Terms of Service

1. ABOUT NIBASU

The website is operated by:

Nibasu Healthtech LLP
Shop 15, Wegman Plaza, Block-H, Sector 18 Rohini
Delhi – 110089, India

Email: support@nibasu.com
Phone: +91-9990849293

In these Terms, "Nibasu", "we", "us" or "our" refers to Nibasu Healthtech LLP.

"You", "your" or "customer" refers to any person who accesses the website or purchases products from us.

Nibasu operates an online retail business offering skincare, cosmetics, beauty, hair-care, personal-care and selected wellness/supplement products.

2. SCOPE OF THESE TERMS

These Terms apply to:

• your use of the Nibasu website;

• browsing and interacting with the website;

• creating an account, where available;

• placing and purchasing products;

• payment for products;

• order processing and fulfilment;

• shipping and delivery;

• cancellations;

• returns and refunds;

• customer reviews and other content submitted by you; and

• any other transaction or interaction with Nibasu through the website.

These Terms should be read together with our:

• Privacy Policy;

• Shipping & Order Cancellation Policy;

• Return Policy; and

• Refund Policy.

Those policies form part of the terms applicable to your purchase where relevant.

If a provision in a separate policy conflicts with these Terms, the more specific policy will generally apply to that particular subject, subject always to any mandatory rights available to you under applicable law.

3. ELIGIBILITY TO USE THE WEBSITE

You may use the website only if you are legally capable of entering into a binding contract under the laws applicable to you.

If you are under the legal age required to purchase a particular product in your jurisdiction, you must not purchase that product without the involvement and authorization of a parent or legal guardian where permitted by law.

You must provide accurate and complete information when placing an order or creating an account.

We reserve the right to refuse, cancel or restrict an order where we reasonably believe that:

• the customer is not legally permitted to purchase the product;

• information provided is false, incomplete or misleading;

• the order appears fraudulent or unauthorized;

• the transaction violates applicable law;

• the product cannot legally be supplied to the destination; or

• the transaction creates an unreasonable compliance, safety or regulatory risk.

4. WEBSITE USE

You may use the website only for lawful purposes.

You agree not to:

• use the website for fraudulent or unlawful activities;

• attempt to gain unauthorized access to the website or its systems;

• interfere with the operation or security of the website;

• introduce malicious software, viruses or harmful code;

• scrape, copy or systematically extract website content without permission;

• use automated systems to place fraudulent or abusive orders;

• impersonate another person or business;

• submit false or misleading information;

• misuse promotional codes or offers;

• interfere with another customer's use of the website; or

• use the website in a manner that could damage Nibasu, its customers, suppliers or service providers.

We may suspend or restrict access to the website where reasonably necessary to protect the website, our business, our customers or our service providers.

5. PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, ingredients, specifications, pricing and other information displayed on the website are accurate and up to date.

However:

• product packaging may differ from photographs;

• manufacturers may update packaging, labels or formulations;

• colours and appearance may vary depending on your screen;

• product availability may change;

• information supplied by manufacturers or suppliers may change; and

• minor differences between website information and physical packaging may occur.

The product packaging and label supplied with the product should be considered the most current source of product-specific information, subject to applicable law.

If a material discrepancy exists between the product received and the product ordered, please contact us promptly.

6. COSMETICS, SKINCARE AND PERSONAL-CARE PRODUCTS

Products sold through Nibasu may include cosmetics, skincare, hair-care and personal-care products.

Unless expressly stated otherwise, these products are intended for their ordinary cosmetic or personal-care purposes and are not intended to diagnose, treat, cure or prevent any disease or medical condition.

Product descriptions, ingredient information and manufacturer claims are provided for general product-information purposes.

You should:

• read the product label and instructions before use;

• review the ingredient list if you have known allergies or sensitivities;

• perform a patch test where appropriate;

• discontinue use if significant irritation or an adverse reaction occurs; and

• seek appropriate medical advice where necessary.

