Terms and Conditions

INTRODUCTION

Welcome to Nite Flite, a registered trademark of Ramesh Kumar Company, 56 F Block D, New Alipore, Kolkata-700053, West Bengal, India. By using this website, you agree to abide by the terms and conditions listed below.

REGISTRATION

In order to purchase products, you must create an account, which will require you to provide some information including your name, address and contact number. You will also have to create a username and a password. Please note here that you will be fully responsible for maintaining the confidentiality of your Account and your Password and for restricting access to any unauthorized users. Niteflite.in shall not be liable for any damages that may occur due to unauthorized usage of your account. We urge you to keep your information secure and to frequently update your password to reduce the chance of illegal usage of your account. If we have reason to believe that there is a chance of a security breach or misuse of the niteflite.in website, we may need you to change your password or in extreme cases, we reserve the right to suspend your account without bearing any liability for the same. The information provided by you must be accurate, true and current and you are responsible for updating said information. If you provide us with information that is false, inaccurate or non-current or we have reason to believe the same, we reserve the right to suspend your account and prohibit you from accessing the website, without any liability being borne by us.

MEMBERSHIP ELIGIBILITY 

This site may only be used by people who can form legally binding contracts under the applicable law. As per the guidelines of the Indian Contract Act 1972, people who are “incompetent to contract” will not be allowed to use this site. People who are under the age of 18 but are a minimum of 13 years of age, may only use this website under the supervision of a parent or legal guardian who agrees to abide by the terms and conditions of the site. Minors will not be allowed to purchase any material that is for adult consumption and will require their parents or legal guardians to make purchases on their behalf. It must be noted here that the aforementioned parents or legal guardians must be registered users of the website. Niteflite.in reserves the right to cancel your account and prohibit you from accessing the site if we find out that you are under the age of 18. If you wish to register as a business entity, you must confirm that you have the authority to bind the business entity to the terms and conditions as listed on the website. Except where additional terms and conditions are provided which are product specific, 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. By using Niteflite.in you agree to be bound by the Terms and Conditions.

CANCELLATION POLICY 

Niteflite.in reserves the right to cancel any order for any reason. This may occur due to errors in product/pricing information, shortage of product quantity, suspicion of fraudulent transactions, etc. In such cases, we will inform you accordingly if your order has been cancelled. If you have already paid for the order, the same amount will be returned to you through the original method of payment.

If you request to have your order cancelled and the order has not been dispatched by us, you will be entitled to a full refund which will be processed through the original method of payment. Orders that have already been dispatched will not be subject to cancellation and you will have to refer to our return policy for such orders. You hereby agree that Niteflite.in’s decision regarding these matters will be final and will not be subject to dispute from you (the customer) or any other parties.

SHIPPING POLICY 

We strive to fulfill your orders in an accurate and timely manner and deliver products that are in a good condition. To this end, we partner only with reputed national courier companies to dispatch your orders. For all orders worth Rs 999 and above, there are no shipping charges. For orders below Rs 999 we charge a standard shipping fee of Rs 100.

All orders placed with us are shipped within 24-48 hours of being received. If a particular order has to be delayed due to unforeseen circumstances, we will notify you of the same.

After dispatch, orders are generally delivered within 3 days in major cities and for other locations it may take 10-15 days depending upon the pin code. Once the order is dispatched, we will send you an email containing the tracking information so that you can track the status of your order at any time.

RETURN & EXCHANGE POLICY

Niteflite.in has an easy 15 day return policy. We accept returns for products upto 15 days from the date of delivery. To initiate a return, send us an email at info@niteflite.in with your Order ID and the reason for return. We will contact you and arrange for a pickup through our courier partners. In case of manufacturing defects, or delivery of the wrong product we will replace the defective product and send you a fresh one. For all other issues including size issues, you will be responsible for the costs involved in reverse shipping. Once we receive the product, we will send you a confirmation email confirming the receipt of the same. You will then have the option of receiving the same product in a different size. Alternatively, you may choose to get a voucher equivalent to your purchase amount less the reverse shipping charges with a validity of 1 month which may be applied towards your next online purchase on our website. Please note here that for any returns to be processed, the item must be sent back to us in a sellable condition with the tags intact and we will not accept returns for products which are clearly worn, washed, soiled or display noticeable signs of wear and tear. You may certainly try the product but please attempt to maintain its original condition or you may find that your order is not eligible for a return.

PRICING POLICY 

We try our best to ensure that the product and pricing information provided by us is accurate at all times. However, it is possible that a product may be mispriced due to technical or other issues or due to human error. In such cases, if the product’s actual price is lower than the price stated on the website, we will charge you the lower price and dispatch the product to you. In case the actual price is higher than the stated price, we will, at our discretion, either contact you for instructions before dispatching the product or cancel your order and notify you of the same.

