Terms & Conditions
This document ("Terms and Conditions") is an electronic record in terms of Information Technology Act, 2000 and rules there under is applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Website is owned and operated by Baby & mOm Retail Pvt. Ltd.. By using our Website, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our Website. Baby & mOm Retail Pvt. Ltd. reserves the right to change these Terms and Conditions from time to time without any obligation to inform you, and it is your responsibility to look through them as often as possible. All rights, including copyright, on this Website are owned by or licensed to Baby & mOm Retail Pvt. Ltd.. Any use of this Website or its contents, including copying or storing it in whole or part is prohibited without the permission of Baby & mOm Retail Pvt. Ltd..
If you have any queries about these Terms and Conditions or have any comments or complaints on or about our Website, please email us at firstname.lastname@example.org
Any use/purchase/contract from/with this Website is not intended for users under the age of 18, unless permitted under applicable local laws ("Permissible Age"). Accordingly, by using our Website or agreeing to these Terms and Conditions, you warrant and represent to us that you are of the Permissible Age. We do not knowingly provide any service of the Website from users or solicit information from anyone below the Permissible Age. If we become aware that any person below the Permissible Age is using the Website, we will restrict the access of the Website to such user as soon as possible. If you believe that any person under the Permissible Age is using the Website or we might have any information of a user under the Permissible Age, please contact us at email@example.com
Those who choose to access this Website from outside India are responsible for compliance with applicable national laws and the Indian laws.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically, and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
PRICING AND PAYMENT
Prices throughout the Website are quoted in Indian Rupees (INR). Payment can only be accepted in quoted currency. Prices exclude all indirect taxes including VAT (Value Added Tax)/GST (Goods and Services Tax).
For International deliveries, additional duties and taxes may be applicable for the ordered items as per your country regulations, which will be billed separately to you by the courier company at the time of delivery.
Prices of the products on the Website are subject to change without notice, and can vary from piece to piece, and from time to time, depending on the price of raw materials at the time of production. This simply reflects the market value of the raw materials and may not mean that we have increased our mark-up.
PRICING POLICY FOR ONLINE MERCHANDISE
We are committed to offering shopping convenience, exceptional service and an exciting product selection at competitive prices. Accordingly, the products and prices offered at each may differ. The Website may offer products which are not offered in other portals. One product may be priced differently in the other retail chain than on the Website. Similarly, promotional offers (such as coupons and additional discounts) offered at one may not be used at the others.
All payments on the Website are securely processed through our payment gateway partner. We accept most major credit and debit cards including Visa, MasterCard, RuPay, Mastero and UPI like Paytm, PhonePe and Google Tez. We may accept bank transfers upon special request at our sole discretion. You can contact our customer care for the same. We endeavour to ensure confirmation of ordered item(s), availability and shipping before processing your order transaction. You will be advised by email if we are unable to complete your order.
ORDER OF PRODUCTS
All products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the Terms and Conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.
No act or omission of Baby & mOm Retail Pvt. Ltd. prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order, and email you again to confirm dispatch and therefore acceptance of the order.
We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. Packaging of the product may vary from the packaging of the product displayed on the Website.
All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or divide up orders. We will inform you if we are unable to fulfill your order.
The delivery of your order will be made as per the shipping information of Baby & mOm Retail Pvt. Ltd. available at Delivery Information. Alternatively, you could go to your "Order Status" section and determine the status of your order using your respective tracking number.
- You must provide true, accurate, current and complete information about yourself as prompted by Newish's registration form.
- Upon change or inaccuracy of any information provided by you on the Website, you shall be responsible to promptly inform Baby & mOm Retail Pvt. Ltd..
- To maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Baby & mOm Retail Pvt. Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with these Terms and Conditions, we have the right to indefinitely suspend or terminate your membership and refuse to provide you access to the Website.
- In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), the re-delivery of the same will made as per shipping information available at Delivery Information. You will provide authentic and true information in all instances where such information is requested of you. Baby & mOm Retail Pvt. Ltd. reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Baby & mOm Retail Pvt. Ltd. has the right in its sole discretion to reject the registration and debar you from using the services of the Website and or other affiliated websites without prior notice whatsoever.
