Terms and Conditions
Please read the following terms and conditions very carefully as your use of our service is subject to your Acceptance of and compliance with the following terms and conditions ("Terms"). www.nerglifestyle.com website ("Website") is an Internet based content and e-commerce portal operated by Lunars lifestyle Pvt. Ltd, a company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. nerglifestyle.com at its sole discretion, reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify nerglifestyle.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. nerglifestyle.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Exactness Not Guaranteed:
nerglifestyle.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the user. The quality of any products, services information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from nerglifestyle.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. nerglifestyle.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
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, nerglifestyle.com 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 nerglifestyle.com without obtaining authorization from nerglifestyle.com. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Disclaimer Of Warranties/Limitation Of Liability:
nerglifestyle.com has endeavored to ensure that all the information on the Website is correct, but nerglifestyle.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall nerglifestyle.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services;(b) unauthorized access to or alteration of the user's transmissions or data;(c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall nerglifestyle.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further,nerglifestyle.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond the control of nerglifestyle.com The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless nerglifestyle.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by nerglifestyle.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at the discretion of nerglifestyle.com.
Title and risk of loss for all products ordered by you shall be passed on to you upon shipment by nerglifestyle.com or via our service provider to the shipping carrier.
nerglifestyle.com will make a maximum of two attempts to deliver your order. In case the customer is not reachable or does not accept delivery of products in these attempts nerglifestyle.com reserves the right to cancel the order(s) at its discretion. An estimated delivery time is displayed on the Order Summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
Sometimes, delivery may take longer due to
4.other unforeseen circumstances
In such cases, we will proactively reach out to you. Please check your emails regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. The customer can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the customer will be refunded back in the account as soon as the order is successfully cancelled.
1. nerglifestyle.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or nerglifestyle.com terminates your use of the Website or any Service, nerglifestyle.com may delete any content or other materials relating to your use of the Service and nerglifestyle.com will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Ernakulum, Kerala.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. nerglifestyle.com does not review the contents in any way before they appear on the Website. nerglifestyle.com does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
Unauthorized Charges on your card:
If you see charges on your credit/debit card for purchases made on nerglifestyle.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable nerglifestyle to begin an investigation.
Cancellation of Fraudulent/Loss to Business Orders:
The customer may be considered fraudulent if any of the following scenarios are met:
1. Customer doesn't reply to the payment verification mail sent by Nerglifestyle
2. Customer fails to produce adequate documents during the payment details verification
3. Misusing another customer's phone number or email.
4. Customer uses invalid email and phone no.
5. Overuse of a voucher code/ promo codes
6. Use of a special voucher not tagged to the email ID used.
7. Customer returns the wrong product
8. Customer refuses to pay for an order
9. Customer is involved in the snatch and run for any order
The customer may be considered loss to business if any of the following scenarios are met:
1. Customer with a very high return rate
2. Invalid/Incomplete address cases
3. Repeated request for monetary compensation for petty issues
* Account for the customers falling in fraudulent or loss to business category may be blocked.
Cancellation of Bulk Orders:
nerglifestyle.com may cancel any orders that classify as 'Bulk Order' under certain criteria at any stage of the product delivery. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, and any additional criteria as defined by nerglifestyle.com:
1. Products ordered are not for self-consumption but for commercial resale
2. Multiple orders placed for same product at the same address, depending on the product category
3. Bulk quantity of the same product ordered
4. Invalid address given in order details
5. Any malpractice used to place the order
6. Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Process for Pilferage Claim:
If a customer raises a complaint for partial item/partial order through Customer Care:
1. The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained
2.An Email will be sent seeking/providing following information:
A. Short description of the case (A few questions will be asked to help us understand the scenario)
B. The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the customer)
C. The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments
3. The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
A. Customer fails to provide adequate information about the case
B. Customer fails to provide snapshots of the packet and box(if any)
C. If an opened delivery was received, pilferage claims must be made the same day
D. Customer must not dispose the packaging for 3-4 days post delivery. We might need to pick-up your packaging for investigation at our end.
What We Do About Mispricing:
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures. If an item's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter or fill out a form. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or mailing address. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs).
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you).
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions.
- Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
- The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed ‘unsubscribe’ instructions at the bottom of each email.
How do we protect your information?We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
Do we disclose any information to outside parties?We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
We accept payments via Visa, MasterCard or Net banking.
All credit card, Debit Card and net banking transactions are processed over a secure encrypted connection.
If COD option is not available on your address you can always opt for Net Banking or Credit/Debit Card. In case you don't have a Net Banking or Debit Card option, please contact your bank for issuing Debit Card/Credit Card.
In case of a payment failure, please retry ensuring:
Information passed on to payment gateway is accurate i.e. account details; billing address, password (for net banking).
Your Internet connection is not disrupted in the process.
If your account has been debited after a payment failure, it is normally rolled back to your bank account within 7 business days. You can email us on Info@nerglifestyle.com, or please give us a call with your order number for any clarification.
Cash on Delivery (COD) option is not offered by our Courier partners at few serviceable locations. Also, COD option is not available on some of our products. Hence, based on your location and your choice of products, COD option may not be available to you. However, you can always opt for payment through Net Banking or Credit/Debit Card.
- The shipping charge may be charged for any product/products purchased online.
- We ship your orders within 3-6 working days of order placement.
- You can expect your order to be delivered to you in 4-6 working days in major cities and 4 to 8 days for other location.
- You can track your order online once it is dispatched for delivery.
- In the unlikely event we are unable to deliver any items in your order, be assured that you will not be charged for that item in case of Cash on Delivery payment, or full amount charged for the item will be refunded in case of online payments. We are committed to delivering your order accurately, in good condition, and always on time.
Please note our shipping policy as follows:
1. We currently deliver to most cities across India
2. We ship items within 3-5 working days of order placement.
3. In the unlikely event that we are not able to ship your order completely within 3 working days of the order, we shall cancel the remaining unshipped part of the order, and send you an email informing you about the same. In such cases, your payment against the unshipped part of the order shall be refunded, in the manner you have made the payment*.
4. To ensure that your order reaches you in the fastest time and in good condition, we only ship through reputed courier agencies.
5. While we shall endeavor to ship all items in your order together, this may not always be possible due to product characteristics, or availability.
6. If you believe that the product is not in good condition, or if the packaging is tampered with or damaged, please refuses to take delivery of the package, and call our Customer Care or email us at email@example.com, mentioning your order reference number. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest.
7. Please note all items (including gifts) will be shipped with an invoice mentioning the price, as per Indian Tax Regulations.
- Refund/ replacement for goods/ merchandise are subject to inspection and checking by nerglifestyle team.
- Damages due to neglect, improper usage or application will not be covered under our return policy.