COLOURS

We strive to display our products and their colours as precisely as possible through professional photoshoots and high-resolution images. However, the actual colours as seen by you will be dependent upon the device you are using to view the site. Therefore, we cannot provide any assurances that the colours you see will be accurate.

CREDIT CARD AND ANTI-FRAUD POLICY

In case you are making payment through a credit card, you hereby confirm that all details provided by you are true and accurate and you may not use any credit card of which you are not the lawful owner. The credit card information provided by you will be kept confidential and will not be shared with third parties unless required for fraud verifications or by legal order under a court of law. Niteflite.in will not be liable for any cases of credit card fraud. When using a credit card, the entire liability for the same shall be borne by the owner of the card. Furthermore, we reserve the right to recover the cost of goods as well as any other fees that may be incurred from people who use the site for fraudulent purposes. We also reserve the right to initiate legal proceedings against anybody who uses the website for fraudulent or any other unlawful purposes which breach the terms and conditions of the agreement. 

ELECTRONIC COMMUNICATION POLICY 

Using our website or sending us emails constitute electronic means of communication. You must agree to receive electronic communication from us, which may be through emails or by messages posted on the website itself. Any electronic communication must be deemed to satisfy any legal requirements, which would otherwise be required in a written form.

PRIVACY POLICY 

We respect your privacy and strive to keep your personal information secure at all times. We do not share your personal information with third parties except to provide products or services requested by you or without obtaining your unambiguous consent to share your information. The only other situation where we would be obliged to share your personal information is if required to do so by a court of law, in accordance with the legal rules and regulations. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, we would like to point out that no means electronic transmission or storage is 100% secure. Thus, while we strive to protect your personal information by using the best standard industry practices, we cannot guarantee its absolute security. By using the website, you acknowledge the risks involved and agree not to hold Niteflite.in liable in case of a security breach of the website.

RIGHT TO AMEND TERMS AND CONDITIONS OF USE

Niteflite.in reserves the right to modify the Terms and Conditions of Service at any time without giving you any advance notice regarding the same. You may view this information at any time on Niteflite.in and we recommend that you frequently review it so that you are aware of any changes that may occur. In case you do not agree with the amended Terms and Conditions, it is best for you to stop using the website. Please note here that by continuing to use the site, you agree to be legally bound by the amended Terms and Conditions governing the usage of the website.

GOVERNING LAW AND JURISDICTION

Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use to arbitrate, or to your use of the Niteflite.in platform or the service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. Such arbitration will take place in Kolkata. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on all the concerned parties.

LIMITATION OF ACCESS

You may not use the website for any of the following purposes: 

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

• Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

• Gaining unauthorised access to other computer systems.

• Transfer or sell any information or software obtained from the Website.

• Interfering with any other person’s use or enjoyment of the Website.

• Breaching any laws that are applicable.

• Interfering or disrupting networks or websites connected to the Website.

• Engineering, modifying, copying, distribution, display, performing, reproducing, publishing, creating derivative works from, Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Additionally, you acknowledge that all rights, including copyright, in this site are owned by or licensed to Ramesh Kumar Company. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited except when permission to do the same is exclusively granted by Ramesh Kumar Company. The aforementioned permission must be in written form and legally binding. You are not allowed to alter, distribute or re-post any of the contents of the website for any purpose.

INTELLECTUAL PROPERTY RIGHTS

Niteflite.in is the sole owner of all Intellectual Property Rights to and into the website including, but not limited to, any and all rights, title and interest in and to copyright, related rights, trademarks, patents, utility models, trade names, service marks, designs, know-how, goodwill, trade secrets and inventions (irrespective of whether or not they are patentable), databases, icons, meta tags, graphics, hyperlinks and content. You hereby agree not to use, reproduce, replicate or distribute any content from the website belonging to Niteflite.in without obtaining prior approval from Niteflite.in. The aforementioned approval must be in written form and legally binding.

OFFENSIVE CONTENT POLICY

You hereby acknowledge that by using this site, you may encounter content, which may be deemed by some to be indecent, offensive, or objectionable, which content may or may not be identified as such. By using the site, you agree that you are doing so at your own risk and that to the fullest extent permitted under applicable law, Niteflite.in will not be liable to you for any content that you may deem to be indecent, offensive or objectionable.

WEBSITE SECURITY

You are forbidden from violating or attempting to violate the security of the site, including, but not limited to, (a) accessing data not intended for you or logging onto a server or an account which you are not permitted to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without obtaining the relevant written permission from Niteflite.in; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Niteflite.in will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including but not limited to browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site other than the search engine and search agents available from Niteflite.in on this site and other than generally available third party web browsers (e.g., Google Chrome, Mozilla Firefox).

INDEMNITY AGREEMENT

You agree to defend, indemnify and hold harmless Niteflite.in, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Niteflite.in or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation 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 User Agreement.

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