- That before placing an order you shall check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale and invitation of offer included in the item's description.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password ‘mining’ or any other illegitimate means.
Baby & mOm Retail Pvt. Ltd. reserves the right, at our sole discretion, to limit the quantity/value of the items purchased by you and such restrictions may be applicable to orders placed by the same account, the same credit/debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. Baby & mOm Retail Pvt. Ltd. reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
You are prohibited from violating or attempting to violate the security of this Website, including, without limitation:
- Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and "flooding," "spamming," "mail bombing" or "crashing."
- Sending unsolicited emails, including promotions and/or advertising of products or services.
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting violations of system or network security may result in civil or criminal liability. Baby & mOm Retail Pvt. Ltd. will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available on this site and other than generally available third party web browsers (e.g., Microsoft Explorer, Google Chrome, Mozilla Firefox).
CANCELLATION BY NEWISH
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional information or verification/s before accepting any order. We will inform you if the entire order or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reverted to your card account.
We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured/ charged. If, however, the same is charged to your card/bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. Baby & mOm Retail Pvt. Ltd. reserves the right to capture/charge your card to the full or partially authorized amount for the concerned order.
CANCELLATION AND CHANGES BY CUSTOMERS
Cancellations, replacements and returns shall be governed by the Return and Exchange policy available at Return | Newish.
It is agreed by you that you will not dispute the decision made by Baby & mOm Retail Pvt. Ltd.and accept the Baby & mOm Retail Pvt. Ltd. decision regarding cancellation, modification or replacement of the order.
SALE AND PROMOTION
All offers for sale on the Website shall be subject to the following conditions:
- The products under sale will be available only till the availability of stock with Baby & mOm Retail Pvt. Ltd.. Duration of sale is in the sole discretion of Baby & mOm Retail Pvt. Ltd. and it reserves the right to extend or terminate the sale, without further information at any point of time.
- The products under the sale may be removed/changed/added by Baby & mOm Retail Pvt. Ltd. and the discounted prices can also be changed, at sole discretion of Baby & mOm Retail Pvt. Ltd..
- Any return or exchange of the products will be as per our return and exchange policy applicable at Return | Newish . In case of any further query regarding the sale, please email customer care at firstname.lastname@example.org.
- Baby & mOm Retail Pvt. Ltd. reserves the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of sale, or to replace, wholly or in part, this promotion by another promotion, whether similar to this promotion or not, or to withdraw it altogether, and Baby & mOm Retail Pvt. Ltd. decision in this regard shall be final and requires no intimation to the customer of any sort.
Sizes are displayed on Product images. While we try to ensure that all sizes on our Website are accurate.
Baby & mOm Retail Pvt. Ltd., together with our licensors, owns the copyright to all the contents of this Website, including images. All trademarks and other intellectual property are owned by or licensed to us (unless otherwise specified).
You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the Website without written consent from us (except as stated below).
You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our contact us page to apply for permission to reproduce the content.
While our Website is as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colours in our images will be rendered correctly on different computer monitors.
You shall not use the Website in any way that will damage it or interrupt its provision. You shall not use the Website to transmit or post any computer viruses.
We cannot guarantee that the Website is free from computer viruses, and you should take your own precautions in this respect.
We will try to make sure that the Website is always available. However, this is not always possible, and we are not liable if the Website is unavailable.
The Website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such Websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these websites.
By accessing the links, you may leave this Website and be directed to an external website, or to a website maintained by an entity other than Baby & mOm Retail Pvt. Ltd.. If you decide to visit any such site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or any other destructive elements. Baby & mOm Retail Pvt. Ltd. makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Baby & mOm Retail Pvt. Ltd. or this Website sponsors, endorses, is affiliated or associated with them. You hereby expressly acknowledge and agree that the linked sites are not under the control of Baby & mOm Retail Pvt. Ltd. and Baby & mOm Retail Pvt. Ltd. is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Baby & mOm Retail Pvt. Ltd. is not responsible for webcasting or any other form of transmission received from any linked site. Baby & mOm Retail Pvt. Ltd. is providing these links to you only as a convenience, and the inclusion of any link shall not be construed to imply endorsement by Baby & mOm Retail Pvt. Ltd. in any manner of the Website.
