Terms & Conditions
Terms and Conditions and Grievance Redressal Policy
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
"Site"or "Indiatoys" means the Indiatoys online shopping platform owned and operated by Nicia Infotech Pvt Ltd, which provides a venue to the users of Indiatoys.com to buy the products listed / displayed at Indiatoys by the Seller.
"Vendor" / "seller" / "affiliates" shall mean the person or any legal entity who offers for sale, sells, displays, the products on the online shopping platform provided by Indiatoys.in / website and delivers the ordered products to the customers.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on Indiatoys by placing an order for and or purchases any products offered for sale on Indiatoys.
"User/You" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site and any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site.
"Product/s" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, Nicia Infotech Pvt Ltd acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.
You agree, understand and acknowledge that Indiatoys is an online shopping platform, a venue enabling the users to buy any product listed on the Site at the price indicated therein at any time from any place. You further agree and acknowledge that the Indiatoys is not involved in any sale and purchase of goods/products listed on this Site. Indiatoys is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. Indiatoys shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users and the Vendors.
Nicia Infotech Pvt Ltd shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.
Nicia Infotech Pvt Ltd does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Indiatoys.
You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items or services. Indiatoys is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall any right, title or interest over the items vest with Indiatoys nor shall Indiatoys have any obligations or liabilities in respect of such contract. Indiatoys is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items, which are out of stock, back ordered, returned undelivered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply/till stock lasts.
Indiatoys accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Indiatoys is not responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
All orders shall be pre-approved with an acceptable method of payment as established by Indiatoys which may call for and require additional verification or information.
The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery of the product to the buyer at the shipping address provided by the Buyer.
Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
The agreement between you and Nicia Infotech Pvt Ltd is subject to the following terms and conditions:
- The User certifies that he/she is at least 18 (eighteen) years of age.
- These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted or your login through other group or related ID. By using the Shopping services of Nicia Infotech Pvt Ltd you agree to be bound by the Terms and Conditions.
- All prices, unless indicated otherwise are in Indian Rupees.
- By indicating User's acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions after making payment. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
- Nicia Infotech Pvt Ltd is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.
- You are advised to independently verify the bona fides of any particular seller that you choose to deal with on the Website and use your best judgment in that behalf. Nicia Infotech Pvt Ltd, accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties.
- Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected. Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified thru e mail.
- In a credit card transaction, you must use your own credit card. Nicia Infotech Pvt Ltd will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Nicia Infotech Pvt Ltd reserves the right to cancel all past, pending and future orders without any liability.
- Nicia Infotech Pvt Ltd is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. It is the sole responsibility of the Vendor to dispatch the Product to the User (depending on the Product or Offer Price). Any request for cancellations of orders once duly placed on the site, shall not be entertained.
- In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from you.
- Shipment/delivery time of order processing starts from the day of receipt of the payment confirmed against the order placed with Nicia Infotech Pvt Ltd. In case of COD (cash on delivery) orders, the expected delivery time shall be calculated from the date of placing the order. The Shipment /Delivery time is an approximate time mentioned by the vendor against each product. Nicia Infotech Pvt Ltd shall not be liable for any delay / non-delivery of purchased goods by the Vendors due to any force majeure event including but not limited to flood, fire, wars, acts of God or any event beyond the control of Nicia Infotech Pvt Ltd.
- Notwithstanding anything contained herein, Nicia Infotech Pvt Ltd acts only as booking agent to facilitate / integrate transactions between the Buyers and Sellers through various platforms (online web store, print ads, call centre, mail order catalogues, SMS etc.) for various Vendors and shall in no way be responsible for any quality of product, replacement, damages, additional cost, losses, expenses and/or taxes incurred by Users qua the products. In no event shall Nicia Infotech Pvt Ltd, its directors, officials, representatives and employees are liable for any damages relating to products sold through its various platforms including but not limited to Indiatoys.
- Presently, the browsing and buying service(s) of Indiatoys are being offered free of cost. However, Nicia Infotech Pvt Ltd reserves the right to charge a fee for any or such facilities.
- The User agrees to use the services provided by Nicia Infotech Pvt Ltd, its affiliates, consultants and contracted companies, for lawful purposes only.
- The User agrees not to make any bulk purchase to indulge into any reseller activities. In case of any such instances, Nicia Infotech Pvt Ltd reserves all rights to cancel the current and future orders and block the concerned User account.
- The User agrees to provide authentic and true information. Nicia Infotech Pvt Ltd reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found to be false, not to be true (wholly or partly), Nicia Infotech Pvt Ltd shall in its sole discretion reject the registration and debar the User from using the Services available on its website, and / or other affiliated websites without prior intimation whatsoever.
- Nicia Infotech Pvt Ltd will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
- Partial delivery of product needs to be reported within 24 hrs of receipt of the product.
- Cancellation on user's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.
- All order/sub orders cancelled will be refunded as per the payment mode selected by customer except for COD/Cheque paymode, where refund shall be processed via Payorder/Demand-draft.
- Delivery of orders would be done address specific not person/time specific.
- The Indiatoys Gift Certificate issued by Nicia Infotech Pvt Ltd shall be sent to and linked with the email id mentioned during the order placement only.
- For reported defects on products with manufacturer's warranty the customer needs to contact the relevant service center of the manufacturer, respectively. Nicia Infotech Pvt Ltd shall not be held responsible for any refund claim in such a case from the customer.
