I. Introduction
These terms of payment located at www.naima.com
(“Payment Policy”) constitutes a legal and binding agreement between You
(hereinafter referred to as “You”,
or “Your” or “User(s)” and Fab Flavours and Fragrances
Private Limited (the “Company”),
having its registered office at 14/18 Nangli Sakrawati
Extension, South West Delhi, New Delhi 110043, India and provides, inter
alia, the terms that governs payments for purchase of products on Company’s website
i.e. www.naima.com
(“Website”).
II. Methods of Payment
1. The price displayed on the Website
represents the full retail price (inclusive of all taxes unless specified
otherwise) of the products as may be viewed. You shall pay for such products
using any of such payment options available on the Website.
2. The User shall pay in Indian
Currency (i.e. Indian Rupee, INR). We reserve our right to change the prices of
the products and services and the availability of the same at our sole discretion.
The Company will allow the User to buy the products and services using the
following forms of payments:
(i) Credit Cards;
(ii) Internet Banking;
(iii) Debit Cards;
(iv) Any such digital wallet as may be
displayed on the Website; and
(v) Any other mode of payment as may be
authorized under applicable laws in India and made available on the Website.
III. Terms of Payment
1. You hereby agree and acknowledge,
that payments on the Website for purchasing any products and services can be
made only in India Rupees and all the above payment instruments must have been
issued by entities operating in India and subject to Indian regulations.
2. In case of usage of any
international cards on the Website, the banks applicable exchange rate and
charges will apply. The Company has no jurisdiction on this and any disputes or
queries on exchange rates and bank charges need to be directed to the bank or
institution that issued your card or payment instrument. All orders are
acknowledged at current pricing and our products and services are liable for
applicable tax laws including GST related provisions in India.
3. You agree that Cash on Delivery as a
mode of payment may or may not be always available and accordingly, the Company
reserves the right to intimate You about its unavailability (for any reasons)
at any time during your purchase of any product or services from the Website.
4. Payment made by credit card or any
other mode as mentioned above should be received by us on time. If for any
reason we do not receive payment from the credit card issuer or any agent
involved in any of the above payment modes, You agree that you shall pay all
amounts due upon demand by us.
5. Transactions on the Website are
protected by SSL (Secure Sockets Layer) and Secure Data Encryption using a
1024-bit process. Any information you enter when transacting with the webstore
is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you
against unintentional disclosure to third parties. This is an assurance that it
follows the best security practices adopted by major online vendors where all
payments are processed in real-time for your security and immediate peace of
mind. Any credit card and debit card information is not stored by us and is not
taken by the Company. This information is taken directly by the payment gateway
provided who is authorised and is compliant with the regulations and
requirements of various banks and institutions and payment franchises that it
is associated with.
6. While availing any of the payment
method/s available on the Website, we will not be responsible or assume any
liability, whatsoever in respect of any loss or damage arising directly or
indirectly to You due to:
(i)
Lack of authorization for any
transaction(s);
(ii)
Exceeding the pre-set limit mutually
agreed by You and between the Bank;
(iii)
Any payment issues arising out of
the transaction; or
(iv)
Decline of transaction for any other
reason(s).
7. You understand, accept and agree
that the payment facility provided by the Company is neither a banking nor
financial service but is merely a facilitator providing an electronic,
automated online electronic payment, receiving payment through Cash On
Delivery, collection and remittance facility for the Transactions on the
Website using the existing authorized banking infrastructure and Credit Card
payment gateway networks. Further, by providing payment facility, the Company
is neither acting as trustees nor acting in a fiduciary capacity with respect
to the transaction or the transaction price
8. In case of Cash On Delivery
transactions, refunds, if any, will be made via electronic payment transfers
and in case of electronics payments, refund shall be made through payment
facility using NEFT / RTGS or any other online banking / electronic funds
transfer system approved by Reserve Bank India (RBI).
9. Refunds shall only be made in Indian
Rupees and shall be equivalent to the transaction price received in Indian
Rupees.
10. You hereby
agree that where applicable, You shall comply with all the applicable laws
(including without limitation Foreign Exchange Management Act, 1999 and the
rules made and notifications issued there under and the Exchange Control Manual
as may be issued by Reserve Bank of India from time to time, Customs Act,
Information and Technology Act, 2000 as amended by the Information Technology
(Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules
made there under, Foreign Contribution Regulation Act, 1976 and the rules made
there under, Income Tax Act, 1961 and the rules made there under, Export Import
Policy of government of India) applicable to them respectively for using
payment facility available on the Website.
11. All valid credit card, debit Card
and/or other payment instruments are processed using a payment gateway or
appropriate payment system infrastructure and the same will also be governed by
the terms and conditions agreed to between You and the respective Issuing Bank
and payment instrument issuing company.
12. You agree that while using your
credit, the Visa and MasterCard will require You to submit your 16 (sixteen)
digit credit card number, card expiry date and a 3 (three) or 4 (four) digit
CVV number (on the back of the card), as may be applicable. Accordingly, You
shall be responsible for using the card as per the relevant applicable laws and
in a manner which does not violate any guidelines issued by Your issuing bank
and/or the relevant RBI (Reserve Bank of India) guidelines.
13. All online bank transfers from valid
bank accounts are processed using the gateway provided by the respective
issuing bank which support payment facility to provide these services to the
Users. All such online bank transfers on payment facility are also governed by
the terms and conditions agreed to between You and the respective issuing Bank.
14. The Company cannot confirm the price
of the product until you make the order. If a product or service is listed at
an incorrect price or with incorrect information due to any technical error,
the Company shall have the right, at its sole discretion, to refuse or cancel
any orders placed for that product or service, unless the product has already
been delivered or the service has already been availed by you. In the event
where an item is wrongly priced, the Company may, at its discretion, either
contact you for instructions or cancel your order and notify you of such cancellation.
Unless the product ordered by you has been delivered and the services are
availed, your offer will not be deemed accepted and the Company will have the
right to modify the price of the product/ service and contact you for further
instructions using the e-mail address provided by you during the time of
registration or placing of order, or cancel the order and notify you of such
cancellation. In the event that the Company accepts your order the same shall
be debited to your credit card or debit card account or such payment instrument
as may be used by You, and duly notified to you by email that the payment has
been processed. The payment may be processed prior to Company’s dispatch of the
product that you have ordered. If we have to cancel the order after we have
processed the payment, the said amount will be reversed to your credit or debit
card account or such original mode of payment as may be used by You.
15. You agree to defend, indemnify and
hold harmless the Company, its employees, directors, officers, agents and their
successors and assigns, its holding, subsidiaries, affiliates, partners, or
licensors from and against any and all claims, liabilities, damages, losses,
costs and expenses, including attorney's fees, caused by or arising out of claims
based upon your actions or inactions, which may result in any loss or liability
to the Company or any third party including but not limited to breach of any
warranties, representations or undertakings or in relation to the
non-fulfilment of any of your obligations under this Payment Policy, or arising
out of the your violation of any applicable laws and regulations.