We take no responsibility for any loss or damage suffered as a result of our ‘order online’ service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention. All purchases from the Website are at your own risk and while making order on the Website, you should apply prudence. Baby & mOm Retail Pvt. Ltd. gives no representation or warranty for your purchase order. However, in some special circumstances, Baby & mOm Retail Pvt. Ltd. at its discretion will consider its liability for your order up to a maximum limit of purchase price of the order.
CHANGES TO THE SITE DISCLAIMER
We reserve the right to change the Site Disclaimer from time to time. If this happens, we will notify you by posting the updated Site Disclaimer on the Website. If you do not wish to be governed by the revised Website disclaimer, you must not use the Website.
This Website disclaimer is governed by the law of India, and you and we agree to use the Delhi jurisdiction if there is any dispute between us. If any part of this Site Disclaimer is found to be invalid by law, the rest of them remain valid and enforceable.
COPYRIGHT & TRADEMARK
Baby & mOm Retail Pvt. Ltd., together with its licensors, reserves all intellectual property rights in all text, programs, products, processes, technology, content, photographs, designs and other materials, which appear on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips, written and other materials that are part of this Website (collectively, the 'Contents') are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Website or any related software. All software used on this Website is the property of the Website or its suppliers and they are protected by Indian and international copyright laws.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with TBA and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners.
Baby & mOm Retail Pvt. Ltd. prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public space. This policy extends to your submissions, postings and all other areas of the Website that another user may view. Please report any violations of this policy for review to the grievance officer mentioned in these terms and conditions.
If a feedback comment; or any communication between users on the Website; or email communication between Users contain profanity, please review our feedback removal policy and submit a request for action/removal.
These Terms and Conditions are effective until and unless terminated by you at any time by informing us in writing at email@example.com that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website.
We may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to the Website. Upon any termination of these Terms and Conditions by either you or Baby & mOm Retail Pvt. Ltd., you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. Our right to any Comments shall survive any termination of these Terms and Conditions. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability against you that may have arisen under the User Agreement.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.
MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
Baby & mOm Retail Pvt. Ltd. reserves the right at any time to modify the Terms and Conditions without any prior notification to you. Subsequent to any such modification of the Terms and Conditions, we will inform you of the modifications in the Terms and Conditions through email at the email address provided by you while registering on the Website. You can access the latest version of the Terms and Conditions at any given time on the Website. You should regularly review the Terms and Conditions on the Website. In the event the modified Terms and Conditions are not acceptable to you, you undertake to discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed and accepted to the modified Terms and Conditions and you undertake to abide by the modified Terms and Conditions.
None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices shall be given by postal mail to Baby & mOm Retail Pvt. Ltd. E-598 Dwarika Sector-7, New Delhi - 110075, India or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of this Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms and Conditions. These Terms and Conditions set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
The Company may terminate these Terms and Conditions at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the user in the event of any conduct by the user which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the user of these Terms and Conditions. Notwithstanding any other provisions of these Terms and Conditions, or any general legal principles to the contrary, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms and Conditions.
LIMITATION OF DAMAGES
In no event shall Baby & mOm Retail Pvt. Ltd. or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if Baby & mOm Retail Pvt. Ltd. is expressly advised of the possibility of such damages.
In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Dwarika Sector- 7, New Delhi - 110075
10:00 AM to 6:15 PM (IST), Mon. to Sat.
Not available on Sundays and Indian national/ public holidays
For questions, please contact us at firstname.lastname@example.org or call on our helpline no. (+91) -8800116630. Helpline numbers are only available between 10.00 am to 6.15 pm (IST), Monday to Saturday and are not available on Sundays and Indian national/ public holidays.