Individual results from skincare and cosmetic products may vary. Nibasu does not guarantee that a product will produce a particular cosmetic or skincare result unless such guarantee is expressly required by applicable law.

7. SUPPLEMENTS AND WELLNESS PRODUCTS

Some products available through the website may be dietary supplements, nutritional products, vitamins, minerals or other wellness products.

Such products are not intended to replace a balanced diet or professional medical advice unless expressly stated otherwise.

You should carefully read the product label, ingredients, warnings, recommended use and applicable restrictions before purchasing or using a supplement.

If you are pregnant, breastfeeding, taking medication, have an existing medical condition, have allergies, or have any other health-related concern, you should seek advice from an appropriately qualified healthcare professional before using a supplement where appropriate.

We do not guarantee that a supplement will produce a particular health outcome.

Product information should not be interpreted as medical advice.

8. PRODUCT AUTHENTICITY AND SOURCING

We take reasonable steps to source products through suppliers, distributors, retailers and other commercial sources that we consider appropriate for our business.

We aim to supply genuine products corresponding to the products described on the website.

However, unless expressly stated and legally warranted, Nibasu does not provide an independent manufacturer warranty or guarantee beyond the rights and remedies available under applicable law.

If you believe that a product received is not genuine, materially differs from the product ordered, or has been improperly represented, please contact us promptly with the order details and supporting information so that we can investigate.

9. PRODUCT AVAILABILITY

All products are subject to availability.

A product displayed on the website may become unavailable before or after an order is placed.

We reserve the right to:

• limit quantities;

• discontinue products;

• modify product specifications;

• restrict products to certain destinations;

• restrict quantities purchased by a customer;

• cancel an order where a product is unavailable; or

• refuse an order where fulfilment is prohibited or impractical.

If we cancel an order after payment has been received because the product is unavailable or cannot legally be supplied, we will process the applicable refund in accordance with our Refund Policy and applicable law.

10. PRICES AND CURRENCY

Prices displayed on the website are based on the currency selected or automatically displayed for your location.

The price applicable to your order is the price displayed at the time you place the order, subject to obvious pricing errors and applicable law.

Prices may change at any time before an order is placed.

Unless expressly stated otherwise, prices may not include:

• customs duties;

• import taxes;

• VAT or sales taxes imposed at import;

• brokerage or customs-clearance charges;

• government charges;

• carrier handling fees; or

• other destination-specific charges.

Where applicable, any such charges will be disclosed or handled in accordance with the checkout process and the applicable shipping arrangement.

For international orders, the customer is responsible for reviewing applicable destination-country requirements and charges where those amounts are not collected or paid by Nibasu.

11. PRICING ERRORS

We make reasonable efforts to ensure that prices are displayed correctly.

If a product is listed at an obviously incorrect price due to a technical, typographical or other error, we may cancel the affected order even if the order has been acknowledged or payment has been processed, to the extent permitted by applicable law.

If an order is cancelled because of such an error, we will provide an applicable refund for amounts already paid.

12. ORDERS

When you place an order through the website, you are making an offer to purchase the selected products at the applicable price and under these Terms.

After you place an order, you may receive an order confirmation or acknowledgement.

An order confirmation does not necessarily mean that the order has been accepted for fulfilment.

We may review an order before accepting it.

An order may be cancelled or declined where reasonably necessary, including where:

• a product is unavailable;

• there is an obvious pricing or product-information error;

• payment cannot be verified;

• the transaction appears fraudulent or unauthorized;

• the delivery address is incomplete or unsupported;

• applicable law restricts the transaction;

• import or export restrictions prevent shipment;

• product-specific regulatory requirements cannot be satisfied; or

• there is another legitimate operational or compliance reason.

Where payment has already been received for an order that we cancel, the applicable refund will be processed in accordance with our Refund Policy and applicable law.

13. PAYMENT

Payment must be made using an available payment method displayed at checkout.

Available payment methods may vary depending on your location, currency, order value and payment provider.

Payment may be processed by third-party payment service providers.

