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Terms of Service

Kindly carefully read the following terms and conditions. The following terms and conditions must be followed in order for you to utilize our services.
You acknowledge that you have read and comprehended the terms and conditions and that you are willing to be bound by the following statements when you subscribe or use any of our services.


Note: In these Terms, references to 'you', 'your’, ‘user' shall mean the end user accessing the website, and 'we', 'us', 'our', 'Company' shall mean Nismaaya Decor.

 

GENERAL

The website https://nismaayadecor.com/ is an e-commerce portal, owned and operated by the Company. Use of the website is subject to your acceptance without any modifications to all the terms and conditions made by the Company, at its sole discretion and stated on the website.


User will agree to the terms and privacy policy of the Company by:

  • Using the services and facilities provided by the website in any way.
  • Browsing the content on the website.


The Company shall not be required to notify you about the modifications made to the terms; the revised terms should be determined by checking the website regularly. Use of services and facilities on the website is subject to the current version of the policy, hence to know about any updates in the policy shall be the sole responsibility of the user.

 

PRODUCT POLICY


The product pictured is a reference product, and the actual manufactured product may differ from the one pictured for a variety of reasons, including texture, lighting, hand polishing, and wood.


Nismaaya Decor products are available in a fixed set of Finishes. So please discuss the finish you need with our customer support team once in order to receive the best quality product.


Please be aware that small graining may be seen in goods made of solid wood. The real product and the three-dimensional designs that are on our website could differ somewhat in terms of finish.


SERVICES


https://nismaayadecor.com/ provides an Internet based platform to sell their products and merchandise on the website. Such services enable users to purchase home furnishing products upon placing an order. Once an order is placed, the Company will ship the product, and the user will be entitled to pay for it.


ELIGIBILITY TO USE


A person who is younger than 18 is considered a minor in accordance with the Indian Constitution. The services and amenities that are provided on our website are not intended for use by minors. Please be aware that if you live outside of India, it is your obligation to confirm your eligibility for our services.


Users who are prohibited by Indian law are not allowed to utilize our services.
The Company has the authority to deny or approve access to a new user or to discontinue an existing user's access at any point. Furthermore, the Company will not be obliged to justify.


USER ACCOUNT, PASSWORD, AND SECURITY


The website registration process enables a user to access the services. Certain user information is required to create an account on our website. It is the sole responsibility of the user to maintain the confidentiality of the User ID and password received upon completion of the registration. Users are also responsible for any activity that occurs under the account, thus make sure to exit at the end of each session to prevent unauthorized access to your account or breach of security. The Company shall not be responsible for any loss or damage that emerges if you fail to obey the terms.


The user is responsible for the validity of account information provided during the website registration process. In case of submission of untrue, incomplete or inaccurate information the Company has the end right to suspend or terminate your account.


PRODUCT AND PRICING INFORMATION


The pricing information relating to the product shall be displayed on the Website and as disclosed to you at the time of your purchase/order. We do not guarantee that the price will be the lowest for similar products within any given locality, city, region, or geography. Prices and availability are subject to change without notice or any consequential liability to you. While Nismaaya Decor strives to provide accurate information relating to Products and Services including pricing information or availability, typographical and other errors may occur. If a Product or Service is listed at an incorrect price or with incorrect information due to an error, Nismaaya Decor will have the right to modify the price of the Product or Service and contact You for further instructions via the e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Nismaaya Decor cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made.


Nismaaya Decor reserves the right to change the discounts offered at any time during the sale and without prior notice.


The discount numbers on different coupons and offers have been rounded off to prevent conflicts arising from internal calculations using decimal values. As an example, > ₹99.95 will be rounded to ₹100.


USER OBLIGATIONS

  • Your access to the website is a non-exclusive limited privilege that is contingent on compliance with the Terms of Use.
  • The Services, Website, and content provided to users may only be used for the reasons authorized by: (a) the Terms; and (b) any applicable law, regulation, or related authorities.
  • You agree to follow limitations on circulation, use, and repetition of any content obtained from us in line with the Terms listed in the 'Use of content' section.
  • You agree not to access the website, materials, or services using any other interface than the one provided by the Company. The use of a deep link, robot, spider, or other automated device, program, algorithm, or technique, as well as any other similar process, to access or attempt to access the website or its content (or any portion thereof), is banned.
  • The Company disclaims all the liabilities arising concerning offensive, indecent, or otherwise objectionable content that is exposed to a user while accessing the website.
  • The content posted or uploaded on the website should not be offensive and should follow the applicable laws. Users are legally liable for the content they post. Hence you accept not to:

