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GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE:
This document is an electronic record as contemplated under section 2(t) of the Information Technology Act, 2000 and the rules thereunder.
www.neofaa.com (“Website”) is owned and operated byFabcuratePrivate Limited (“Neofaa”), a company incorporated under the Indian Companies Act, 1913 vide CIN:U18209GJ2020PTC116649, having its registered office 4th FLOOR, 428/2,428/3,PLOT NO 8, SOMAKANJI NI WADI, KHATODARA UDHANA, SURAT, Surat, Gujarat, 395002
This document (together with the documents mentioned herein) establishes the general terms and conditions that govern the use of the Website (www.neofaa.com) and the purchase of products on it (hereinafter referred to as the "Conditions").
For the purpose of this document, "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visit(s), uses, deals with, and/or transact at the Website in any way.
Accessing, browsing, or otherwise using the website will be construed as the User’s unequivocal and irrevocable acceptance and acknowledgment to the Conditions and binding policies hereof. By using this website, the User declares to have carefully read, understood, and agree to be bound by these Conditions. Neofaa may at its sole discretion allow or disallow access to the website and reserves the right to modify any of the Conditions at any time, without prior intimation to the Users. It is the User’s responsibility to read them periodically, as the Conditions at the time of using the website or concluding of the relevant contract shall be those that apply. Continued use of this Website shall constitute Users' acceptance of the modified Conditions.
The user should have completed 18 years of age and be competent to enter into a contract under Indian contract law. If the User is under 18 years of age who is intending to avail the services of the Website, should do so through its legal guardian in accordance with applicable law.
If the User is using the Website on behalf of any corporation, company, institution, association, or other entity, the User should be authorized by such corporation, company, institution, association, or other entity to use and access the Website.
Neofaa reserves the right to refuse access to use the services offered at the Website to new Users or to terminate access granted to existing Users.
User may be required to register and set up an account (“Account”) for using the Website by furnishing all relevant information relating to the User, as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password. User shall be solely responsible for the accuracy and correctness of all such details/information given by User during registration. If Neofaa has a reason to doubt the correctness of any details/information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as Neofaa deems fit. The relevant information or personal details that the User provides Neofaa shall be processed in accordance with the Data Protection Policies. When the User uses this Website, the User agrees to the processing of the information and details and the User states that all information and details provided are true and correspond to reality.
The User can create one Account only and it is not permitted to transfer or interchange such Account to any other person.
USE OF OUR WEBSITE:
When the User uses this Website and places an order through it, the User agrees to the following:
Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options. User shall be entitled to use a valid credit/debit and/ or any other payment card, online banking facility to make payment against any transaction being effected at the Website. The User undertakes and confirms that he/she would furnish correct, complete, and accurate detail of credit/debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss, and/or damage which may be levied upon the User due to furnishing of wrong detail/ information relating to his/her credit/debit and/ or any other payment cards or online banking accounts.
All payments for purchases made by the User on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Neofaa, the User will be sent a notification by email or SMS at the email address or mobile number provided to Neofaa confirming receipt of payment.
Credit and Debit Card - Neofaa accepts all Visa, Master Card, Maestro, American Express, and Diners cards. The user will be redirected to the User issuing bank's site, where the user will have to follow the instruction to complete the payment.
Users can make payments for an order by using their Net Banking account. User will be redirected to User bank’s site where the User will be able to make payment after entering in User login id and password that is known only to the User.
Payments can sometimes fail or remain in the pending stage. In the event the User faces any payment-related issue, he/she shall try placing the order again or contact their bank or issuer for technical assistance. Neofaa is not liable for any loss or inconvenience caused to the User when making payment or for any wrongful debits to the User’s cards or net banking accounts.
Issuing bank terms and conditions - Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanisms including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.
Requirements of Permanent Account Number (PAN) - For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), the User will be required to upload a copy of its PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by the User will be automatically canceled. The order shall also stand canceled if there is a discrepancy between the User’s name in the account with Neofaa and the name printed on the PAN card.
Invoice will be provided to the user along with the products when delivered.
Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to all applicable taxes including but not limited to GST, duties, cesses, etc.
Shipping Address – The user’s shipping address and pin code will be verified with the database of Neofaa before the User proceeds to pay for its purchase. In the event the order is not serviceable by Neofaa’s logistics service providers or the area is not covered, Neofaa will request the User to provide an alternate shipping address. The User must ensure the payment and shipping address is within India. The User shall be responsible for accepting and collecting the package from the alternative address, once the said alternative address has been submitted by the User. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by the User and Neofaa will have no liability in this regard.
