Terms and Conditions
Terms and Conditions
Use of Site
Smart Gear Technologies Pvt Ltd grants you a limited license to access and make personal use of the site and the service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the site and the framing of any content available through the site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Smart Gear Technologies Pvt Ltd's sole discretion) an unreasonable or disproportionately large load on Smart Gear Technologies Pvt Ltd's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Smart Gear Technologies Pvt Ltd to prevent or restrict access to the site. Any unauthorized use by you shall terminate the permission or license granted to you by Smart Gear Technologies Pvt Ltd.
The http://noamfashion.comservice is not available to minors under the age of 18 or to any users suspended or removed from the system by Smart Gear Technologies Pvt Ltd for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your http://noamfashion.com/account to another party. If you do not qualify, you may not use the http://noamfashion.com/service or the site.
In consideration of your use of the site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Smart Gear Technologies Pvt Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smart Gear Technologies Pvt Ltd has the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof). If you use the site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Smart Gear Technologies Pvt Ltd immediately of any unauthorized use of your account or any other breach of security. Smart Gear Technologies Pvt Ltd reserves the right to refuse service, terminate accounts, or remove or edit content at its sole discretion.
We strive to provide you with the best prices possible on products you buy from Smart Gear Technologies Pvt Ltd; however, Smart Gear Technologies Pvt Ltd does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice. While Smart Gear Technologies Pvt Ltd strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Smart Gear Technologies Pvt Ltd may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Smart Gear Technologies Pvt Ltd will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Smart Gear Technologies Pvt Ltd accepts your order the same shall be debited to your account as may be applicable. The payment may be processed prior to Smart Gear Technologies Pvt Ltd dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, an in-store credit shall be given to your registered account.
Purchases are shipped from our own warehouses. Our endeavour is to make the products reach you within 7 business days from receipt of payment. Order deliveries will be made by our own staff or third party courier or logistics companies usually between 9am – 5pm monday – friday, excluding public holidays. Products will need to be signed for upon delivery and acknowledgement shall be the conclusive evidence that the products are delivered. We take no responsibility for acknowledgement signed by an alternative person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorised by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order. We are not responsible for damage of products after delivery. If you believe that the product is not in good condition, or if the packaging is tampered with or damaged, before accepting delivery of the goods, please refuse to take delivery of the package, and send an email at support@Noamfashion.com mentioning your order reference number. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest. Title and risk of loss for all products ordered by you shall pass on to you upon Smart Gear Technologies Pvt Ltd shipment to the shipping carrier.
Cancellation by Smart Gear Technologies Pvt Ltd
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your account has been charged, an in store credit shall be given to your registered account.
Cancellations by the Customer
In case of requests for order cancellations, Smart Gear Technologies Pvt Ltd reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and in store credit shall be given to you. We will not be able to cancel orders that have already been processed. Smart Gear Technologies Pvt Ltd has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Smart Gear Technologies Pvt Ltd and accept Smart Gear Technologies Pvt Ltd's decision regarding the cancellation.
Fraudulent / Declined Transactions
Smart Gear Technologies Pvt Ltd reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the site fraudulently. Smart Gear Technologies Pvt Ltd reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or omissions in breach of these terms and conditions.
Credit Card / Debit Card / Internet Banking Details
You agree, understand and confirm that the credit/debit/internet banking details provided by you for availing of services on Smart Gear Technologies Pvt Ltd will be correct and accurate and you shall not use the personal details which is not lawfully owned by you. You further agree and undertake to provide the correct details to Smart Gear Technologies Pvt Ltd. Further the said information will not be utilized and shared by Smart Gear Technologies Pvt Ltd with any of the third parties unless required for fraud verifications or by law, regulation or court order. Smart Gear Technologies Pvt Ltd will not be liable for any credit/debit card/internet banking fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
All the information on this website is published in good faith. Any action you take upon the information on our website is strictly at your own risk. We are not liable for any losses and damages in connection with the use of our website. We do not warrant that our products/website or its functioning or the content and material of the products/services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In force majeure events (acts of god), we shall not be responsible for the delivery of the products in time and we shall not be liable for any losses/damages caused to you with respect to the same. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Disclaimer of Warranty
All content, products, and services on the site are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
Other than as required under applicable consumer protection law, under no circumstance will Smart Gear Technologies Pvt Ltd be liable for any loss or damage caused by a user's reliance on information obtained through the site, it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
Limitation of Liability
Smart Gear Technologies Pvt Ltd will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this contract by reason of any event or circumstance outside the reasonable control of Smart Gear Technologies Pvt Ltd, including but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or act of god. You expressly understand and agree that Smart Gear Technologies Pvt Ltd and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Smart Gear Technologies Pvt Ltd has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related services.
