Terms of service

Terms & Conditions

 

Welcome to NomadicaWear, an online fashion platform operated by [Trailtrex Pvt Ltd. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and NomadicaWear ("we," "us," "our," "Company," or "NomadicaWear"). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as 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. Notwithstanding 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 Site. These Terms and Conditions ("Terms," "Agreement") govern your access to and use of our website, mobile application, and services (collectively, the "Platform").
By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Platform.

INTRODUCTION

The domain name NomadicaWear.in is registered in the name of Trailtrex Pvt Ltd. which is a registered company under the Companies Act 2013. Its registered office is at                                       NomadicaWear is in the business of selling clothing retail products such as apparel and other related goods and is currently an online store only.
Right To Change
NomadicaWear 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 Web Site.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We process your personal data as per our privacy policy. Click on the link to learn more about our Privacy policies: https:/nomadicawear.in/privacy-policy/ 

USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. NomadicaWear reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, NomadicaWear has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.

As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-Out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails /SMS/MMS shall be subject to change at the sole discretion of NomadicaWear and NomadicaWear owes no responsibility to provide you any information regarding such change.

You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark , copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that NomadicaWear shall in no manner be held responsible for the same.

PRODUCT AND PRICING
Product Information

Products displayed on NomadicaWear attempts to be as accurate as possible. However, NomadicaWear does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by NomadicaWear is not as described, your sole remedy is to contact NomadicaWear within 48 hours of receipt and NomadicaWear vests the right to provide a solution as per its discretion. NomadicaWear is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.

Products displayed/ sold on the NomadicaWear website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

 

Pricing Policy

We strive to provide you with the best prices possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. 

CANCELLATION POLICY

Cancellations by us

Please note that 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 shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all 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 card has been charged, the said amount will be reversed back in your Card Account.

Cancellations by the User

In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation. If the order has been dispatched it won’t be eligible for cancellation.
 
PAYMENT

While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the present limit mutually agreed by you and between your “Bank /s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

All payments made against the purchases /services on nomadicawear.in by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by NomadicaWear. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a full proof online shopping environment to our users.

NomadicaWear may employ Paytm, PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by NomadicaWear which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

Fraudulent /Declined Transactions

We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.

DELIVERY

We endeavour but do not guarantee to deliver the products to Users within 3-4 weeks from the day of close of sale depending upon the shipping location. Other factors include delay in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.

Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.

Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:

(i) unavailability of the relevant product;

(ii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and

(iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.

In the event we are unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option.
For complete terms, please refer to our Shipping and Returns & Exchange Policy.

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, NomadicaWear 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, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to NomadicaWear without obtaining authorization from it.

User shall not upload post or otherwise make available on the Site 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. NomadicaWear does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User 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 Site, User warrants that the owner of such material has expressly granted NomadicaWear 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. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants NomadicaWear, the right to edit, copy, publish and distribute any material made available on the Site by the User. 

INDEMNITY

You agree to defend and indemnify NomadicaWear (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

WARRANTIES & LIABILITY

All information, content, materials, products (including software) and other services included on or otherwise made available to you by NomadicaWear are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. NomadicaWear makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through NomadicaWear, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

NomadicaWear does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.

We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that NomadicaWear shall not be liable for any damages of any kind related to your use of this Website.

Though NomadicaWear shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.

All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. NomadicaWear shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
NomadicaWear will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

DISPUTE RESOLUTION

This agreement shall be construed and the legal relations between YOU and NomadicaWear hereto shall be determined and governed according to the laws of India. If any dispute arises between you and NomadicaWear regarding your use of the Website or Your dealing with NomadicaWear in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Karnataka.

Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

GRIEVANCE

Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to   
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

GOVERNING LAW

These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000

SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

WAIVER

The failure by NomadicaWear to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by NomadicaWear of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

FORCE MAJEURE

Failure on the part of NomadicaWear to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against NomadicaWear or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of NomadicaWear that directly or indirectly hinders or prevents NomadicaWear from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
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These Terms & Conditions were last updated on [Date] and are effective immediately for all new users. Existing users have 30 days from the effective date to review and accept the updated terms.