Terms of Use

At nobrk – Our Passion with Onus, is a proprietary incorporated under the registration acts of India and trading through its website, www.nobrk.com (hereinafter referred to as ‘the Site’) hereby provides that this whole page, together with the additional documents referred therein, were deemed to be the agreed Terms of Use (hereinafter referred to as ‘Terms of Use”) by you entering into a deal with.

Introduction
1. The proprietor through its Site lists out individually or collectively the products that they supply.
2. The supply of the Products ordered by you through the Site is governed by these Terms of Use. Upon entering the Site, you are obliged by these Terms of Use.
3. In these Terms of use, unless the context otherwise requires, the following expression shall have the meaning set out against them;
  1. "Account" means an account that you will need to register for on the Site if you would like to submit an Order on the Site;
  2. "Acknowledgement" means our response to your Order and queries by email;
  3. "Business" means the online business of selling through the Site;
  4. "Business Day" means any day on which banks are open for business other than Saturday, Sunday and gazetted public holidays in India;
  5. "Contract" means your Order of a Product or Products complying with these Terms of Use which we accept in accordance with clause 2 below;
  6. "Customer" means an individual who places an Order on the Site;
  7. "Deal" means the viewing of the Site on the supplies only/until the Purchase Confirmation;
  8. "Minimal Requirement" means your required status in accordance with clause 4 below;
  9. "Purchase Confirmation" means our email to you, confirming the acceptance of your purchase in accordance with clause 7.4 below;
  10. "Liability" has the meaning given to it in clause 14.7 of these Terms of Use;
  11. "Order" means the order submitted by you to the Site to purchase a Product(s) from us;
  12. "You" means the Customer visiting the Site and places an Order;
  13. References to "clauses" are to clauses of these Terms of Use;
  14. The headings are for convenience only and shall not affect the interpretation thereof
  15. Words denoting the singular number only shall include the plural number and vice versa.
  16. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
  17. References to "includes" or "including" or like words or expressions shall mean without limitation.
4. You must always ensure that you adhere our Minimal Requirement which comprises the following;
  1. You must be over 18 years of age on the time of the Contract; and
  2. You must possess a valid credit or debit card issued by any bank that is acceptable by the proprietor; or
  3. You must maintain a valid and active Online Banking Facility with a bank acceptable by the proprietor.
5. You are deemed to be bound with these Terms of Use once the Site is visited but only a successful Deal will form a Contract.
6. Effect
  1. These Terms of Use shall apply to all Orders and Contracts made or to be made by us for the sale and supply of Product's or Services. When you submit an Order to us, give any delivery instruction or accept delivery of the Products, this shall, in any event, constitute your unqualified acceptance of these Terms of Use. Nothing in these Terms of Use affects your statutory rights.
  2. These Terms of Use shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded
  3. No other terms or changes to the Terms of Use shall be binding.
7. Forming a Contract
  1. You can browse through and view the Products/Services and promotions on the Site but an Account need to be registered to place Order, as detailed in clause 4;
  2. Orders or any form of changes must be followed in accordance with the step by step instructions on the Site upon its submission to the Site;
  3. You agree to pay the price of the Product that you ordered where you will then be shown on the Site for the final charges that you ought to pay including taxes, if applicable, and any applicable delivery charges.
  4. Payment for the Product must be in full at the time of ordering byways stipulated in Clause 1.4.2 or 1.4.3 which we require in order to process your Order. Alternate payment modes will be introduced from time to time.
  5. You must be the rightful and legal owner of such methods used as to provide required details of such upon Purchase Confirmation and use of such cards or account must have sufficient funds to cover the proposed payment to us.
  6. We reserve the right to obtain validation of your payment details before providing you with the Product.
  7. A Contract shall be formed and we shall be legally bound to supply the Product to you when we accept your Order. Acceptance shall take place when we expressly accept your Order by email to you, in the form of a document called a "Purchase Confirmation" stating that we are accepting your Order. Our Purchase Confirmation shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your Order. Until the time when we accept your Order, we reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If we or you have canceled your Order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the Product.
  8. If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact our customer care department immediately. However, we cannot guarantee that we will be able to amend your Order in accordance with your instructions.
  9. We try very hard to ensure that the price given to you is accurate, but the price of your Order will need to be validated by us as part of our acceptance procedure.
  10. A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until we have sent a Confirmation of Order in relation to those Products.
  11. You must only submit to us or the Site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
8. Account Opening
  1. You will be required to obtain a valid registered account with the Site to place your Order(s);
  2. You must have a valid and active e-mail when registering on the Site which will be a mode of communication between you and the Site and its personnel. All information, updates, Purchase Confirmation, delivery address confirmation, and other related matters will be reciprocated via the said e-mail;
  3. You also must include valid contact details which inclusive of but not limited to corresponding address, telephone number(s), payment detail(s)and personal details in your application for an Account on the Site. This information will be saved in the Site’s system which will be referred to for every logged in Order(s) placed on the Site;
  4. The provided information may be edited from time to time where an update of such information is deemed necessary;
9. Personal Data Protection
  1. Please refer to our Privacy Policy.
10. Delivery Process
  1. Upon a successful Order, you will be notified through Purchase Confirmation on the registered email address where the items will be delivered;
  2. The Order will be packaged and sealed accordingly in a manner it is deemed fit by the proprietor;
  3. We intend to deliver the Order within the indicated time on the Site but no guarantee for a firm time was entered here;
  4. On delivery of the Product, you may be required to sign for a delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for the delivery. You need to keep the receipt of the delivered Product in case of future discussions with us about it
  5. Please note that it might not be possible for us to deliver to some locations. PO Box address is not accepted. If this is the case, we will inform you using the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
  6. You are required to unseal the Order with extra care to avoid any action that might damage the Order;
  7. All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product.
11. Cancellation
  1. We may cancel a Contract if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
  2. We shall refund in accordance with the Returns & Refunds Policies as stipulated in Clause 13 of this Term.