-  Discredit, harass, abuse, or violate the legal rights
-  Impersonate any person or entity, or misrepresent your affiliation with a person
-  Publish, post, or distribute any inappropriate, defamatory, obscene, indecent, or -  unlawful material or information
-  Upload the files, software, or other material protected by intellectual property laws that are not owned by you
-  Upload files containing viruses or similar programs that may damage the website
-  Undertake any activity that disrupts the website, the servers, or networks connected to the website
-  Seek unauthorized access to the system or network or to any server of the website, or any attempt to gain access via illegitimate means such as hacking
-  Scan the vulnerability or breach of the authentication measure of the website or networks connected to the website
-  Harm the website, resources, accounts, servers, networks connected to the  websites, or any links affiliated with it
-  Collect or share data about other users
-  Use of any device to interfere with the working of the website
-  Use of the website content or material that is unlawful. Or to practice any illegal -  activity that violates the rights of the Company
-  Conduct surveys, pyramid schemes, contests, or chain letters
-  Download files of other, users posted on the illegal website to be distributed in such a manner;
-  Delete any author attributions, legal notices, proprietary designations, or labels of the origin of the software contained in the uploaded file
-  Infringe code of conduct applicable for to or any particular service
-  Breach of applicable laws or regulations in force within or outside India and
-  Reverse engineer, copy, dispense, exhibit, reproduce, publish, license, transfer, or sell any information acquired from the Website.

  • You acknowledge that you are solely responsible for any loss or damage, as well as any breach of your responsibilities under these conditions.
  • Understand that Nismaaya Decor is arranging for the items to be delivered from different suppliers. As a result, the Company is not expected to be the one selling these services. Regarding any certificates, warranties, or guarantees provided by the suppliers, the Company shall not be liable.

USE OF MATERIAL

  • The Company grants you a non-exclusive, revocable, non-transferable right to access the product catalog or any other material available on the website.
Following the terms, you may:
- Access the material for personal, internal, and informational purposes.
- Not alter the material available on the website.
- Not remove any copyright or proprietary notices available on the website.
  • The design, layout look, and feel of the website are protected under intellectual property rights, thus copying of the same shall not be granted here.
  • Unless otherwise permitted, users are not allowed to download or install any of the software available on the website.


USAGE CONDUCT

  1. Basic requirements to access and transact on the website, such as computer and Internet connection, shall be the sole responsibility of the user.
  2. The website should be used for the sensible purpose only, users shall not indulge in activities that are not foreseen by the website.
  3. Loss or damage arising out of decaf authorization for a transaction shall not be the liability of the Company.


INTELLECTUAL PROPERTY RIGHTS


The website, texts, graphics, UI, visual interfaces, images, sounds and music, and codes on the website are owned and controlled by Nismaaya Decor and the design, structure, selection, coordination, expression, look-and-feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.


The trademarks, logos, and service marks displayed on the Website are the property of Nismaaya Decor. You are not permitted to use these Marks without the prior consent of Nismaaya Decor.


Nismaaya Decor owns all intellectual property rights to the trademark "The Nismaaya Furndec Pvt. Ltd." and variants thereof, and the domain name, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.


Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining the necessary authorization from Nismaaya Decor.


DISCLAIMER OF WARRANTIES AND LIABILITY


We make sure that all the information posted on the website is correct, however, the Company never warrants the accuracy, quality, and completeness of data, products, and services.


The Company shall not be liable for any direct, indirect, incidental, or consequential damages caused by:

  1. The use or inability to use of services;
  2. Unauthorized access to the user's data; and
  3. Any matter is related to the services.


The Company shall not be liable for delay or inability to use the website or services, or any information, software, and graphics acquired through the website. Further, we are not responsible for the non-availability of the website during periodic maintenance or accidental suspension caused due to technical reasons.


You acknowledge that data obtained from the website is done entirely through your wisdom. Thus you agree that you will be responsible for any damage and loss caused to your computer with such data.


VIOLATION OF THE TERMS OF USE


The Company, in its sole and absolute discretion, may terminate the access to the website of any user in case of violation of the terms or additional terms. You consent to the injunctive or equitable remedy taken by us after the contravention of the terms of use that causes irreparable loss to the Company.


You agree to indemnify and hold harmless Nismaaya Decor, its affiliate, directors, and employees from and against any and all losses, liabilities, damages, claims, and expenses incurred by the Company that emerged of infringement, non-performance of any warranty or obligation performed by you.


Further, you agree to hold the Company harmless against any claims made by any third party due to your use of the website that caused damage to a third party. The Company will also be entitled to redeem from you and you agree to pay any cost and fees of such action.