In cases, where the option of pick up from stores in respective location is selected, the pick-up should be made maximum within 10 days from Order Confirmation date, and the receipt evidencing purchase/ order of the product(s) along with an official identity proof shall be produced at the time of pick up post which the order would stand automatically canceled.
Neofaa will endeavor to send the order consisting of the product(s) listed in each Delivery Confirmation prior to the date indicated in the Delivery Confirmation in question or, if no delivery date is specified, in the estimated timeframe indicated when selecting the delivery method and, in any case within a maximum period of 30 days from the date of the Order Confirmation.
Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances or the delivery zone. If for any reason Neofaa is unable to comply with the delivery date, Neofaa will inform the User of that situation and will give the User the option to continue with the purchase, establish a new delivery date, or cancel the order with full reimbursement of the amount paid.
The company may choose to deliver the ordered products to the User through the logistics service providers. For the purpose of effecting the delivery, the delivery person may connect with the user before the delivery. Deliveries cannot be rescheduled after the order has been placed. The said logistics service provider will make a maximum of three  attempts to deliver the User’s order. In case, the User is not reachable, available, or does not accept delivery of products in these attempts, Neofaa reserves the right to cancel the order at its discretion. The User may be informed of such cancellation by email or SMS at the email address or mobile number provided to Neofaa. The User agrees not to hold Neofaa liable for any cancellation.
Title and risk of loss for all products ordered by the User shall pass on to the User upon delivery of the products at the shipping address provided by the User.
Delayed Delivery - Sometimes, the delivery may take longer due to climatic issues, natural calamities, disruption in the supply chains, orders/notifications, etc. issued by statutory authorities / competent authorities, political disruptions, logistics service provider related challenges, product lost in transit, other unforeseen circumstances or event beyond the control of Neofaa or logistics service provider, etc.
If the estimated delivery date has passed and the User has still not received their order, please contact us and we will take steps to track the User’s package. We request the Users to check their emails and SMS regularly for such updates.
Neofaa will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. The User may be informed by email or SMS at the email address or mobile number provided to Neofaa if any product in the order is unavailable or is delayed or lost in transit.
ORDER CANCELLATION POLICY:
Cancellation of an order can be done by us or by you as mentioned herein.
We have the discretion to cancel an order. The reasons for cancellation shall inter alia include without limitation the following:
Notwithstanding anything contained herein, we reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever without any further liability. On such cancellation, you will receive a notification through email or SMS at the email address or mobile number provided to us.
We reserve the right to remove any product from www.neofaa.com at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time. We shall not be liable to you or to any third party for removing any product from this website, for removing or modifying any material or content from the Website, or not processing an order once we have sent you the Order Confirmation.
Availability Of Products:
All product orders are subject to availability. Along this line, if there are difficulties regarding the supply of products or there are no more items left in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value that you may order. If you do not wish to order the substitute products, we will reimburse the amount that you may have paid.
Unless otherwise indicated expressly in these Conditions, our liability regarding any product purchased or received, or acquired on our website shall be limited strictly to the price of the said product.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of this website, unless otherwise indicated expressly on this website.
All product descriptions, information, and materials shown on this website are provided "as is", with no express or implied warranties on the same, except those legally established. In this sense, if the Users are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the contract, being liable to the User for any lack of conformity that exists at the time of delivery. It is understood that the goods are in conformity with the contract if they: (i) comply with the description given by us and possess the qualities that we have presented on this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that may not be excluded legitimately.
Neofaa Limited shall not be responsible for any direct, indirect, consequential, actual, monetary, incidental, etc. or any other kind of damages or losses to the customer or user of the products purchased or acquired through this Website, except the refund of the amount of purchase price of the goods/ products purchased or acquired through this Website.
The User recognizes and agrees that all copyright, registered trademarks, and other intellectual property rights on all materials or contents provided as part of the website belong to Neofaa at all times or to those who grant Neofaa the license for their use. The User may use said material only to the extent that Neofaa or the usage licensers authorize expressly. This does not prevent the User from using this website to the extent necessary to copy the information on the User’s order or contact details.