- Nicia Infotech Pvt Ltd reserves the right to cancel any order placed using Credit Card which holds International Billing Address.
- Nicia Infotech Pvt Ltd reserves the right to cancel any order placed which is not available, out of stock or in short supply.
- Octroi charges may be levied on some products displayed on the site .These charges shall are not refundable and shall be borne by the customer. In the event of cancellation of the order the ,Octroi charges levied shall not be refunded.
- We (Nicia Infotech Pvt Ltd) as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- Nicia Infotech Pvt Ltd reserves the right to send transactional emails and SMS's related to any order placed by a customer and the customer agrees that the same will not tantamount to spam. By submitting your mobile number, you agree to receive calls/SMS's from Nicia Infotech Pvt Ltd or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.
- You agree to receive calls from Nicia Infotech Pvt Ltd and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required and disclaim any liability of Nicia Infotech Pvt Ltd in this regard.
Reviews, comments and other content
Users of our website may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In case a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Nicia Infotech Pvt Ltd reserves the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use our website.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our Vendors or suppliers, Nicia Infotech Pvt Ltd shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Nicia Infotech Pvt Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Nicia Infotech Pvt Ltd shall issue a credit to your credit/debit card account in the amount of the charge.
Products Description and Pricing
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
Nicia Infotech Pvt Ltd and\or Nicia Infotech Pvt Ltd's Vendor\Seller, will attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, Nicia Infotech Pvt Ltd or Seller do not warrant that descriptions or other content or prices related to the Products or other information and content contained in this Nicia Infotech Pvt Ltd website is accurate, complete, reliable, current, or error-free. If a Product showcased on this Nicia Infotech Pvt Ltd website (indiatoys.in) is found by You not to be as described, upon receipt of the same in pursuance to placing an order on the Seller through the Site, your sole remedy is to return it in unused (seal intact) condition to the Seller or Nicia Infotech Pvt Ltd (as the case may be). In the event if the payment has been processed by Vendor\Seller for the returned Product(s), the refund amount shall be credited to your credit/debit card account and the same shall be duly notified to by email to your email address provided at the time of registration.
Charges displayed on the site includes only the cost of the product., Service fee for payment, facilitation fee and shipping charges will be levied/charged extra as applicable.. Similarly for any applicable refunds the full amount, which has been charged, is refunded.
All prices and availability of products are subject to change without prior notice at the sole discretion of Nicia Infotech Pvt Ltd.
Order Tracking Facility
You understand and agree that Nicia Infotech Pvt Ltd and this Site also provides hosting services to its Vendor\Sellers to also provide 'Order Tracking Facility' to the Registered Users in respect of their orders placed with Nicia Infotech Pvt Ltd Vendor\Seller. All such Order Tracking Information and results are third party user generated contents. Nicia Infotech Pvt Ltd neither initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Nicia Infotech Pvt Ltd has no control over the third party agencies/partners generated contents (depends on the input made by the third party agencies/partners) and shall not be liable for the same in any manner. Nicia Infotech Pvt Ltd's Vendor\Seller provides the said facility as a free service, without any obligation to do so,. However, it assumes no responsibility for any inaccuracies that may creep in such information provided to the Users or in regard to the timeliness of such information.
Disclaimer Of Warranties/Limitation Of Liability
USER ACKNOWLEDGES THAT THROUGH THIS SITE, TIMES INTERNET LIMITED MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. TIMES INTERNET LIMITED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.
TIMES INTERNET LIMITED IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, TIMES INTERNET LIMITED SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL TIMES INTERNET LIMITED BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
TIMES INTERNET LIMITED SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND TIMES INTERNET LIMITED'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Registration of the User on the Website is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under ID and Password for any purpose whatsoever without proper authorization from such party.
User are responsible for the security of User's password and for all transactions undertaken using User's password through our service. User confirms that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. Nicia Infotech Pvt Ltd will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user's ID/password/credit card number/account details number for using Nicia Infotech Pvt Ltd's Services.
The user also agrees and undertakes to immediately notify Nicia Infotech Pvt Ltd of any unauthorized use of the user's password or user ID and to ensure that the user logs off at the end of each session at the website. Nicia Infotech Pvt Ltd shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
The User also agrees to:
(a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Nicia Infotech Pvt Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nicia Infotech Pvt Ltd shall have a right to suspend or terminate User's registration and refuse any and all current or future use of the Website and/or any Service.
Furthermore, the User grants Nicia Infotech Pvt Ltd the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.
You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You shall indemnify and hold harmless to Nicia Infotech Pvt Ltd and (as applicable) Nicia Infotech Pvt Ltd's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Nicia Infotech Pvt Ltd and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Nicia Infotech Pvt Ltd and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Nicia Infotech Pvt Ltd and its agents as their agent for this purpose.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Communication with Users
Nicia Infotech Pvt Ltd reserves the right to communicate with Users regarding this site and User's use of this site or any product or service purchased by User on this site.
Nicia Infotech Pvt Ltd shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.
Notice of Copyright Infringement
Nicia Infotech Pvt Ltd is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature addressed to Grievance Officer at grievance @indiatoys.in; or write at the following address:
Grievance Redressal Officer
Office No. 7, Goodwill Hormony,
Plot No. - 76, Sector - 19,
Airoli, Navi-Mumbai - 400 708.
request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Copyright ©2013 Nicia Infotech Pvt Ltd. All rights reserved.
This disclaimer/terms of service notification is subject to change without notice.