Welcome to www.buynimbarka.com!

This website is owned and operated by NIMBARKA INDUSTRIES PRIVATE LIMITED, a private limited company duly incorporated under and governed by the Companies Act, 2013 and having its registered office at Plot No.: E-289, SECTOR 75, Phase 8-A, Industrial Area, Mohali, Punjab, India-160071. By accessing or using our website, services, products & resources, you agree to adhere to and be governed by the following terms and conditions. If you do not agree to these Terms and Conditions, we would request you to exit this site. We encourage you to review them carefully before continuing.

We retain the right to update or modify the terms and conditions of this Agreement periodically, with or without prior notice. It is your responsibility to review these terms regularly. Your ongoing use of the site following any changes will signify your acceptance of the revised terms and conditions.

We retain the authority to block and permanently deactivate any user account if, in our sole discretion, we determine that the user's actions have violated our fair usage policy or terms and conditions.

1. Revision of T&C

We reserve the exclusive right to update or amend these Terms and Conditions at any time. Any changes will be communicated through a method of our choosing and will be posted on our website. These revisions will take effect immediately upon posting. Continued use of the website following such updates signifies your acceptance of the revised terms and conditions, which will be binding. We recommend reviewing these terms and our other policies regularly to stay informed of any changes.

2. Privacy

The Company is committed to safeguarding your privacy, which is why we have developed a comprehensive Privacy Policy. This policy details how we collect, utilise, handle, process, protect, and store your personal information. For a thorough understanding of our privacy practices, please review the Privacy Policy available on our website.

3. Products

a) Terms of Offer: This website offers a range of products for sale, including full-sized items, samples, and complimentary products. By placing an order for the Products through the website, you acknowledge and agree to be bound by the terms set forth in this T&C. All products and samples available through the site are intended strictly for personal use. Reselling or redistributing these items is prohibited unless expressly permitted by us in writing. We reserve the right, at our sole discretion, to cancel or limit the quantity of any order if we believe it violates our Terms & Conditions.

Please note that we may modify, suspend, or discontinue the availability of any product without prior notice. Additionally, prices for products and services are subject to change at any time without obligation to notify you.

b) Customer Solicitation: By accessing the Website, placing an order, or sharing information, you consent to receive electronic communications from the Company. This includes transactional, promotional, and commercial messages sent periodically or as needed. We may reach out via email, SMS, phone calls, website notifications, or other forms of communication.

c) Opt Out Procedure: We provide easy ways to opt out from future solicitations. To opt out, simply send an email to wecare@buynimbarka.com with your request.

d) Proprietary Rights: All brand names, products, and intellectual property featured on our website are owned and licensed exclusively by the company, its affiliates, partners, or licensors, and are protected under Indian law, including intellectual property regulations. The company retains all proprietary rights and trade secrets related to its products. You are prohibited from copying, reproducing, modifying, republishing, reselling, or redistributing any part of these products. Additionally, the company holds exclusive rights to all trademarks, trade dress, and specific webpage layouts, including call-to-action elements, text placement, images, technology, and other content. Accessing or using our products does not grant any rights to use our trademarks. All trademarks displayed, whether registered or not, remain the intellectual property of the company.

e) Tax: If you purchase any of the products, you will be responsible for paying the taxes in relation to such purchase.

f) Colors: We strive for accuracy in our product descriptions on the website, but cannot guarantee that all details, including colors and content, are entirely correct, complete, or up-to-date. Occasional errors or inaccuracies, including in pricing and availability, may occur. Product images are for reference and may not exactly match the actual item. Due to screen variations, the colors you see may differ slightly from the product's true appearance.

4. Eligibility

To use this Website, you must be at least 18 years old and legally able to enter into binding agreements under the Indian Contract Act, 1872. If you are under 18, you may use the Website only with parental or guardian supervision. You are not permitted to allow others to access your accounts. You are responsible for all activities that occur under any accounts you create on the Website.

5. Website

a) Your Account: You are permitted to create and maintain only one user account ("Account"). You are responsible for keeping your account details, including your password, confidential and ensuring that access to your computer is restricted. You accept full responsibility for all activities that occur under your Account. Any information you provide through the Website is not considered confidential or proprietary and must not infringe on any third-party rights. Accounts are non-transferable and cannot be sold, traded, shared, or combined with other accounts.

If you are using the Website on behalf of another person, you must have the authority to bind them to these Terms and Conditions (T&C). If that person refuses to accept these T&C, you will be liable for any damage caused by improper use of the Website. Should you suspect a breach in the security of your Account, contact us immediately using the provided ‘Contact Information.’ We may require you to change your password or temporarily or permanently suspend your Account if a security breach is detected, without liability to the Company.

We reserve the right to deny service or terminate accounts at our discretion and without prior notice if these T&C are violated or if we determine that it is in the Company's best interest. You are responsible for all content you upload, post, email, or transmit through the Website. Your information will be handled in accordance with our Privacy Policy.

b) Use of Website: The company is not responsible for any damages resulting from use of the website by anyone. You agree not to engage in any illegal activities while using the site. Specifically, you will (a) comply with all relevant local, national, and international laws, including those related to Intellectual Property; (b) avoid disrupting other users' experience; (c) refrain from reselling any website material; (d) not engage in or transmit spam, chain letters, junk mail, or unsolicited communications; (e) not defame, harass, or abuse other users; and (f) avoid any actions that are harmful, harassing, defamatory, pornographic, pedophilic, invasive of privacy, racially or ethnically offensive, propagandistic, or otherwise unlawful.

c) License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, non commercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization of the company or the applicable third party (if third party content is at issue).