  3. All Orders confirmed via the Purchase Confirmation will not be allowed to be canceled unless otherwise stated through a written confirmation from our customer care department.
12. Erroneous and imperfect
  1. We at all time ready to warrant you that all Products are manufactured perfectly and will be diligently handled during packing and will be delivered accordingly to the Order and will conform with the published instructions as indicated on the Site;
  2. The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. You hold full responsibility to use the Product in accordance with the published instruction;
  3. Damages and/or discrepancies will be compensated provided that:-
    1. you keep the Product with its condition to be verified by the personnel from the proprietor or its agent;
    2. inform the matter to the customer care department within three (3) days from the day the Product is received;
    3. to provide the delivery note and order number; and
    4. to provide detailed information about the occurred damages.
  4. Any non-compliance of clause 13.3 will not be entertained nor accepted.
  5. All costs for such approved compensation for the return and replacement of the Order will be borne solely by the proprietor;
  6. Notwithstanding the approval of the compensation is sole falls under the discretion of the special panel from the proprietor.
13. Returns and Refunds
  1. We strictly do not allow any returns or refund of the purchased orders.
  2. However, returns can be allowed on case to case basis and under the sole discretion of the special panel of the proprietor only. Any special cases, problems, any issues with products upon received, proof of pictures of products, packaging, and the parcel is required for any action to be taken. Without proof of the picture, the case will not be entertained.
  3. Upon approval of such matter stipulated under clause 8.2, Products are to be returned in compliance of the below:-
    1. All items must be returned in their original condition with all tags attached. Item must be returned in their original packaging including undamaged boxes;
    2. We are unable to accept returns without boxes or with scratched surfaces.
    3. Only returns via courier service are accepted, as we do not honor any walk-ins.
  4. Refunds will be made by means of credit storing in the form of a voucher which will be e-mailed to you. We strictly avoid refunding cash values.
14. Promotional Vouchers
  1. Promotional vouchers and gift cards can always be used as another mode of payment for Products on the Site. The specified details for promotional vouchers are stipulated at clause 1-7 and the specified details for gift vouchers are stipulated at clause 7.
  2. We may email gift and promotional vouchers to you. Subject to clause 8.3 we accept no liability for errors in the email address of the voucher.
  3. In any event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the Site, we are entitled to deactivate your Account and/or require a different means of payment.
  4. We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
  5. Conditions for the redemption of promotional vouchers
    1. From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site.
    2. Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual items may be excluded from voucher promotions.
    3. The credit of a promotional voucher cannot be used to pay for products from third parties other than us.
    4. If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
    5. The credit of a promotional voucher does not accrue interest nor does it have a cash value.
    6. If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
  6. Conditions for the redemption of gift cards
    1. You may purchase gift cards for use on the Site by you or send it as a gift to your friends or loved ones. These gift vouchers will be sent by email.
    2. The credit of a gift card does not accrue interest nor does it have a cash value.
    3. The credit of a gift card cannot be used to pay for products from third parties websites.
    4. If you place an Order for a Product less than the value of the gift card, no refund or residual credit will be returned to you.
    5. An order for a gift card can be canceled by contacting us via email at any time before the gift card has been redeemed. A card is considered to have been redeemed if it is used as payment in placing an Order.
    6. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment.
    7. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one promotional voucher per Order.
  7. Limitation of Liability
    1. This clause prevails over all other clauses and sets forth with our entire Liability, and your sole and exclusive remedies, for:
      1. the performance, non-performance, purported performance or delay in performance of these Terms of Use or a Contract or the Site (or any part of it or them); or
      2. otherwise in relation to these Terms of Use or the entering into or performance of these Terms of Use.
    2. Force Majeure
      1. We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
    3. Advertising
      We shall always maintain and endeavor all relevant regulation on any promotional and advertorial materials on the Site.
    4. General
      1. We shall keep a record of your Order and these Terms of Use until six years after we have accepted your Order. However, for your future reference, we advise you to print and keep a copy of these Terms of Use , your Order, the Acknowledgement and the Confirmation of Order.
      2. No failure or delay by us or you in exercising any right under these Terms of Use or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms of Use or a Contract.
      3. If any clause in these Terms of Use or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms of Use or a Contract shall be capable of continuing in effect without the unenforceable term.
      4. No person who is not a party to these Terms of Use or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms of Use or that Contract its assent to any such term.
      5. These Terms of Use and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Delhi (India) Law. Both we and you hereby submit to the non-exclusive jurisdiction of the Delhi court. All dealings, correspondence, and contacts between us shall be made or conducted in the English language & our location: B-9, Ground Floor, Sector-8, Dwarka, New Delhi 110077
    5. Guarantee and complaints management
      1. We shall perform our obligations under these Terms of Use with reasonable skills and care.
      2. We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms of Use. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant inquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such, it may take longer to resolve such an inquiry or complaint.
      3. In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that we assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five Business Days, please make further inquiries. In rare cases, your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
    6. Notices
      1. Subject as otherwise provided in this Terms of Use, all notices, demands or other communications required or permitted to be given or made hereunder shall be in writing and delivered by prepaid registered post or by electronic mail (email) addressed to the intended recipient thereof at its address set out herein or at its email address set out herein (or to such other address or email address as any party may from time to time notify the others). Any such notice, demand or communication shall be deemed to have been duly served (if given or made by e-mail) immediately or (if given or made by letter) seven (7) days after posting and in proving the same it shall be sufficient to show that the envelope containing the same was duly addressed, stamped and posted.
    7. Amendment to the General Business Terms of Use
      1. We reserve the right to amend these Terms of Use at any time. All amendments to these Terms of Use will be posted online. However, continued use of the Site will be deemed to constitute acceptance of the new Terms of Use.