By submitting payment information, you confirm that:

• you are authorized to use the selected payment method;

• the information provided is accurate;

• the transaction is authorized by you; and

• you will not use a payment method fraudulently or without authorization.

We do not generally store complete payment-card details on our own systems where payment processing is handled by a third-party payment provider.

Payment providers may apply their own terms, security procedures and privacy policies.

14. PAYMENT AUTHORIZATION AND FRAUD PREVENTION

We may use reasonable payment verification and fraud-prevention measures.

An order may be placed on hold, declined or cancelled where a payment or transaction appears suspicious, unauthorized or inconsistent with our security requirements.

We may request additional information reasonably necessary to verify an order or payment.

We will handle personal information in accordance with our Privacy Policy.

15. PROMOTIONS, DISCOUNTS AND COUPONS

From time to time, Nibasu may offer promotional codes, discounts, special pricing, free products or other promotional benefits.

Unless expressly stated otherwise:

• promotions are subject to their stated terms;

• promotional offers cannot be combined unless expressly permitted;

• a promotion may be limited to specified products, customers, destinations or time periods;

• promotional codes cannot be sold or transferred;

• promotional benefits have no cash value unless required by law; and

• we may withdraw or correct a promotion where there is an obvious error or misuse.

We may cancel an order where a promotional offer has been obtained through fraud, technical abuse or misuse.

Any promotion-specific terms will apply in addition to these Terms.

16. SHIPPING AND DELIVERY

Orders are shipped from India unless otherwise stated.

Our current international shipping arrangements, processing times, estimated delivery periods and cancellation rules are described in our Shipping & Order Cancellation Policy.

Unless otherwise stated for a particular order:

• order processing generally takes approximately 1–3 business days after successful payment and order confirmation;

• standard international transit is generally estimated at approximately 10–15 business days after dispatch; and

• the overall estimated delivery period is generally approximately 11–18 business days from order confirmation.

These are estimates and are not guaranteed delivery dates.

Delivery may be affected by:

• customs clearance;

• import restrictions;

• weather;

• carrier delays;

• public holidays;

• incorrect addresses;

• regulatory inspections;

• destination-country requirements;

• high-volume periods;

• force majeure events; or

• other circumstances outside our reasonable control.

Please refer to the Shipping & Order Cancellation Policy for complete details.

17. INTERNATIONAL ORDERS AND CUSTOMS

Nibasu may accept orders for delivery to the United States, European Union countries, the United Kingdom and other destinations where shipping is available.

International customers acknowledge that products shipped from India may be subject to the laws, regulations and import requirements of the destination country.

Depending on the destination and shipping arrangement, the customer may be responsible for:

• import duties;

• customs duties;

• VAT;

• sales or use taxes;

• customs clearance fees;

• brokerage fees;

• carrier handling charges;

• government charges; or

• other import-related costs.

Where Nibasu collects or pays applicable taxes or import charges as part of the transaction, the applicable arrangement will be indicated at checkout or otherwise communicated to the customer.

Customers are responsible for providing accurate information reasonably required for customs clearance.

Nibasu does not guarantee that every product is permitted to be imported into every country.

Where a destination-country restriction prevents fulfilment, we may cancel the affected order and provide an applicable refund in accordance with our Refund Policy and applicable law.

18. CUSTOMER RESPONSIBILITY FOR IMPORTATION

By placing an international order, you acknowledge that you are purchasing products for delivery to a destination where importation may be subject to local rules.

You should check applicable local requirements before purchasing products that may be regulated, restricted or subject to special import requirements.

This is particularly relevant to:

• supplements;

• ingestible products;

• cosmetics;

• products containing particular ingredients;

• products subject to quantity restrictions; and

• products subject to local registration or notification requirements.

Nibasu does not provide legal, customs, tax or regulatory advice for every destination.

19. CANCELLATION

You may request cancellation of an order before the order is dispatched.

Cancellation requests should be sent to:

support@nibasu.com

Once an order has been dispatched, cancellation may generally no longer be possible.