This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this agreement. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
You agree to indemnify and hold Smart Gear Technologies Pvt Ltd (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this terms & conditions, or your violation of any law or the rights of a third party.
When you use the site or send emails to Smart Gear Technologies Pvt Ltd, you are communicating with Smart Gear Technologies Pvt Ltd electronically. You consent to receive communications from Smart Gear Technologies Pvt Ltd electronically. Smart Gear Technologies Pvt Ltd will communicate with you by email, sms or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The site or third parties may provide links to other world wide web sites or resources. Because Smart Gear Technologies Pvt Ltd has no control over such sites and resources, you acknowledge and agree that Smart Gear Technologies Pvt Ltd is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Smart Gear Technologies Pvt Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Access to Password Protected / Secure Areas
Access to and use of password protected and/or secure areas of the site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the site may be subject to prosecution.
Modifications and Notification of Changes
The trademarks, logos and service marks ("marks") displayed on the site are the property of Smart Gear Technologies Pvt Ltd and other respective persons. Users are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the world wide web without the written permission of Smart Gear Technologies Pvt Ltd or such third party which may own the marks. All information and content including any software programs available on or through the site ("content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the site for commercial or public purposes.
Smart Gear Technologies Pvt Ltd reserves the right to collect taxes for shipping charges wherever applicable.
Survival of Terms after Agreement Ends
Notwithstanding any other provisions of this terms & conditions, or any general legal principles to the contrary, any provision of this terms & conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this terms & conditions.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Smart Gear Technologies Pvt Ltd may offer special promotional offers which may or may not apply to your Smart Gear Technologies Pvt Ltd account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Smart Gear Technologies Pvt Ltd. This terms & conditions and the relationship between you and Smart Gear Technologies Pvt Ltd will be governed by the laws as applicable in India. The failure of Smart Gear Technologies Pvt Ltd to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Smart Gear Technologies Pvt Ltd does not guarantee it will take action against all breaches of this terms & conditions. Except as otherwise, expressly provided in this terms & conditions, there shall be no third-party beneficiaries to this terms & conditions. This terms & conditions constitutes the entire agreement between you and Smart Gear Technologies Pvt Ltd and governs your use of the site, superseding any prior agreements between you and Smart Gear Technologies Pvt Ltd with respect to the site.
No cash refund shall be given in any case, including but not limited to the following:
(i) return of products in case of defective products/products not as per the original order.
(ii) non-processing of order due to technical errors.
(iii) cancellation of order.
In-store credit shall be given to the customer in above mentioned cases. In store credit means an amount shall be credited to the account of customer(excluding taxes and shipping charges), and the same shall be used by the customer for making their next online purchase on the website. If the customer does not have an account on the website, the same shall be created for getting the in store credit.
To return any item that are discovered damaged or not as per your original order or the size does not fit properly, please contact customer service by email at support@Noamfashion.com. The company shall decide whether the Product shall be replaced or not and the same shall be communicated to you. All defective Products which are not as per order must be accompanied by a copy of the original receipt, a return authorization number. Postage and charges for return of these will not be refunded. Please note that Products shall be in a saleable condition, unused with the product tags and shall be sent through a proper packaging to us. Please allow 7 days from the day we receive the product for your request to be processed. You will be communicated once your return is accepted/rejected. Damages due to neglect, improper usage or application will not be covered under our Returns Policy. Some special rules for promotional offers may override this Policy. In all the cases, company’s decision to replace the product shall be final and binding on you.