Discount Vouchers & Gift Cards Policy

“Promotional vouchers” means discount vouchers and gift cards. The specified details for promotional vouchers and gift cards are stipulated in Terms of Use clause 14 respectively. We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher. In any event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a promotional voucher purchase or redemption of that voucher on the Site, we are entitled to deactivate your Account and/or require a different means of payment. We assume no liability for the loss, theft or illegibility of gift or promotional vouchers. Conditions for the redemption of promotional vouchers are as follows.

From time to time we may release promotional vouchers that may be used on the Site, which we will send to you by email. Promotional vouchers can only be redeemed on the Site.
Promotional vouchers are valid for the specified period stated on them only, can only be redeemed once and cannot be used in conjunction with any other promotional vouchers.
The credit of a promotional voucher cannot be used to pay for products from third parties websites.
If you place an Order for a Product less than the value of the promotional voucher, no refund or residual credit will be returned to you.
The credit of a promotional voucher does not accrue interest nor does it have a cash value.
If the credit of a promotional voucher is insufficient for the Order you wish to make, you may make up the difference through payment.
Conditions for the redemption of gift cards
1. You may purchase gift cards for use on the Site by you or send it as a gift to your friends or loved ones. These gift cards will be sent by email.
2. The credit of a gift card does not accrue interest nor does it have a cash value.
3. The credit of a gift card cannot be used to pay for products from third parties websites.
4. If you place an Order for a Product less than the value of the gift card, no refund or residual credit will be returned to you.
5. An order for a gift card can be canceled by contacting us via email at any time before the gift card has been redeemed. A card is considered to have been redeemed if it is used as payment in placing an Order.
6. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment.
7. You may use as many gift cards as you wish in paying for an Order, and gift cards may be used in conjunction with one promotional voucher per Order.