VIRUSES, PIRACY, AND OTHER COMPUTER ATTACKS :
The User must not make undue use of this Website by intentionally introducing viruses, worms, logic bombs, or any other software or technologically damaging or harmful material. The User shall not attempt to make unauthorized access to this Website, the server on which the site is hosted, or any server, computer, or database related to our Website. The User undertakes not to attack this website through any attack of denial of service or an attack of distributed denial of service. Failure to comply with this Clause shall be considered an infraction as defined under the applicable regulations. We will report any failure to comply with this regulation to the corresponding authorities and we will co-operate with them to determine the identity of the attacker. Likewise, in the event of failure to comply with this Clause, authorization to use this Website shall be suspended immediately. We shall not be held liable for any damage or harm resulting from a denial of service attack, virus, or any other software or technologically damaging or harmful material that may affect the User’s computer, IT equipment, data, or materials as a result of using this website or downloading content from the same or those to which this site redirects the User.
LINKS FROM OUR WEBSITE:
If our website contains links to other websites and third-party materials, said links are provided for information purposes only and we have no control whatever over the content of those websites or materials. Accordingly, we shall not accept any liability for any damage or harm deriving from their use.
The User agrees to indemnify and hold harmless, Neofaa including affiliates, associates and their respective owners, directors, officers, agents, shareholders, and partners from and against all actions, proceedings, claims, losses, damages, and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines, and conditions of Neofaa’s service or Additional terms or these Conditions or Data Protection Policies (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the conclusion or cancellation of the transaction on the Website or the removal or termination of these Conditions.
Neofaa reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines, and conditions of Neofaa’s service or additional terms or these Conditions or the Data Protection Policy (including any modifications thereto or additional notifications or instructions). On such termination, the User’s information and other details shall be black listed by the Website and shall be taken into consideration whenever necessary. Neofaa will terminate the services provided to any User if it is required under any applicable law. Without prejudice, Neofaa reserves its right to terminate the services if such provision of services to the users is not economically viable for Neofaa. Users may choose to discontinue availing services and facilities provided through the Website by closing the User Account with the Website.
On termination of the User Account, the User is not eligible to purchase products through the Website. Once the User’s Account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the Website by the User shall be removed by Neofaa.
MISCELLANEOUS LOCATION-BASED SERVICES:
Basis the permission granted by the User in respect of tracking the location, our Website may use the information from Global Positioning System (GPS) networks, cellular, Wi-Fi, or Bluetooth to determine the User’s approximate location to provide the User, location-based Services.
The lack of requirement on our part for strict compliance on User’s part with any of the obligations assumed by User by virtue of a contract or of these Conditions or a lack of exercising on our part of the rights or actions that correspond to us by virtue of this contract or of the Conditions shall not constitute the waiving or limitation of said rights or actions, nor exonerate the User from fulfilling said obligations. The waiving on our part of a specific right or action shall not constitute the waiving of other rights or actions derived from the contract or from the Conditions. The waiving on our part of any of these Conditions or of the rights or actions derived from the contract shall not take effect unless expressly stipulated that it is a waiving of rights and is formalized and notified to the User. Any delay or waiver of right or remedy by Neofaa under these Terms and Conditions shall not constitute a waiver of any other or further rights and remedies and shall not prevent Neofaa from exercising those rights and remedies subsequently. Any waiver of rights or remedies by Neofaa shall be in writing.
These Conditions and any document referenced in the same constitute the entire Contract between the Parties as regards the purpose of the same, replacing any previous pact, agreement, or promise made between the Parties verbally or in writing. The Parties acknowledge that we have agreed to enter into the Contract without depending on any declaration or promise made by the other Party or that could have been inferred from any statement or document in the negotiations entered into by the two parties prior to said Contract, except those expressly mentioned in these Conditions.
Neither Party shall take any action regarding any untrue statement made by the other Party, verbally or in writing, prior to the date of the Contract (unless said the untrue statement was made fraudulently). The only action that may be taken by the other Party shall be due to breach of contract in accordance with the provisions of these Conditions.
Each of the provisions in these Conditions is severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired thereby.
If any provision of these Conditions is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Conditions will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Conditions will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.
Neofaa in its discretion has the right to assign and transfer any or all of its rights, benefits, and obligations under these Terms and Conditions or a transaction transacted through the Website, to any person.
Neofaa including affiliates, associates, and their respective owners, directors, officers, agents, shareholders, and partners shall have no liability for the non-receipt of the Website’s service messages and notices.
GOVERNING LAW AND JURISDICTION:
For any grievances/ comments / feedback / suggestions / queries, the User may write to us. The coordinates are mentioned below:
Name – Neofaa.com
Email Address- firstname.lastname@example.org
Contact No. - +91 805-805-0045
GRIEVANCE, COMMENTS, FEEDBACK, AND SUGGESTIONS –
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