If you no longer want a dispatched order, you may need to receive the order and use the applicable return process, where permitted by law and our Return Policy.

Refusing delivery or failing to collect a shipment does not automatically constitute an approved cancellation or return.

Any applicable return-to-sender, customs, carrier or handling consequences will be dealt with in accordance with our Shipping, Return and Refund Policies and applicable law.

Mandatory statutory cancellation or withdrawal rights are not affected by this section.

20. RETURNS

Returns are governed by our Return Policy.

Depending on the destination and applicable law, eligible reasons for return may include:

• incorrect product received;

• damaged product;

• defective product;

• materially different product;

• missing product; or

• change-of-mind withdrawal where such right applies.

For hygiene, safety and resale reasons, opened or used cosmetics, skincare and personal-care products may be subject to restrictions on change-of-mind returns where permitted by applicable law.

Nothing in these Terms removes or restricts any mandatory statutory return, withdrawal, guarantee or consumer right.

21. REFUNDS

Refunds are governed by our Refund Policy.

Where a refund is approved, it will generally be processed through the original payment method, subject to payment-provider procedures.

The timing of the credit appearing in your account may depend on your bank, card issuer or payment provider.

Where applicable law requires a different refund method or timeframe, that requirement will prevail.

Customs duties, import taxes, VAT or other charges paid directly by a customer to a customs authority, government agency or carrier may not be refundable by Nibasu where those amounts were not collected by Nibasu.

22. CONSUMER RIGHTS

Nothing in these Terms is intended to exclude, restrict or waive any consumer right, statutory guarantee, right of withdrawal, remedy or protection that cannot lawfully be excluded or restricted.

For customers located in jurisdictions with mandatory consumer-protection laws, those mandatory laws will continue to apply.

For example, eligible EU consumers may have statutory distance-selling and withdrawal rights and legal guarantees that cannot be removed through contractual terms.

Where applicable law provides you with greater rights than those described in our policies, the applicable law will prevail.

23. PRODUCT WARRANTIES

Some products may be accompanied by a manufacturer's warranty or guarantee.

Where a manufacturer's warranty applies, the terms and conditions of that warranty may be determined by the manufacturer.

Nibasu does not provide an additional warranty unless expressly stated on the product page, invoice, order documentation or another written communication.

Nothing in this section limits any statutory warranty or legal guarantee that applies to your purchase.

24. PRODUCT USE AND SAFETY

You are responsible for using products in accordance with:

• product packaging;

• manufacturer instructions;

• warnings;

• recommended usage;

• applicable age restrictions; and

• applicable safety information.

You should not use a product contrary to its labelled or intended use.

If you experience a serious or unexpected reaction to a product, discontinue use where appropriate and seek appropriate professional assistance.

For safety reasons, Nibasu may request information concerning an alleged product defect, adverse reaction or safety issue and may cooperate with manufacturers, regulators, carriers or other relevant parties where necessary.

25. INTELLECTUAL PROPERTY

Unless otherwise stated, the website and its content are owned by or licensed to Nibasu.

This includes, where applicable:

• Nibasu trademarks and branding;

• logos;

• product photographs created or licensed by Nibasu;

• website design;

• text;

• graphics;

• videos;

• page layouts;

• software;

• databases;

• icons;

• marketing materials; and

• other website content.

You may access and use the website for personal, lawful shopping purposes.

You may not reproduce, modify, distribute, sell, publish, publicly display, create derivative works from, or commercially exploit Nibasu website content without prior written permission, except where permitted by applicable law.

Third-party trademarks, logos and product names remain the property of their respective owners.

Nothing on the website grants you ownership of any third-party intellectual property.

26. PRODUCT IMAGES AND THIRD-PARTY BRAND MATERIAL

Some product photographs, descriptions, logos, packaging images and other product materials may be supplied by manufacturers, brand owners, distributors or other authorized commercial sources.

Such materials may remain the intellectual property of their respective owners.

Nibasu uses such materials for legitimate product identification, marketing and ecommerce purposes where we have the applicable right or permission to do so.

