Welcome to NovaModa (“we”, “us”, “our”). These Terms & Conditions govern your use of our website at thenovamoda.com (the “Website”) and any purchase of products via the Website or through our services. By accessing the Website or placing an order you (“you”, “your”, “Customer”) agree to be bound by these Terms & Conditions. If you do not agree with any part of these terms, please do not use the Website or place an order.
Definitions
Product(s): means the apparel, clothing items, custom designs and related goods made available by us for purchase.
Order: means your request to purchase Products via the Website according to these Terms.
Retailer / Dealer: in the context of NovaModa’s business (which appears to focus on supplying retailers/distributors) means a business entity that purchases bulk / dealership supply from us.
Customer: means either an individual consumer purchasing via the Website or a retailer/dealer purchasing stock from us, as the context requires.
Use of Website & Eligibility
- You confirm that you are at least 18 years old and able to enter into binding contracts.
- You agree to use the Website in compliance with all applicable laws and regulations.
- We reserve the right to refuse service, cancel orders or limit quantities for any reason, including but not limited to: availability of Products, errors in pricing, or suspicion of fraud or misuse.
Ordering & Contract Formation
- The placement of an Order on the Website constitutes an offer by you to purchase the Products listed in that Order under these Terms.
- We will confirm receipt of your Order via email (Order Confirmation). The contract between you and us comes into force only when we send you a dispatch confirmation (or such other notification) that the Products have been shipped / are being supplied. Until that point, we may cancel or refuse your Order.
- We reserve the right to reject your Order for any reason, including: Product availability, errors in pricing or product information, failure of verification, or inability to deliver to the address provided.
Pricing & Payment
- All prices shown on the Website are in Indian Rupees (INR) unless otherwise stated and are inclusive of applicable taxes unless noted.
- Payment must be made at the time of Order or as otherwise agreed for bulk / dealership accounts.
- We accept payment methods as displayed on the Website (such as credit/debit cards, net banking, UPI, etc).
- We reserve the right to adjust prices at any time, but any change will not affect Orders already accepted by us.
Delivery & Shipping
- Delivery of Products will be to the address you specify in the Order, and the estimated delivery time will be as displayed at time of purchase or notified subsequently.
- Risk of loss or damage to the Products passes to you at the time we deliver the Products to the delivery address.
- Title to the Products passes to you only when we have received payment in full
- In the case of bulk supply or retailer‐partnership orders, specific delivery timelines, minimum quantities, and logistic terms may apply, which we will agree separately.
Returns, Refunds & Cancellations
- You may cancel your Order or return Products subject to our Refund Policy, as published on the Website.
- For Products that are custom‐made, bespoke or tailor-made at your request, or which have been personalised (such as private label branding), returns or cancellations may not be permitted except as required by law.
- If you believe you have received a defective or incorrect Product, please contact us promptly at support@thenovamoda.com (or another specified email) and follow the procedures in our Refund/Return Policy.
- We reserve the right to reject a return or refund request if it does not comply with our return policy (for example:Products not in original condition, missing tags, used/washed, beyond the return period).
- Shipping costs for returns may be borne by you unless otherwise agreed or required by law.
Intellectual Property
- All content on the Website (including text, images, graphics, logos, designs) is our property or the property of our licensors, and protected by applicable intellectual property laws.
- You may view, download and print pages from the Website for your personal, non-commercial use only. Any other use (including reproduction, modification, distribution, transmission) without our prior written consent is strictly prohibited.
- If you submit designs, customisation requests or other user content via the Website, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify, adapt, publish and distribute such content for the purposes of providing our services.
Disclaimers & Limitation of Liability
- We endeavour to ensure that the information on the Website is accurate and up to date. However, we do not guarantee that the Product descriptions, pricing, availability or other content will always be error-free.
- You acknowledge that the use of the Website and purchase of Products is at your own risk. The Products are provided “as is” and “as available” without any warranty of any kind, unless required by law.
- Our total liability to you in connection with any Order or these Terms shall not exceed the amount you paid for the relevant Products. In no event shall we be liable for any indirect, incidental, special or consequential losses (including lost profits, business interruption, loss of data) arising out of or in connection with the Website or Products.
- Nothing in these Terms excludes or limits our liability for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability which cannot be excluded under applicable law.
Indemnity
You agree to indemnify and keep us harmless from any claim, demand, liability, loss, cost or expense (including reasonable legal fees) arising out of:
(i) your breach of these Terms;
(ii) your misuse of the Website;
(iii) your violation of applicable laws or the rights of a third-party.
Privacy
Your personal information will be processed in accordance with our Privacy Policy, which forms part of these Terms by reference. By using the Website and placing an Order you agree to us processing your personal data as described in the Privacy Policy.
Third-Party Links & Services
The Website may contain links to third-party websites, apps or services which are not owned or controlled by us. We are not responsible for such third-party services or their content. You access them at your own risk and you should review their terms and privacy policies.
Governing Law & Dispute Resolution
- These Terms and any contract formed between you and us shall be governed by the laws of India (or the relevant jurisdiction where the business is registered).
- Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts located in [city, state] (you should specify e.g., Uttar Pradesh or wherever your registered office is).
- Prior to initiating formal legal proceedings, you and we agree to attempt good-faith mediation/negotiation for a period of [e.g., 30 days].
Changes to Terms
We reserve the right to modify these Terms at any time. The updated version will be posted on the Website and the “Last updated” date will be revised. Your continued use of the Website or placement of Orders after any changes constitutes your acceptance of the revised Terms.
Miscellaneous
- If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
- Our failure or delay to enforce a right or remedy under these Terms shall not operate as a waiver of that right or remedy.
- These Terms (together with the Privacy Policy and Refund/Return Policy) constitute the entire agreement between you and us in respect of your use of the Website and any Order placed by you.
Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Email: support@thenovamoda.com
Address: [SHOP 7/111
MUKUNDAPUR SWASTIK PLACE,
GR FLOOR KOLKATA
700099]
Phone: +91 82409 77834 / +91 74399 65384