Terms of Service
Terms & Conditions
General
The website https://www.nismaayadecor.in/ 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, as 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 in the terms; the revised terms should be determined by checking the website on a regular basis. 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 shown in the image is a reference product and the new manufactured product can look different from the one shown in the image due to various factors like lighting, manual polish, wood's texture, etc.
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 note that in case of Solid Wood products, slight grains would be visible. There may be a slight variation in finish between the actual product and the 3-D designs which are being displayed on our website.
Services
https://www.nismaayadecor.in/ 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 placed, the Company will ship the product, and the user will be entitled to pay for it.
Eligibility to Use
According to the Indian Constitution, a person under the age of 18 is minor. Services and facilities offered on our website shall not be available for minors. Please note if you are living outside of India then it's your responsibility to make sure whether you are eligible or not for our services.
Persons barred under the laws of India are not permitted to use our services.
The Company reserves the end right to reject or grant the access to a new user or terminate the access of existing users, at any time. Also, the Company shall not be required to furnish any reason for it.
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 at 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 occurred under the account, thus make sure to exit at the end of each session to prevent unauthorized access of your account or breach of security. The Company shall not be responsible for any loss or damage emerged if you fail to obey the terms.
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 rights to suspend or terminate your account.
Product and Pricing Information
The Pricing Information relating to the Product shall be as 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, but typographical and other errors may occur. In the event that 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 Services and contact You for further instructions via 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.
Discount values on various coupons and offers have been rounded off to avoid conflicts due to decimal values in internal calculations. For example: > A value of ₹99.95 will be rounded off to be ₹100
User Obligations
- Your access to the website is a non-exclusive limited privilege, which is subject to compliance with the Terms of Use.
- The Services, Website and the materials offered to a user can only be used for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or relevant jurisdictions.
- You agree to adhere to the limitations on circulation, use and reproduction of any material accessed from us in accordance to the Terms mentioned in the 'Use of Material' section.
- You agree not to access the website, the material or the services through any other interface, which is not provided by the Company. Use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any other similar process to access or attempt or access the website or content (or any portion thereof) shall be strictly prohibited.
- The Company disclaims all the liabilities arising in relation to 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 be in accordance to 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 virus or similar program 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 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 to it
- Collect or share data about other users
- Use of any device to interfere 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 another, users posted on the website that is illegal to be distributed in such manner;
- Delete any author attributions, legal notices, proprietary designations, labels of the origin of the software contained in the uploaded file
- Infringe code of conduct applicable for to or any particular service
- Breach 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 agree that you are solely responsible for any loss or damage or any breach of your obligations under the terms.
- Acknowledge that Nismaaya Decor is facilitating the products from various vendors. Hence the Company shall not be supposed to be the seller of such services. The Company shall not be responsible for any certifications, warranty or guarantee offered by the vendors.
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. In accordance with the terms, you may:
- Access the material for personal, internal an informational purpose.
- Not alter the material available on the website.
- Not remove any copyright or proprietary notices available on the website.
- The design, layout and look, and feel of the website are protected under intellectual property rights, thus copying of the same shall not be granted here in.
- Unless or otherwise permitted, users are not allowed to download or install any of the software available on the website.
Usage Conduct
- Basic requirements to access and transact on the website, such as computer and Internet connection, shall be the sole responsibility of the user.
- The website should be used for the sensible purpose only, users shall not indulge in activities that are not foreseen by the website.
- Loss or damage arises 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, codes on the website is 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, product, and services.
The Company shall not be liable for any direct, indirect, incidental or consequential damages caused by:
- The use or inability of use of services;
- Unauthorized access to the user's data; and
- Any matter is related to the services.
The Company shall not be liable for delay or inability to use of the website or services, or any information, software and graphics acquired through the website. Further, we are not responsible for 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, 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 damaged 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 obligation.
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 the 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 threating.
- 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 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 set forth 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 a competent jurisdiction, shall not affect other portion 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 to the website. You warrant that:
- Your feedback does not contain any confidential information of you.