If you believe that material displayed on the website infringes your intellectual-property rights, please contact us with sufficient information to identify the relevant material and the rights you claim.

27. CUSTOMER REVIEWS AND USER CONTENT

If the website allows you to submit reviews, photographs, comments, ratings or other content, you are responsible for the content you submit.

You agree that your submission will not:

• be unlawful;

• be fraudulent or misleading;

• infringe another person's intellectual-property rights;

• contain malicious software;

• contain personal information about another person without appropriate permission;

• contain abusive, threatening or defamatory material;

• promote illegal activities; or

• otherwise violate applicable law.

By submitting content, you grant Nibasu a non-exclusive, worldwide, royalty-free right to use, reproduce, display, publish, adapt and distribute the content for legitimate business, marketing and website purposes, subject to applicable law.

You retain ownership of your content.

We may remove or decline to publish content that we reasonably believe violates these Terms or applicable law.

We do not guarantee that customer reviews represent the views or experiences of Nibasu.

28. THIRD-PARTY SERVICES

The website may use third-party services, including:

• payment processors;

• logistics and courier providers;

• analytics providers;

• advertising platforms;

• email and communications providers;

• hosting providers;

• fraud-prevention services;

• customer-support tools; and

• other technology providers.

Your use of certain third-party services may be subject to the third party's own terms and privacy policies.

Nibasu is not responsible for the independent policies, systems or availability of third-party services except to the extent required by applicable law.

Our handling of personal information is described in our Privacy Policy.

29. THIRD-PARTY LINKS

The website may contain links to third-party websites or services.

These links are provided for convenience and do not necessarily constitute an endorsement or recommendation by Nibasu.

We do not control third-party websites and are not responsible for their content, availability, security, policies or practices.

You should review the applicable terms and privacy policies before using a third-party website or service.

30. WEBSITE AVAILABILITY

We aim to keep the website available and functional, but we do not guarantee uninterrupted or error-free access.

The website may occasionally be unavailable due to:

• maintenance;

• software or hardware issues;

• hosting problems;

• security incidents;

• updates;

• technical failures;

• telecommunications problems; or

• circumstances outside our reasonable control.

We may modify, suspend or discontinue all or part of the website at any time, subject to applicable law.

31. ACCOUNTS AND ACCOUNT SECURITY

Where account registration is available, you are responsible for maintaining the confidentiality of your login credentials.

You must notify us if you believe that your account has been accessed without authorization.

You are responsible for activities performed through your account unless you have promptly notified us of unauthorized access or applicable law provides otherwise.

We may suspend or terminate an account where reasonably necessary because of fraud, misuse, security concerns or violation of these Terms.

32. PRIVACY

Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy.

By using the website, you acknowledge that you have been provided access to the Privacy Policy.

The Privacy Policy explains, among other things:

• what information we collect;

• how we use information;

• payment and order information;

• cookies and similar technologies;

• marketing communications;

• international data transfers;

• data retention;

• security measures; and

• applicable privacy rights.

33. MARKETING COMMUNICATIONS

Where permitted by applicable law, we may send promotional communications if you have subscribed to receive them or otherwise provided appropriate consent.

You may unsubscribe from promotional email communications using the unsubscribe mechanism provided in the communication or by contacting us.

Transactional communications relating to your orders, payments, delivery, account or customer-service requests may still be sent where reasonably necessary.

34. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Nibasu will not be responsible for indirect, incidental, special, consequential or punitive losses arising from your use of the website or purchase of products.

This may include, where legally permitted:

• loss of profits;

• loss of business;

• loss of revenue;

• loss of data;

• loss of anticipated savings;

• business interruption; or

• other indirect economic losses.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Nothing in these Terms limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or other liability that applicable law does not permit us to exclude or limit.

For customers whose local laws impose mandatory consumer protections, those protections will prevail.

35. NO EXCLUSION OF STATUTORY PRODUCT LIABILITY

Nothing in these Terms is intended to exclude or restrict mandatory rights relating to defective, unsafe, misdescribed or non-conforming products.

