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Last Updated On April 01,2020

In General

Nirmalatex.com owns and operates this Website. This document governs your relationship with “Nirmalatex.com”. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms and Conditions”). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by Nirmalatex.com. Nirmalatex.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Account Terms

By registering with nirmalatex.com you can access or view the prices and submit purchase orders electronically. You are responsible for using this website in a private and secured manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

Acceptable Use

Prohibitions

You must not misuse this Website. You shall not do any of the following or permit any other third parties to do any of the following:-

  • Commit or encourage a criminal offense (including without limitation); transmit or distribute a Virus, Trojan, Worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and “Nirmalatex.com” will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
  • Post or transit any unlawful, threating, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations.
  • We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
  • Upload, post, publish, transmit, reproduce, or distribute in any way, information, software, or other material which is protected by copyright or other property rights, without obtaining the permission of the copyright owner or right holder. Doing so in any case will be considered as you being the rightful owner or eligible to do so, Nirmalatex.com involvement will be subject to your use.
  • We will not be liable for consequences of your account sharing, including without limitation, letting third party use your account and password.
  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose.

Terms of Sale

By registering on our website you are offering to purchase a product on and subject to the following terms and conditions, whenever place an order. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with nirmalatex.com you must be over 18 years of age and possess a valid credit or debit card or cheque book issued by a bank acceptable to us. “nirmalatex.com.” retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be “nirmalatex.com” or may in some cases be a third party. Where a contract is made with a third party “nirmalatex.com” is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card or cheque or PAN or TIN details used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

1. Our Contract

When you place an order, you will receive an automated e-mail confirming that you agree to buy from us, with a list of the goods or services that you agree to pay for whenever, wherever required. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered will be processed for you and your liability for the goods processed. Only those goods listed in the confirmation e-mail sent at the time of pre-processing will be included in the contract formed. Once the order is confirmed by you, no further changes will be made neither cancellation will happen.

2. Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. Once you have placed an order we will contact you to reconfirm the order which cannot be cancelled then onwards.

Delivery costs and packing expenses will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

3. Payment

Upon receiving your order we will contact you with a list of your ordered product, their prices, quantity requested by you, options for your dispatch and your total monetary liability against the order and request you to pay an advance of 10% against processing the order in the given time frame. Only after you have confirmed the order via a reply to that e-mail and paid the advance money, nirmalatex.com will process your order and become liable for the paid 10%.

By placing an order you agree to pay full payment in advance before the dispatch.

4. After Sale

Once the order is confirmed by you, Nirmalatex.com will process the goods and not act against any cancellation made by you against the same. After the order is processed you will be asked to make the payment in full; only after the full payment has been received by Nirmalatex.com the order will be dispatched.

The products displayed on the website are made from cotton hence there is no guarantee of colour fade, which we consider as acceptable by you if you place an order of such goods and no complaints against it will be considered in any manner whatsoever.

By placing an order you agree that no goods will be returned to Nirmalatex.com after sale nor will any/all of the product be exchanged for any reason and a tolerance of 1% is acceptable by you.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law nirmalatex.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect nirmalatex.com’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Nirmalatex.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to “Nirmalatex.com”.

Indemnity

You agree to indemnify, defend and hold harmless “Nirmalatex.com”, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

“Nirmalatex.com” shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments via our info@nirmalatex.com id and you shall be held answerable if information other than complaints are send to this e-mail id.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and “Nirmalatex.com”. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Nirmalatex.com.