TERMINATION

  • The term will continue to apply until terminated by you or Nismaaya Decor. Further, you may terminate the agreement by:

- Not accessing the website
- Closing your account on our website

 

  • Nismaaya Decor at its sole and absolute discretion may terminate the terms of use with or without cause at any time if:
  • Terms, conditions, or any policy of the Company, applicable to you is violated.
  • The provision of the services to you becomes unlawful.
  • The provision of the services to you is no longer commercially viable.
  • The Company chooses to discontinue the access to the website, in general or specifically, for you.
  • Termination or suspension due to technical reasons may include, removal of access to the website, deletion of user material(including files and material of user with account information), exclude you from accessing our website.
  • The Company shall not be liable to any third party for such termination.
  • You acknowledge that termination shall not affect your liabilities and obligations.


GOVERNING LAW


Terms, transactions and any mutual claims between you and the Company shall be governed in accordance with the laws of India.


All claims and disputes arising in connection with the website shall be subject to the exclusive jurisdiction of Jaipur, Rajasthan.


REPORT ABUSE


If Nismaaya Decor permits you to post any material from the website, you hereby undertake to ensure that it should not be:

  • Offensive, Abusive, and threatening.
  • Defame the applicable laws and rights.


As per terms, users can be held legally liable for every content or material posted on the website, and legally accountable if the content or material is defamatory or protected by copyright and trademark. In case you come across any abuse or violation of the terms, please report it to our Customer Support.


PRIVACY POLICY


You accept that you have read and fully understand the privacy policy of the website, further, you agree that the terms and conditions of the policy are acceptable to you.


Newsletters and Communication


You agree to receive communication and newsletters via SMS and emails from Nismaaya Decor. To unsubscribe kindly follow the procedure outlined in the Website.


GENERAL PROVISIONS

  • Notice: All notices from the Company will be served either by general notification on the website or via an email to the designated account.
  • Assignment: Rights of the Company, under the terms of use, are freely transferable to any third party without the requirement to ask for your consent.
  • Severability: Provision of the terms, or any portion because of that, found unenforceable by competent jurisdiction, shall not affect other portions of the terms.
  • Waiver: Failure to enforce or exercise any provision of the terms by the Company, shall not constitute a waiver of such provision.
  • Feedback and Information: The Company is free to use the feedback provided by you on the website. You warrant that:

- Your feedback does not contain any confidential information.
- Nismaaya Decor is not committed to any liabilities of confidentiality.
- Under any circumstances, you are not entitled to any compensation for the feedback.

  • Fidelity not guaranteed: Nismaaya Decor hereby disclaims the guarantee of exactness of the appearance or finish of the final product. In case you receive any damaged product, a piece of photographic evidence must be forwarded to Customer Support within 24 hours of receiving the product. The evidence will be reviewed by our representatives, and valid damage will be confirmed for a replacement via email. In case of a damaged replacement, the order will be canceled and we will refund the whole amount. Further, you agree that Nismaaya Decor has the final right to decide whether a product is significantly damaged or not.
  • In case of orders about a standard design as listed on https://www.nismaayadecor.in/ website, with no customization requested, the product(s) listed in the order will enter production irrespective of whether an ODF was sent to the customer or not. Approval for a product will only be asked in case of non-standard customization as requested by the customer.


    HOW DO I TRACK MY ORDER?


    The ideal way to track your order is to sign up at https://www.nismaayadecor.in/ and then visit the order tracking page. Or, as a guest, you can visit the Track Order and enter your Order ID and your Email address or phone number linked with the order. Here, you can check the details of your order, such as Order Confirmation, Manufacturing progress, Quality check, and dispatch details. We always try our best to deliver the product within the specified or communicated time limit. We also proactively get in touch with the customer, either through electronic means or through calls, to notify them about the status of their product and where it is in transit. If, in a rare case, you haven’t received communication of any form from us after 10 days of placing an order, feel free to give us a call at our customer care number or drop an email at Customer Support.


    WHAT IS THE ESTIMATED TIME FOR A DELIVERY?


    Team Nismaaya Decor is dedicated to dispatching your products within 5 to 7 weeks of the timeline; however, in case of exceptional situations like transport strikes, riots, or natural calamities (like rains, floods, earthquakes, etc.), it might happen that the Est delivery time may exceed than the promised timeline. In such situations; you will be given updates about your products, and Nismaaya Decor will be responsible for keeping your products on priority and delivering at earliest as possible. We humbly request your cooperation in the above exceptional situations, as your support is essential to ensure that we continue to keep serving you with high-quality furniture.


    As the custom products are manufactured from scratch on order, so sometimes it can get extended.


