Terms of service

 

OVERVIEW
This website (tvahra.com) is is owned and operated by Nyu Twist, having its office at Shop #1, 93, Sobha Hillview Road, Nagegowdanapalya, Bengaluru, Karnataka 560109. Throughout the site, the terms “we”, “us” and “our” refer to Tvahra/Nyu Twist. Nyu Twist offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.For the purpose of this document, "User" / "Users"/”You” shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with and/or transact at the Website in any way.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you have completed 18 years of age and are competent to enter into a contract under Indian contract law.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the website. These products  may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://tvahra.com/policies/refund-policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products  to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products  that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
User may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information relating to the You, as sought on the Website. You shall be solely responsible for the confidentiality of your User Id and Password. You shall be solely responsible for the accuracy and correctness of all such details/information given by You during registration. If we have a reason to doubt the correctness of any details/information furnished by You or in case any information furnished by You is found incorrect, false or misleading then we shall be entitled to cancel or suspend your registration permanently or for such period as deems fit. The relevant information or personal details that you provide shall be processed in accordance with the Data Protection Policies. When you use this Website, you agree to the processing of the information and details and you affirm that all information and details provided are true and correspond to reality, so that we can complete your transactions and contact you as needed. You can create one Account only and it is not permitted to transfer or interchange such Account to any other person.

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

You also agree that we may use this information to contact you in the context of the orders placed, if necessary (Refer the Privacy Policy). You consent to receive communications from us regarding latest offers, exclusive promos, product launches etc. and any other relevant information/ communications. However, you may have an option to opt out to receive the said communication by writing to us at the email address support@tvahra.com.

For more details, please review our:

 Privacy Policy: https://tvahra.com/policies/privacy-policy.

 Refund Policy: https://tvahra.com/policies/refund-policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://tvahra.com/policies/privacy-policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, Indian, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, logic bombs or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) from making any false or fraudulent orders (m) attempt to make unauthorised access to this Website, the server on which the site is hosted or any server, computer or database related to our Website. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will cooperate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this clause, authorisation to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data or materials as a result of using this website or downloading content from the same or those to which this site redirects the User.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tvahra, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the minimum extent permitted by law.

SECTION 14 - PAYMENT TERMS


All payments shall be collected through secured payment options. You shall be entitled to use a valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. You undertake and confirm that you would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may be levied upon you due to furnishing of wrong detail/ information relating to your credit / debit and/ or any other payment cards or online banking accounts.

All payments for purchases on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by us, you will be sent a notification by email or SMS at the email address or mobile number provided to us confirming receipt of payment.

Payments can sometimes fail or remain in the pending stage. In the event of any payment related issue, you shall try placing the order again or contact your bank or issuer for technical assistance. We are not liable for any loss or inconvenience caused when making payment or for any wrongful debits to your payment methods.

All payments will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between you and the respective Issuing Bank and payment instrument issuing company.

Permanent Account Number (PAN) needs to be provided for all purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), within such time as may be prescribed from the date of purchase, failing which, your purchase will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between your name in our account and the name printed on the PAN card.

Invoice will be provided to the User along with the products when delivered or in electronic format over email/SMS/whatsapp.

Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.

  • Cash on Delivery:

By selecting Cash on Delivery (COD) as your payment method, you agree to pay the full amount in cash to the delivery agent upon receipt of your order. Maximum order value for COD is Rs. 5000/- (Rupees Five Thousand only). All payments to be in Indian Rupees only.

We reserve the right to disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts. ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at our discretion.

Your order will be confirmed via email or SMS upon checkout. Please ensure that the contact information provided is accurate and up to date.You might need to validate your actions using OTP.

Please prepare the exact amount specified in your order confirmation email or SMS. Our delivery agents might not carry change to provide cash back. Only single mode of payment might be supported.

Returns for COD orders are subject to our standard return policy. Please refer to our website or contact us for details regarding returns and exchanges.We will not provide any cash refund. Refunds, if any, will be made via electronic payment transfers, details whereof to be provided by the customer. Refer to our refund policy https://tvahra.com/policies/refund-policy.

We reserve the right to modify these terms and conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website.

By using the COD option, you agree to comply with all applicable laws and regulations regarding cash transactions in your jurisdiction.

By proceeding with a Cash on Delivery order, you acknowledge that you have read, understood, and agree to abide by these terms and conditions.

SECTION 15 - DELIVERY

In case you have received an order delivery confirmation, but that order is not delivered, please email us within 48hrs.

Confirmation from the logistics service provider of successful delivery to the shipping address is deemed as acceptance of delivery by and we will have no liability in this regard.

