- Any reference to Company/Seller shall mean Nirvana India Pvt Ltd (registered office: B1, Extn, A41, Mohan Cooperative Estate, First Floor, New Delhi-110044), who sell or supply protection equipment, clothing and accessories in the course of their trade or business.
- Buyer/Purchaser shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/purchaser unless specified as relating to a trade buyer or consumer buyer individually.
- Goods or equipment shall mean the items detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form.
- Price shall mean the consideration due for purchase and shall include VAT/CST unless otherwise stated. Shipping is currently free in India and Nepal.
- The company reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with the company.
- All guarantees for products are provided entirely by the manufacturer and are subject to terms contained therein.
Limitations Upon Liability
- Advice given by agents or resellers of this company during telephone/Internet orders is based entirely upon information given by the purchaser. Where advice is given by agents or servants of this company, such advice shall amount to an opinion only and the company shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put.
- No liability for failure can be accepted by this company for such alternative use, amendment or modification.
- Compatibility of goods is not guaranteed where modifications or alterations have been made and the company shall, in such circumstances, and at its discretion, issue a refund or credit to the purchaser.
- Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection and report (without the seller replacing the said goods prior to such inspection). The purchaser further confirms that it shall be reasonable for the seller to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The purchaser also accepts that it is reasonable to inform the seller of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow the seller to remedy the defect, failure or interruption. Parts modified or adapted by the purchaser shall no longer be warranted by the manufacturer nor shall the company be liable for any failures resulting subsequent to modification.
- Where modifications or alterations and poor maintenance to goods have been made the company shall accept no liability for death or personal injury unless caused directly by its own negligence.
- No liability is accepted by the company where purchasers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
- The company accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of the company, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
- Not with standing any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
- All times given for despatch are on a best effort basis and while stock is available.
- Shipping is free and a proof of despatch is provided by email to the customer.
- The shipment is tracked to the destination only in India.
- If the delivery has failed to be delivered or collected by the addressee and is returned to the warehouse in New Delhi, then a carriage charge equivalent to 25% of the goods value is chargeable before the goods are re-shipped.
Cancellation of Orders and Liabilites
- A consumer/buyer shall have the right to cancel any contract for goods made in accordance with these Terms and Conditions within 24hrs from the day of placing the order or despatch date. Any order subsequently despatched and returned for refund or cancelled without cause will be subject to a re-stocking, banking and handling charge of 25%. Credit will be issued through the same mode of payment used at the time of order, within 7 days from the time that the product is received at our warehouse.
- Any customs duties applied by the destination country are the responsibility of the purchaser and not Nirvana India.
- Cancellation of the contract can be effected by service of the Cancellation Notice and delivered by email to [email protected]@nirvanabeing.com.
- Once a product has been opened and fitted to the face, it is deemed to have been used. Due to hygiene reasons the company is unable to accept the return of any mask that has been removed from its sealed packaging and fit attempted. This poses a contamination and subsequent product liability issue and therefore the item is not allowed to be resold as new. If in doubt, please contact Vogmask Customer Services [email protected]@nirvanabeing.com with your height, weight, neck/shirt collar size and head/ hat size. Sizing advice and confirmation can be provided before any purchase is made. Click here for Size Chart
If the product is purchased through the nirvanabeing.com website and on receipt and trial of the mask the product is subsequently deemed an incorrect size, then the company will use its best endeavors to resolve the issue. The company does not offer this service if the product is purchased from a third party supplier as no involvement in the contract exists.
If sealed & unopened, product can be returned within 30 days from the date of purchase. For return please send an email to [email protected]@nirvanabeing.com. Credit will be issued through the same mode of payment used at the time of order, within 7 days from the time that the product is received at our warehouse. Jurisdiction
- This agreement shall be interpreted in accordance with Indian Law and industry custom and practice, and courts shall have sole jurisdiction in respect of any dispute arising there from. In respect of Internet sales, jurisdiction or the agreement shall be with Indian Law and it shall be deemed that any agreement is made in India irrespective of any rule of contract dictating otherwise.