d) Posting: By posting, storing, or transmitting content on the Website, you grant the Company a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, copy, display, perform, create derivative works from, distribute, and otherwise manage such content in any medium now known or developed in the future, in accordance with the Company’s privacy policy. The Company cannot control the nature of user-generated content on the Website. You are solely responsible for your interactions with other users and any content you post. The Company is not liable for any harm or damage resulting from user posts or interactions. While the Company reserves the right to monitor and remove objectionable content, it is not obligated to do so. The Company will not be liable for any user-generated content, including errors or omissions, or for any loss or damage incurred as a result of such content. You waive any claims against the Company for alleged or actual infringements of proprietary rights, privacy rights, publicity rights, moral rights, or attribution rights related to user-generated content.

e) Website Security: You are strictly prohibited from engaging in or attempting any activities that compromise the security of the website. This includes, but is not limited to:

• Accessing data that is not intended for you or trying to gain access to accounts that you are not authorized to access.
• Probing, scanning, or testing the system or network's vulnerabilities, or attempting to bypass security authentication without proper authorization.
• Interfering with the service to other users, hosts, or networks through actions such as submitting viruses, overloading, "flooding," "spamming," "mail bombing," or "crashing."
• Sending unsolicited emails, including promotional or advertising content for products or services.

6. Payment Method

Payments on the website can be made using various methods, including credit cards, debit cards, UPI, net banking, digital wallets, QR codes, reward points, and cash on delivery.

7. Cancellation, Refund, and Return Policy

You may cancel your order under specific conditions, provided it is done within three hours of placing the order and before it has been dispatched, whichever comes first. Please note that partial cancellations or cancellations of individual items within an order are not permitted.

To cancel an order, please contact us at +91-774-300-4044 or email us at wecare@buynimbarka.com within three hours of placing it. We cannot process cancellation requests beyond this timeframe due to operational constraints. If you cancel a prepaid order within the specified period, we will issue a full refund. Refunds typically process within 24-48 business hours, starting once your cancellation request is processed.

For hygiene and convenience, we cannot accept cancellations after delivery. Additionally, damages resulting from neglect, improper use, or incorrect application of products are not covered by our policy. Gift kits are not eligible for exchange or refund, and exchanges due to allergic reactions are not permitted.

8. Shipping And Delivery Policy

Your order will be processed within 24 business hours. Standard delivery usually takes 4-5 business days, though in rare cases, it may extend to 10-14 business days. If you receive damaged products, please report them within 48 hours for a full refund or replacement. For incorrect or incomplete orders, notify us within 48 hours so we can address the issue promptly—filming an unboxing video is recommended in these cases. Your satisfaction is our top priority!

9. Disclaimer Of Warranties

Your use of the Website and/or Products are at your own risk. Both the Website and Products are provided on an “as is” and “as available” basis. The Company disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement concerning the Website content or Products, or any reliance on them.

Specifically, the Company makes no warranties regarding:

• - The accuracy, reliability, completeness, or timeliness of the information on the Website;
• - The accuracy, reliability, completeness, or timeliness of links to third-party websites;
• - Any advice or information, whether oral or written, from the Website creating any unwarranted assurances;
• - The results of using Products or that any defects in Products will be rectified.

The presence of any Products or offers on the Website does not guarantee their availability at any time. The Company reserves the right to modify or discontinue any aspect of the Website, including content, availability hours, and access requirements, at any time. Additionally, the Website may stop providing certain information or categories of information. The Company accepts no responsibility and will not be liable for any loss or damage related to your ability or inability to access or use the Website.

10. Limitation Of Liability

The Company disclaims all responsibility and liability related to the Website content and Products, and for any breaches of these T&C. We are not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Website or its content, the cost of acquiring substitute products, any transactions made through the Website, or any alleged lost profits, even if advised of such possibilities. Our total liability shall not exceed the maximum amount allowed by law.

You agree that, to the fullest extent permitted by applicable law, neither the Company nor our affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Website; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party website links on the Website; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of the Company. We make no representations or warranties that defects or errors will be corrected.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Indemnification

You agree to protect, defend, and hold us harmless from any losses, liabilities, claims, damages, costs, and expenses, including legal fees and interest, arising from any breach or failure to meet your commitments under these Terms. This includes any claims related to your representations, warranties, or agreements. Additionally, you agree to cover any damages or costs, including reasonable attorneys’ fees, incurred due to your use of automated tools like software robots, spiders, crawlers, or similar data extraction methods, or any actions that place an undue burden on our systems.

12. Termination

Nimbarka reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have violated any terms or conditions of this Agreement. Upon termination, you will no longer be allowed to use the Website. To prevent unauthorized access after termination, Nimbarka may take any necessary measures. This Agreement will remain in effect indefinitely until Nimbarka decides, in its sole discretion and without prior notice, to terminate it.

13. Governing Law and Jurisdiction

This Website originates from Mohali, India. This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mohali, India shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Nimbarka Industries Pvt. Ltd. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mohali, India.

14. General Clause

• Force Majeure: Nimbarka will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
• Cessation of Operation: Nimbarka may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
• Entire Agreement: This Agreement comprises the entire agreement between you and Nimbarka and supersedes any prior agreements pertaining to the subject matter contained herein.

15. Contact Us

If you have any questions or comments regarding the Products or the Website, you can contact us at:

Email: wecare@buynimbarka.com
Customer Care No.: +91-774-300-4044
Time: Mon-Sat, (10:00AM to 6:00PM)

16. Grievance Officer

The name and contact details of the Grievance Officer are provided below:

Name: NAVIN SAINI
Address: Chamber No. 101 (First Floor), Judicial Courts Complex, Sector-76, SAS Nagar Mohali, Punjab.
Email: wecare@buynimbarka.com
Phone: +91-774-300-4044