- Nismaaya Decor is not committed under 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 photographic evidence must be forwarded at Customer Support within 24 hours of receiving the product. The evidence will be reviewed by our representatives, and a valid damage will be confirmed for a replacement via an email. In case of damaged replacement, the order will be canceled and we will refund the whole amount. Further, you agree that Nismaaya Decor have the final rights to decide whether a product is significantly damaged or not.
- In case of orders pertaining to 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 pertaining to 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 week of the timeline; however, in case of exceptional situations like transport strike, riots, natural calamities (like rains, flood, 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 to keep your products on priority and deliver at earliest as possible. We humbly request your cooperation in 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 in 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, on the exact location in your house where you would want the product to be placed. Instruct the delivery team of 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 to not have any splinters or loose pieces that might hurt your arms. However, the extent of polish in these internal areas may not match with the extent of polish on the external areas.
- Wood, especially hardwoods, have natural physical aspects, such as differing grain patterns and minimal stain 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 months, hardwood products may expand slightly, which might result in some drawers to get stuck. This is completely normal, and you need not worry about it. Minimize the exposure of the product to heat, and when Summer passes, it will return back to the previous form.
Once the product has been delivered to you, and after your inspections, our delivery team has left your premises, Nismaaya Decor won’t be liable to any damage that occurs due to mishandling or rough usage. Any self-mishandled or damage issues reported after successful delivery and installation of the product, will not be considered as company’s responsibility. On such circumstances the customer is 100% accountable for these self-damages caused to the product and shall not receive any replacement or refund from the company. As well any damage on inspection if found due to rigid use or mis-handling will overpass the criteria of refund/replacement or compensations.
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 practice highly specialized and strict quality control measures to ensure that the product is up to our standards even at the time of delivery. In case you do happen to receive a product that has been damaged during transportation, or there is some manufacturing defect, such as, balancing, levelling, finish, paint, fabric, etc., please raise this issue to the delivery personnel at the time of delivery and also contact Customer Support with providing photographic evidence of the said issue. Our team will assess the issue and get back to you within 1-2 business days. Depending on the degree of the damage in question, we shall provide you the 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 refunds process initiation shall be subject to pick up of all cancelled items from Your/customer's premises.
- Post receiving the products back to the warehouse, a refund shall be initiated within 2-3 business days.
- Refund 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 nights trial at Nismaaya Decor work?
The 100 Nights trial starts from the day it is delivered at 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 mattress to Nismaaya Decor. In addition, we recommend trying it for 30 days as a 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 ( hello@nismaayadecor.in) with your order details and issue details. We will assess your request and arrange for a call back to understand the issue and provide 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 invoice 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.
Do we offer 100 nights trial on another bedding accessories too?
No, 100 nights trial is applicable only on the purchase of penguin mattresses. It does not apply to the purchase of other bedding accessories at Nismaaya Decor.
How to claim the 20 years warranty process?
To initiate the claim for 20 years warranty for your mattress, you can drop us a mail at hello@nismaayadecor.in. The mail should contain a clear description of the issue faced with a picture of mattress and a copy of the original invoice.
What is the process after claiming the 20 years 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 mattress.
We do NOT cover the following conditions under the 20 years warranty policy:
- Any staining, soiling, accidental spills, tears or burns, in a fabric and foam.
- Mattress damaged due to misuse.
- Any damages in 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 change 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 years warranty claim. In this situation Nismaaya Decor would not entertain any inspection and will deny warranty claim.
Wallet Terms of Use:
For Sign-Up Bonus Campaign:
Status: Closed
- For Registered User Nismaaya Decor Wallet can be redeemed only 2% of the offered price of a product. For an 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
- Referrer is an existing customer of Nismaaya Decor, and referee is a person with whom the referral link is shared to sign up.
- Referrer can share the referral link with 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 referee, both referrer and 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 and debit card.
- At the time of purchase, 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:
- The ICICI code would be applicable on a minimum spend of Rs. 1,00,000.
- If you find coupons from different websites then we will not be liable for its applicability.
- Our current discount offer is 20% off. The discount keeps varying, depending on the occasional sales.