Where applicable law provides a customer with a statutory remedy, guarantee, compensation right or other protection, that protection remains available.

36. INDEMNIFICATION

To the extent permitted by applicable law, you agree to be responsible for losses or reasonable costs incurred by Nibasu arising from your:

• material breach of these Terms;

• fraudulent or unlawful use of the website;

• misuse of the website;

• infringement of third-party intellectual-property rights;

• submission of unlawful or infringing content; or

• violation of applicable law.

This section does not apply to the extent that the relevant loss was caused by Nibasu's own breach of applicable law or other circumstances for which Nibasu is legally responsible.

37. FORCE MAJEURE

Nibasu will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including:

• natural disasters;

• severe weather;

• war;

• terrorism;

• civil unrest;

• epidemics or pandemics;

• government restrictions;

• regulatory changes;

• customs restrictions;

• strikes;

• carrier disruptions;

• transportation failures;

• telecommunications failures;

• power failures;

• cyber incidents;

• supplier disruptions; or

• other events beyond our reasonable control.

Where such an event materially affects an order, we will take reasonable steps to communicate with affected customers and provide any remedy required by applicable law.

38. COMPLIANCE WITH DESTINATION-COUNTRY LAWS

Customers purchasing products for delivery outside India are responsible for complying with applicable laws in the destination jurisdiction.

This includes, where applicable:

• import requirements;

• product restrictions;

• customs declarations;

• taxes;

• age restrictions;

• quantity restrictions; and

• other regulatory requirements.

Nibasu may decline or cancel orders where we reasonably determine that fulfilment would violate applicable law or create an unacceptable regulatory or safety risk.

39. GOVERNING LAW

These Terms are governed by the laws of India, subject to any mandatory consumer-protection laws that apply to you in your country or jurisdiction of residence.

Nothing in this clause is intended to deprive a consumer of mandatory legal rights or protections available under the laws that apply to the consumer.

Where applicable law gives a consumer the right to bring proceedings in their local courts, nothing in these Terms is intended to remove that right.

40. DISPUTE RESOLUTION AND CUSTOMER COMPLAINTS

If you have a complaint or dispute, we encourage you to contact us first so that we can attempt to resolve the matter directly.

You may contact:

Nibasu Healthtech LLP
Shop 15, Wegman Plaza, Block-H, Sector 18 Rohini
Delhi – 110089, India

Email: support@nibasu.com
Phone: +91-9990849293

We will make reasonable efforts to review and respond to customer complaints.

Nothing in this section prevents you from exercising any mandatory statutory right to approach a court, regulator, consumer authority, alternative dispute-resolution body or other competent authority where such right exists.

41. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect:

• changes to our business;

• changes to products or services;

• changes to website functionality;

• legal or regulatory developments;

• changes to payment or shipping arrangements; or

• other operational requirements.

The updated version will be posted on the website with a revised "Last Updated" date.

Changes will generally apply from the effective date stated in the updated Terms.

A change will not retroactively alter rights or obligations relating to an order that has already been completed or entered into, except where required or permitted by applicable law.

42. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally possible.

The remaining provisions will continue to apply.

43. NO WAIVER

If Nibasu does not immediately enforce a provision of these Terms, this does not mean that Nibasu has waived the right to enforce that provision later.

Any waiver must be legally valid and, where appropriate, expressly communicated by Nibasu.

44. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, Shipping & Order Cancellation Policy, Return Policy, Refund Policy and any applicable product-specific terms or promotional terms, constitute the terms governing your use of the website and purchase of products from Nibasu, subject to mandatory applicable law.

45. CONTACT INFORMATION

For questions regarding these Terms, your order or our policies, please contact us:

Nibasu Healthtech LLP

Address:
Shop 15, Wegman Plaza, Block-H, Sector 18 Rohini
Delhi – 110089, India

Email: support@nibasu.com

Phone: +91-9990849293

Website: www.nibasu.com