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site 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.
- This site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of nuaa designs.
- You may not use any proprietary information (including images, text, page layout, or form) of nuaa designs and our affiliates without express written consent. You may not use any Meta tags or any other "hidden text" utilizing nuaa designs's name or trademarks without the express written consent of nuaa designs. Any unauthorized use terminates the permission granted by nuaa designs
- By placing an order through the Website you acknowledge that you are at least 18 years old and are legally capable of entering into binding contracts.
- BINDING CONTRACTS
Pursuant to placing an order you will receive an acknowledgement from us stating that the order has been received. Your order constitutes an offer to buy our products only for personal use and not for resale purposes. All orders are subject to our acceptance and we will send you a confirmation that your order has been dispatched by sending you an email or a text message.
It is herein agreed that no binding contract in respect of the purchase of a product on the Website or Mobile App shall exist between you and us unless your order has been accepted by us as aforementioned.
Notwithstanding anything contained herein, we reserve the right not to accept any order or limit such orders if in our opinion the customer acts in violation of this policy or the usage of this Website is in violation of the terms mentioned herein.
All orders of the product are subject to availability and in the event the products are no longer in stock, we reserve the right to give you information of substitute products which you can order.
We do not ship backorders. We aim to keep every item on our Website in stock. If there is an item which you purchase and then we realize this item is not available, we will promptly inform you within 2 working days of your purchase and fully refund your money for the out of stock item.
We can only process one shipping address per order. So, if you would like to order several items and ship to different people, please treat these as separate orders. We cannot ship to Post Office Box addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form.
- PRODUCT RELATED TERMS AND CONDITIONS
Except where noted otherwise, the Price displayed for products on our Website in Indian Rupees represents the full price of the product. This is does not include Shipping Fees.
With respect to items sold on nuaa designs, we charge your credit card before your order has entered the shipping process. For any reason if we are not able to ship you products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- If an item's correct price 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.
Please note that this policy applies only to products sold and shipped by nuaa designs.
The prices displayed on this Website are quoted in Indian Rupees. In case of an International order, the actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank / credit card provider on the date of billing.
The payment for products shall be made in terms of the Billing and Payment Policy as provided on the Website and the terms and conditions provided therein shall form an integral part of this Agreement.
All of nuaa designs orders are shipped door-to-door from our studio in Secunderabad, India to your provided shipping address. Processing the order normally takes 3-4 working days and then Shipping normally takes 7-10 working days.
Shipping destinations offered by nuaa designs for delivery will be extended and updated from time to time and listed online.
Our courier partner will attempt delivery 3 times at the delivery address specified by you in the order, before they contact us that your package is not deliverable. You can track the package through the Order Tracking facility on our Website. If the package status is shown as undeliverable please call our courier partners at their local number and quote your tracking number to trace your package.
- Risk Of Loss
All items purchased from nuaa designs 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. Ownership of the product will only pass to you once we receive full payments of all sums due in respect of the products.
- Product Descriptions
nuaa designs and its affiliates attempt to be as accurate as possible. However, nuaa designs does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by nuaa designs itself is not as described, your sole remedy is to return it in unused condition.
- Exchanges, Returns And Refunds
nuaa designs will replace unused, unwashed, unaltered products with all internal tags and original receipt free of cost if you are not satisfied with your purchase for any reason. Exchanges or returns must be made within 10 days of receiving your order.
After reviewing the product, we will intimate you regarding your right of refund in terms of our Return and Refund Policy. We will endeavour to process your refund as soon as possible but not later than 5 days from the return of goods.
Please read our Return and Refund Policy before making a purchase at nuaa designs which shall constitute an integral part of this Agreement.
The fit of our clothing depends on the cut, fabric and style of each garment. Some garments are designed to have a looser, relaxed fit and some garments are styled to be more fitted. Please review our sizing guide to select the size best suited to you.
- Product Properties And Wash Care
All of nuaa designs' products are handcrafted using handloom fabrics. The subtle variations in colour, texture and finish are intrinsic to hand made products. Our products involve crafts-based traditions of weaving on the loom, wood block printing and embroidery by hand. We use both natural dyes and commercial dyes. Please do not view any weaving or printing irregularity as a defect. It is an authentication of handcrafted products.
Colours: We have done our best to display as accurately as possible the colours of the products shown on this Website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Please always wash like colours together and dry inside out in the shade. Always use mild detergent. Silks must only be dry cleaned.
- YOUR ACCOUNT
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. nuaa designs and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Communications, And Other Content
Visitors may post reviews, comments, and other content; send e-Gift Certificates 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. nuaa designs reserves 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 nuaa designs and its affiliates a non-exclusive, 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 nuaa designs and its affiliates and sub-licensees 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 nuaa designs or its affiliates for all claims resulting from content you supply. nuaa designs has the right but not the obligation to monitor and edit or remove any activity or content. nuaa designs takes no responsibility and assumes no liability for any content posted by you or any third party.