Web Money / In-Store Credit
Web money is the credit given to you by Smart Gear Technologies Pvt Ltd in your account on www.Noamfashion.com. This credit can be used to make purchases on http://noamfashion.com/only and shall not be valid anywhere else. The customer has the option to redeem as much credit as he/she wants from his/her account. The remaining amount can be paid using the online payment methods available. The validity of web money shall be one year from the day it was credited to the customers account. Web money cannot be redeemed for cash or cash equivalent and can only be used for purchase of products. Unused web money shall expire on the date of expiry and will be no longer available for the customer's use.
- GENERAL PRINCIPLES
We categorise information about you (collectively referred to as "Personal Information") as follows:
(A) Profiling Information: Information which you provide when you register for a Service, which may include some or all of the following: - Information about your personal identity such as gender, marital status, age, etc.; - Your financial information such as your banking details and any information relating to your income and lifestyle levels; and - Your contact details such as your physical addresses, postal addresses, telephone and fax numbers and the like.
(B) Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers.
(C) Service Usage: Information about your navigation using our Services, for example the URLs of websites, which you visit and from which you request downloads.
(D) Log information: Information such as your web request, IP address, browser type, browser language, date and time of request.
(E) Transactional Information: Transactional history (other than banking details) about your e-commerce activities.
(F) Correspondence Information: Content, information about your correspondents, and the destination/origin of communications between you and any other person using our Services including email communication.
(G) User IDs: Your usernames, passwords, email addresses and other security-related information used by you in relation to our Services.
(H) Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc. We only collect your Personal Information to conduct our business and to enable us to deliver and improve our Services. We do not for any reason whatsoever sell your Personal Information to any third party or otherwise trade on it.
- RIGHT TO COLLECT
2.1 We collect your Profiling and Account Information for the following reasons:
(a) We need your identity details, contact details, banking information and account history to manage our relationship with you and provide Services to you.
(b) We use certain of your information in an aggregated form to compile statistical and demographical profiles for our business and marketing activities. We may disclose such information about you, provided that the information is in an aggregated form that is not capable of being used or interpreted in such a manner as to identify you.
2.2 We collect and store your Service Usage and Transactional Information to:
(a) determine and verify the Service Charges payable by you and to administer our relationship with you.
(b) Comply with any statutory or regulatory requirement.
(c) Compile statistical and demographical profiles about you for our business and marketing activities and to customise our Services to you. While we are entitled to use such information about you for our own internal business purposes without limitation, we will only disclose it in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you; and
(d) monitor your use of our Services for the purposes of ensuring compliance with our Terms of Service.
2.3 We collect and store your Correspondence Information and Personal Identifiers to:
(a) comply with our obligations under law; and
(b) monitor your use of our Services in order to ensure your compliance with our Terms of Service. Any Personal Information which we collect and which we may use in an aggregated format ensuring you are not individually identified is our property. We may use it, in our sole discretion and without any compensation to you, for any legitimate purpose including (without limitation) the commercial sale thereof to third parties. Sometime we use "cookies" so that we can provide you with more customised information when you return to our website. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can set your browser to notify you when you are sent a "cookie", giving you the chance to decide whether or not to accept it. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. You may update your Profiling Information at any time on the website. You acknowledge and agree that in the interests of improving personalisation and Service efficiency, we may, under controlled and secure circumstances, share your Personal Information with our affiliates.
- GENERAL EXCEPTIONS
If we are required to intercept, disclose, monitor and/or store your Personal Information:
(a) by law;
(b) to conduct our business;
(c) to secure our systems; or
(d) to enforce our own rights, we will do so in the manner as prescribed by law. Such interception, disclosure, monitoring and storage may take place without your knowledge. In that case, we will not be liable to you or any third party for any damages howsoever arising from such interception, disclosure, monitoring and storage. In order to ensure that all our Users comply with the Terms of Service, we may monitor your Personal Information to the extent that this may be required to determine compliance and/or to identify instances of non-compliance. To ensure that the security and integrity of our Services are safeguarded, we may monitor your Personal Information. This monitoring may include (without limitation) the filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of spam, viruses and/or unlawful, defamatory, obscene or otherwise undesirable material or content. We may under certain circumstances procure an element of the Services from a third party service provider. To the extent that it may be necessary, and solely for the purposes of providing the Service to you, you agree that we may disclose to such third party any of your Personal Information that may be necessary for the procurement of services from the third party.