Terms & Conditions
Accessing, Browsing Or Otherwise Using The Site Indicates Your Agreement To All The Terms And Conditions In This User Agreement, So Please Read This User Agreement Carefully Before Proceeding.
The use of the Website and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. The Purchaser is required to read and accept all of the terms and conditions laid down in this User Agreement before the use of the Website. The Website allows you to browse, select and purchase products available for sale on the Website (Products).
The terms and conditions laid down below in this User Agreement and other rules and policies incorporated herein by reference constitutes a binding agreement between the Purchaser and Nikhils Magic Shop (Company) upon the Purchaser's use of the Website including but not restricted to browsing the Website and clicking on the "Add to Cart" button in any section of the Website (Acceptance). If the Purchaser does not agree or is not willing to be bound by this User Agreement, the Purchaser should not click on the "Add to Cart" button and should not seek to obtain access to or otherwise use the Website.
General Terms of Access
Amendment of User Agreement
The Company reserves the right to change the Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. The Purchaser is advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and the Purchaser agrees that accessing, browsing or using the Website constitutes sufficient notice to the Purchaser for all purposes and such changes to the User Agreement shall be effective from the time that the Company posts the same on the Website.
Eligibility to create account
The Purchaser can use the Website by registering as a member on the Website by submitting identification information/ registration details on the register section of the Website and Accepting the electronic record of the User Agreement and obtaining a unique user name and a secret key as password (Purchaser Account) for using the Website.
This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and undischarged insolvents are not eligible to use the Website.
If the Purchaser represents and is registering as a business entity, by accepting the User Agreement the Purchaser represents that it has sufficient authority under applicable law to enter into the User Agreement and is duly authorized by the business entity to accept this User Agreement and bind that business entity to this User Agreement.
The Purchaser is prohibited from selling, trading, or otherwise transferring the Purchaser Account to another party.
By creating Purchaser Account with the Website, the Purchaser gives permission to the Website and the Company to store details and records of the Purchaser.
The Purchaser shall be solely responsible for maintaining secrecy and confidentiality of the Purchaser's username and password for the Purchaser Account. The Purchaser represents that the Purchaser is responsible for all activities under the Purchaser Account on the Website. The Company, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of the Purchaser's user name and password.
The Purchaser shall provide true, accurate and complete information while registering for the Purchaser Account and/or for any other purpose when prompted to do so on the Website. The Purchaser shall not misrepresent the Purchaser's identity and shall not login/ register using the identity of any other person. The Purchaser shall be responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided is true, accurate, current and complete at all times. If the Company has reasonable grounds to deduce that the information provided by the Purchaser is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block the Purchaser Account and the Purchaser's access to the Website in any manner whatsoever.
The Company and the Website may use the email ID/ mobile number provided by the Purchaser to contact the Purchaser and correspond with the Purchaser. In this regard, the Purchaser consents to receive such correspondence from the Company and the Website on the email ID/ mobile number provided by the Purchaser and that such correspondence shall be deemed adequate service of notice to the Purchaser by the Company and the Website.
By accessing, browsing or otherwise using the Website, the Purchaser agrees to the following:
The Purchaser agrees and undertakes to not host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and which the Purchaser does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- is false, inaccurate or misleading;
- directly or indirectly, offers attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
- links directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force in India including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. The Purchaser shall not promote any website or webpage or link on the Website.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access to the Website and/or the Purchaser Account without any notice and any such violative information that is displayed or submitted on the Website shall be removed immediately.
The Purchaser will not expect the Website to restore or keep a back up of the Purchaser's information and data and shall not hold the Website or the Company accountable for any loss of data under any circumstances.
The Purchaser shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any Products being sold or purchased on the Website. The Purchaser will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
The Purchaser shall not attempt to or circumvent or manipulate any of the obligations conferred on the Purchaser by this User Agreement. If such an attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action by the Company.
In case any transaction or attempted transaction pertaining to any Product listed on the Website which is violative of this User Agreement or applicable laws comes to the Purchaser's knowledge, the Purchaser shall forthwith take all steps to inform the Company of such violation at Nikhil@nikhilsmagicshop.com
If providing feedback on the Website which is visible to other users, the Purchaser shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
The Purchaser shall not place any advertisements on the Website. Further, the Purchaser shall not use the Website to promote the Purchaser's own or any other person's business or interests.
All disputes are subject to Pune jurisdiction only