- RIGHT TO CHANGE
nuaa designs reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Website. You will be subject to such terms and conditions in force at the time you order products from us
- ELECTRONIC COMMUNICATIONS
When you visit nuaa designs or send e-mails to us [or WhatsApp] you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and text message or by posting notices on this Website. 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.
- INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, nuaa designs owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, hyperlinks, logos, button icons, images, audio clips, digital downloads, data compilations. The compilation of all content on this site is the exclusive property of nuaa designs. All software used on this site is the property of nuaa designs or its software suppliers.
You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to nuaa designs without obtaining prior written authorization from it.
Customer shall not upload post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. nuaa designs does not have any express burden or responsibility to provide the Customer with indications, markings or anything else that may aid the Customer in determining whether the material in question is copyrighted or trademarked. Customer shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Website, Customer warrants that the owner of such material has expressly granted nuaa designs the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Customer also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. Customer hereby grants nuaa designs, the right to edit, copy, publish and distribute any material made available on the Website by the Customer. The foregoing provisions of Section 25 apply equally to and are for the benefit of nuaa designs, its future subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
nuaa designs is under the process of filling its application for registration under the Trade and Merchandise Act and Rules under different classes. In the mean time, any violation of our trademarks will be liable for legal action.
- DUTIES AND TAXES
All of nuaa designs orders are shipped internationally from our warehouse in Secunderabad, India to your provided shipping address. Due to the nature of international shipping, occasionally a customer may have to pay additional import duties and taxes which are levied once a shipment reaches your country. The large majority of orders will not have to pay any additional fees. However, we are unable to calculate when and how much these infrequent customs duty charges will be levied. In the case where additional customs charges are assessed, you will be responsible for paying these additional fees. If you are presented with an invoice for import duties and taxes, you will have to pay to the courier company directly at the time of delivery. nuaa designs takes no responsibility for non-delivery of orders in case such taxes and duties are not accepted and settled by the recipient at the delivery address and will not provide any refunds in such cases.
Your final bill amount is inclusive of GST. GST is a tax applicable on the supply of goods and / or services with effect from July 1st, 2017. GST is levied on the transaction value of goods and / or services supplied. GST is required to be borne / paid by the ultimate consumer of the goods and / or services. If your order is fulfilled on or after July 1st, 2017, GST will be applicable on your orders. GST subsumes all other taxes like Excise duty, VAT, Entry tax etc.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by nuaa designs on an "as is" and "as available" basis. nuaa designs makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, nuaa designs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. nuaa designs does not warrant that this Website, its servers, or e-mail sent from nuaa designs are free of viruses or other harmful components. nuaa designs will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Whilst we try and ensure that the details, descriptions and prices of the products displayed on the Website are accurate, errors may occur. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fulfil any order that you may place based on such erroneous, inaccurate or out-of-date information regarding pricing, shipping, payment terms, or return policies.
To the maximum extent permitted by applicable law, nuaa designs assumes no liability or responsibility for (i) any errors, mistakes, or inaccuracies of content displayed on the Website; (ii) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Website or any product; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Website; and/or (v) any bugs, viruses or the like that may be transmitted to or through our Website by any third party.
In no event shall nuaa designs, its employees, partners, agents, contractors or service providers be liable to you for any direct or indirect losses including any third party claims incurred by you arising from or in any way related to the use of the website or the inability to use or the performance of the Website or the content or material therein
Access to the Website or the content therein may not be legal in certain countries If you access the Website from outside India, you do so at your own risk and you shall be liable to comply with the laws applicable to your jurisdiction.
You agree to defend, indemnify and hold nuaa designs and its affiliates harmless from and against any and all claims, liabilities including attorneys' fees, third party claims arising from or related to your use of the Website including any third party claims, damages, costs and expenses.
- FORCE MAJEURE
nuaa designs will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a "Force Majeure Event"). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following: 1. Strikes, lock-outs or other industrial action. 2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. 4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. 5. Impossibility of the use of public or private telecommunications networks. 6. The acts, decrees, legislation, regulations or restrictions of any government. 7. Any shipping, postal or other relevant transport strike, failure or accidents. Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
- APPLICABLE LAW
Any dispute relating in any way to your visit to nuaa designs.com or to products your purchase through nuaa designs shall be submitted to confidential arbitration in Telangana, India, except that, to the extent you have in any manner violated or threatened to violate nuaa designs's Intellectual Property Rights, nuaa designs may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
- SITE POLICIES, MODIFICATION, AND SEVERABILITY
All notices given by you to us should be given to us preferably via the avenues of contact provided on our "Contact Us” webpage. Nuaa designs may give notice to you via either the email, message, push notification or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our Website or Mobile App, 24 hours after an email is sent, or three days after the date of posting of any letter mailed. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
- QUESTIONS AND FEEDBACK
We welcome your questions, comments and feedback. Please send all questions, comments and feedback to us via the contact information provided on our "Contact Us” webpage.
Shop Nos. 4&5, 2nd Floor, GK’s Pride,
Yapral, On Balaji Nagar Main Road,
Secunderabad - 500087
Last Updated: September 2020