In cases, where the option of pick up from stores in respective location is selected, the pick-up should be made maximum within 5 days from Order Confirmation date and the receipt evidencing purchase/ order of the product(s) along with an official identity proof shall be produced at the time of pick-up post which the order would stand automatically cancelled.

There may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and will give an option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.

We may choose to deliver the ordered products to you through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with you before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of two [2] attempts to deliver your order. In case, you are not reachable, available or do not accept delivery of products in these attempts, we reserve the right to cancel the order at its discretion. You may be informed of such cancellation by email or SMS at the email address or mobile number provided to us. You agree not to hold us liable for any cancellation.

Title and risk of loss for all products ordered by you shall pass to you upon delivery of the products at the shipping address provided.

Delayed Delivery - Sometimes, delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders / notifications etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of our or our logistics service provider etc.

If the estimated delivery date has passed and you have not received the order, please contact us and we will take steps to track your package. We request you to check your emails and SMS regularly for such updates.

"Store Pickup" orders need to be picked up within 2 working days from order confirmation notification for "Cash On Delivery" orders and within 5 working days for pre-paid orders. We reserve the right to cancel any order that is not picked up within the aforesaid timeline and shall deduct any sum from the order amount prior to refund to compensate for the order processing & resources used.

We will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to us if any product in the order is unavailable or is delayed or lost in transit or if the order is cancelled due to no-show for pickup.

SECTION 16 - RETURN & REFUND POLICY

Any return/exchange request should be raised within 48 hours of receipt of the product. 

To be eligible for a return/exchange, the product must be returned in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. 

Returns

At this moment, we do not accept return of product unless it is damaged on receipt or a wrong product is shipped. 

Damages and issues
Please inspect your order upon receipt and contact us immediately if the product is defective, damaged or if you receive the wrong product, so that we can evaluate the issue and make it right.

An unpacking video showing the damage at the time of receipt is necessary to accept the return/exchange.

Exchanges

We support exchanges for size/fit issues at a nominal cost to compensate for the logistic charges. At this moment, each product to be exchanged within India is charged INR 70. In the absence of the required size of the product, you will be credited with a credit note or points that can be used in future purchases. In case you return the goods within the said period, you will only be reimbursed with the amount paid for said products. Delivery charges will not be reimbursed.

Non-returnable / Exchangeable Products
All products cannot be returned or exchanged. Certain types of products cannot be returned, like custom products (such as special orders or personalized products), personal care goods, individual product that is part of a set, products purchased on “Final Sale” and gift cards.

The said period of return will expire after 48 days from the time of receipt of the order.Your right to return/exchange the products shall apply exclusively to the products that are returned in the same condition in which you received them. No reimbursement will be made if the product has been used, for products that are not in the same condition as when they were delivered or if they have been damaged/ tampered. Please return the products including all their original packaging, instructions, and other documents, if any, accompanying the products. In any case, you must send the product to be returned together with the receipt/ invoice that was received when the product was delivered.

Please refer to our Return & Refund Policy for additional details. 

 SECTION 17 - REWARD POINTS

From time to time, we might run promotions to credit reward points based on your purchases or loyalty. We reserve the right to modify/discontinue the reward policies anytime. We will not be held liable for such modification or discontinuation or removal of any existing reward programs or points. We reserve the right to use these reward or credit points against any due that you owe us.

 SECTION 18 - INTELLECTUAL PROPERTY

You recognise and agree that all copyright, trademarks and other intellectual property rights on all materials or contents provided as part of the website belong to Nyu Twist at all times or to those who grant us the license for their use. You may use said material only to the extent that we or the usage licensors authorise expressly. This does not prevent you from using this website to the extent necessary to copy the information on your order or contact details.

 SECTION 19 - FORCE MAJEURE

Notwithstanding anything contained in these Conditions or elsewhere, we shall not be held responsible for performance of its obligations or for any loss, damage to you if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond our control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars etc. issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorised access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption encryption or any event which affects our ability to fulfil our obligations under these Terms and Conditions.

It shall be understood that our obligations deriving from contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, we shall not be responsible or liable to you for non-delivery or non-refund or for any of its obligations during the Force Majeure Event. However, we would make all reasonable efforts and endeavor to fulfill our obligations or to find a solution that enables us to fulfil our obligations by virtue of the contract despite the situation of Force Majeure.


SECTION 20 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tvahra and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 21 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 22 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by Indian law and the courts in Bangalore shall only have exclusive jurisdiction in the event of any disputes.

SECTION 25 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@tvahra.com.
Our contact information is posted below:

NYU TWIST
Address: Shop #1, 93, Sobha Hillview Road, Nagegowdanpallya, Bangalore 560109