    This delivery time is not applicable for some specific pin codes.


    ARE THERE ANY DELIVERY OR INSTALLATION CHARGES, OR ANY HIDDEN FEES?


    No, but the free delivery is only applicable for the very first attempt on a visit to your ship-to address. In case of a missed delivery, (from a customer) an extra visiting charge would be applicable for later installation.


    Product installation will depend upon the delivery condition of the product, which can referenced on the page of individual products before buying. No exception will be made to this rule.


    Wooden Swings are not eligible for installation service in any condition.


    WHAT SHOULD I CHECK WHEN THE PRODUCT IS DELIVERED TO ME?


    When the product has been delivered to your doorstep, please ensure the following:

    • Please check all the external surfaces of your product for any forms of breakages, cracks, chip-offs, unfinished patches, or insect infestations.
    • In case there is some dust deposit, or the product lacks shine, our delivery team will be able to fix this on the spot by applying a coat of wood polish or by rubbing the surface in question with a cloth. Please know that this is an accepted industry-standard way of cleaning the surface or polishing it.
    • If there is a scratch or a crack on the product, raise this issue with the delivery personnel as well as our customer support team. Our carpenter will resolve the issue on the spot, or we will arrange a visit to rectify the issue. If the carpenter fails to resolve the issue, we shall remanufacture the product/part of the product.
    • For all products that inform any form of assembly, please ensure that the delivery team assembles the product, so that you have the peace of mind that everything fits well and is accounted for.
    • For all products that require wall mounting/installation, kindly decide, prior to the delivery of the product, the exact location in your house where you would want the product to be placed. Instruct the delivery team on the same. Please make sure that you have all the necessary approvals for drilling, etc., that may be required for mounting the products on your walls.
    • For all products that are kept on the floor, such as tables and chairs, ensure that the product stands stable and straight. If there happens to be an uneven leg (having less than 5mm of difference), our team will install bushes at the foot of the leg so that the product remains balanced. If the difference of the uneven leg is more than 5mm, we will take the item back and provide a replacement or a repair, based on the extent of the change required.
    • For all forms of seating products, such as sofas, kindly sit on the product to ensure that the whole structure is stable with your weight on it. Also, check the fabrics for any deformities or defects.
    • We make sure that the insides of storage products, such as drawers, are well-finished so as not to have any splinters or loose pieces that might hurt your arms. However, the extent of polish in these internal areas may not match the extent of polish in the external areas.
    • Wood, especially hardwoods, has natural physical aspects, such as differing grain patterns and minimal strain differences. No knots will be present in your product, as these result in structural weakness, and are rejected at the quality control stage. Differing grain patterns and stain differences are generally acceptable on hardwood products.
    • During the summer, hardwood products may expand slightly, resulting in some drawers getting stuck. This is completely normal, and you need not worry about it. Minimize the product's exposure to heat, and when Summer passes, it will return to its previous form.


    Nismaaya Decor will not be liable for any damage caused by mistreatment or hard usage once the product has been delivered to you and our delivery personnel has departed your premises following your inspections. Any self-mishandled or damaged issues reported following the successful delivery and installation of the products will not be considered the company's responsibility. In such cases, the client is solely responsible for the self-damage caused to the goods and will not get a replacement or refund from the firm. Furthermore, any damage discovered during an inspection due to rigorous usage or mishandling will exceed the threshold for refund, replacement, or compensation.

    WILL THE PRODUCT BE EXACTLY AS SHOWN ON THE WEBSITE?


    Nismaaya Decor tries its best to deliver Products and Services exactly the way they are described on the Website. However, the nature and tendency of natural material-based products is that each piece of furniture is unique in its own way. Nismaaya Decor hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by the User over and above generally acceptable standards on the same. The quality of the Products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.


    WHAT IF I RECEIVE A DAMAGED PRODUCT OR THERE IS A MANUFACTURING DEFECT?

    • We use highly sophisticated and tough methods for quality assurance to guarantee that the product meets our expectations even after delivery. If you receive a product that was damaged during transportation or has a manufacturing defect, such as balancing, leveling, finish, paint, fabric, etc., please notify the delivery personnel and contact Customer Support with photographic evidence of the issue. Our staff will investigate the matter and get back to you within 1-2 business days. Depending on the extent of the damage, we will present you with a solution. For issues concerning manufacturing defects, a solution will be provided.
    • Nismaaya Decor shall have the sole right to determine whether the product is defective or not. (also mention specification)


    WHEN WILL I GET A REFUND, IF ELIGIBLE?


    If you are eligible for any refund, the same shall be given to you as per the following guidelines:

    • All refund process initiation shall be subject to pick up of all canceled items from Your/customer's premises.
    • Post receiving the products back to the warehouse, a refund shall be initiated within 2-3 business days.
    • Refunds will be initiated via NEFT, cash, or by the way payment was originally made.
    • Depending on the orders, the processing charges might be deducted.


    NEWSLETTER AND COMMUNICATIONS


    You hereby expressly agree to receive communications and newsletters from Nismaaya Decor by SMS and e-mails. You can unsubscribe/opt-out from receiving communications and newsletters from Nismaaya Decor at any time by following the procedure set forth in the newsletters


    MATTRESS TERMS OF USE:


    HOW DOES THE 100-NIGHT TRIAL AT NISMAAYA DECOR WORK?


    The 100 Nights trial starts from the day it is delivered to your doorstep. In case you decide to return the mattress, at any time before the 100 calendar days, you can get 100% cash back post-return of the mattress to Nismaaya Decor. In addition, we recommend trying it for 30 days as the human spine takes time to get used to a new sleeping surface. After that, if you still find any difficulties, feel free to contact us.


    HOW DOES THE RETURN PROCESS INITIATE?


    Once you finalize to return the mattress, please send us an email ( sales@nismaayadecor.com) with your order details and issue details. We will assess your request and arrange for a call back to understand the issue and provide a resolution.


    HOW WILL WE CONDUCT THE VERIFICATION PROCESS?


    Once we get the return request, we will ask for photos or send our team to check for any stains, damages, or invoices as the mattress should be in the same condition that it was purchased. Nismaaya Decor shall have the sole right to determine whether the mattress is eligible for the refund process. Depending on the observation, we will pick up the mattress and initiate the refund.


    HOW TO CLAIM THE 20 YEARS WARRANTY PROCESS?


    To initiate the claim for a 20-year warranty for your mattress, you can drop us an email at sales@nismaayadecor.com. The mail should contain a clear description of the issue faced with a picture of the mattress and a copy of the original invoice.


    WHAT IS THE PROCESS AFTER CLAIMING THE 20 YEAR WARRANTY?


    Once the claim has been verified, our team will inspect the mattress and look for manufacturing defects in the structure. If the defects are valid, we will repair or replace the mattress.


    Nismaaya Decor 20 years warranty for mattresses covers the following normally used conditions:

    • Sagging, deformity, or shrinkage of more than 1 inch.
    • Split in the foam material or waviness on the surface of the mattress.


    We do NOT cover the following conditions under the 20-year warranty policy:

    • Any staining, soiling, accidental spills, tears, or burns, in a fabric and foam.
    • The mattress was damaged due to misuse.
    • Any damages to the mattress cover, zipper, and unauthorized service during the warranty period.

    Other important terms:

    • The person who has purchased the mattress and has the originally allotted invoice is ONLY eligible for the warranty claim.
    • It is noteworthy that normal changes in softness may occur over a period of time. So, it does not affect the pressure-relieving features of the particular mattress.
    • If the mattress has been in any unhygienic condition, then it is not applicable for the 20-year warranty claim. In this situation, Nismaaya Decor would not entertain any inspection and would deny warranty claims.


    WALLET TERMS OF USE:


    For Sign-Up Bonus Campaign:


    Status: Closed

    1. For Registered Users, the Nismaaya Decor Wallet can be redeemed for only 2% of the offered price of a product. For example, after a successful registration if the Order value is Rs. 1,00,000, no more than Rs. 2000 worth of wallet can be used on the cart. The wallet money for registered users will be valid only till 28th July 2019.

    For Refer & Earn

    • The referrer is an existing customer of Nismaaya Decor, and the referee is a person with whom the referral link is shared to sign up.
    • The referrer can share the referral link with a referee to earn INR 500 in the wallet.
    • The referral link can be shared with multiple contacts.
    • However, only the first 10 contacts to open the link will receive the referral money.
    • After the successful signup by the referee, both the referrer and the referee will get INR 500 in their respective wallets.
    • INR 500 will be reflected in the Nismaaya Decor’s wallet and can only be used from this wallet i.e. it is not transferable to any bank account, credit card, or debit card.
    • At the time of purchase, the referee can’t use the wallet amount at once.
    • Only 2% of the offered price of a product will be deducted from the wallet.
    • Referee should have a unique number and Email ID to signup on the website.


    COUPONS TERMS OF USE:

    1. The ICICI code would be applicable on a minimum spend of Rs. 1,00,000.
    2. If you find coupons from different websites then we will not be liable for their applicability.
    3. Our current discount offer is 20% off. The discount keeps varying, depending on the occasional sales.