1. Use of Website and General terms

i) This website, www.notobviously.com is operated for your personal use and information. The use of this website is subject to the following terms. By accessing and browsing this website, you unconditionally accept, without limitation or qualification, these terms. This website is directed for use only by adults. You represent that you possess the legal right and ability to create binding obligations. notobviously.com reserves the right to refuse service, or cancel orders in its sole discretion.

ii) The contents set out herein form an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. These Terms are made available to the User pursuant to and in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules, regulations, privacy policy and Terms for access or usage of the Website

iii) The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.

iv) The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.

v) Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to the terms and conditions of notobviously.com or sellers. In addition to the above, some areas of the Website may contain content provided by our third party partners and such content shall be subject to separate terms and conditions of use, which are posted within those areas by third party partners.

vi) Use of the Website is available only to such persons who can legally contract. Persons who are "incompetent to contract" shall not be eligible to use the Website.

vii) Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.

viii) The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.

ix) By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

x) If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.

xi) If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).

xii) Users of the Website may be required to provide certain personal information and expressly permit the Website from accessing and/or collecting and retaining such personal information of the Users. Such provision and/or collection, storage, retention, use and disclosure of the personal information of the Users shall be subject to the Website’s privacy policy All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.

xiii) Price of a product as displayed will be charged. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.

xiv) Prices for Products are described on our Website and are incorporated into these Terms by reference. Prices, Products and services are offered by the respective Seller and may change in accordance with the guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.

xv) The Website does not charge any registration/membership or browsing fee. However, we reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.

xvi) We may enter into agreements with third party payment gateway aggregators and authorized financial institutions for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.

xvii) While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

Lack of authorization for any transaction/s, or

Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or

Any payment issues arising out of the transaction, or

Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;

Decline of transaction for any other reason(s)

xviii) Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.

xix) All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.

xx) Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.

xxi) Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Website. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Website shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Website disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Website disclaims any liability arising out of declining of payment by such bank or financial institution.

xxii) The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.

xxiii) Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.

xxiv) The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).

xxv) All Products purchased from the Website shall be delivered to the User by standard courier services on behalf of the Sellers through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.

xxvi) notobviously.com shall not be responsible for any delay in the delivery of the Products.notobviously.com shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.

xxvii) The logistics partner supported by notobviously.com will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.

xxviii) An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

xxix) Sometimes, delivery may take longer due to inter alia, bad weather/flight delays/political disruptions/other unforeseen circumstances

xxx) In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.

xxxi) The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.

xxxii) Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.

xxxiii) However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.

xxxiv) In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers.

xxxv) If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.

xxxvi) notobviously.com shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.

2. Product Information

notobviously.com has made every effort to ensure that the products are fairly described, that the product information is correct, and that the colours and get up of our products are displayed as accurately as possible. However, as the actual colours or get up you see will vary with the quality of your monitor or because of picture quality or for any other reason, we cannot guarantee that your display will accurately reflect the colour or get up or any other description of the product requested on delivery. notobviously.com does not represent and warrant that product descriptions, photograph, get up or other description of the product or the content of this site are accurate, complete or error-free.

If, on receiving ordered goods, you have any cause for dissatisfaction about the description of the product; your sole remedy is to return the product in unused condition and without any damage of whatsoever nature, alongwith the invoice.

All products displayed on the website may not always be available for on-line sales or for sales from our retail shops.

3. Limitation of Liability

notobviously.com shall not be liable for any damage, either direct or indirect, incidental or consequential, for use of or inability to use material, products or services of any kind that is offered or to provide indemnity or any other remedy to you or any third party. notobviously.com make every effort to ensure that this website is free from defects or viruses. It is your responsibility to ensure that you use the correct equipment when using the website, and to protect from anything that may damage it and notobviously.com shall not be liable for any damage, either direct or indirect, incidental or consequential, by use of this website to you or your computer or any equipment, software' used by you.

4. Exclusion of Warranties

notobviously.com does not warrant or represent that this website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free from bugs, viruses, worms, trojan horses or other harmful components. Information on this website is provided to you "as is", "with all faults" and without warranties of any kind whether express or implied.

5. Copyrights and Trademarks

i) Materials on this website, including texts, images, illustrations, software, audio clips and video clips, are owned and or provided by notobviously.com The material on this website is protected by the Copyright Act (or the equivalent thereof) and by virtue of the applicable Intellectual Property Laws and international treaties. Consequently, the material on this website should not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, directly or indirectly, including but not limited to text, audio or video, text, photographs, images, designs, get up etc. The trade marks/trade name, logos and service marks (collectively, "Marks") displayed on this website are the registered or unregistered Marks of notobviously.com, the other marks on the web site and logos and service marks are the property of their respective owners and should not be used in any manner, directly or indirectly. Nothing in this website is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act (or the equivalent thereof).

ii) Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.

iii) All IPR on the Website exclusively belong to notobviously.com. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.

iv) The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.

v) Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from notobviously.com.

6. Confidentiality

You acknowledge that information or material which you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable law or pursuant to the privacy policy of notobviously.com. You also acknowledge that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material which you provide electronically to notobviously.com by accessing or using this website does not infringe the rights of any other person or entity. You consent to notobviously.com using that information or material, in whole or in part by any means whatsoever, including reproducing, retransmitting or publishing this information or material or ideas, concepts or other information contained therein for the commercial purposes of notobviously.com. You also consent to the disclosure of your identity, in accordance with the Privacy Policy of notobviously.com.

7. Links

Links and references to other websites are provided to you as a convenience only.notobviously.com has not reviewed and does not expressly or implicitly endorse other websites or any information or material, or the accessibility thereof, via such links, and does not assume any responsibility for any such other websites, information or material posted thereon, or products or services offered thereon. You may not create links from other websites to this website, except if expressly permitted by notobviously.com.

notobviously.com does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.

8. Reserve of Rights

All rights not expressly granted in these terms are reserved to notobviously.com. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of notobviously.com or any other person or to you.

9. Dispute Resolutions by Arbitration

Any dispute, or claim between us arising out of any use of this website, including the applicability or scope of this arbitration clause shall be referred to and finally resolved by a Sole Arbitrator appointed by notobviously.com. However, before you submit a claim for arbitration, you must first contact customer service representative at notobviously.com and give him an opportunity to resolve the dispute. Similarly, before notobviously.com takes a dispute to arbitration, it must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty (60) days from the date you may inform notobviously.com to appoint Arbitrator to resolve the dispute and notobviously.com shall within 15 days from the receipt of such intimation shall appoint the Sole Arbitrator to resolve the dispute. The language of the Arbitration shall be English. Both parties shall negotiate and come to an agreement on the applicable law and venue.

Any award rendered pursuant to the arbitration shall be final and binding on both parties and no appeal shall lie from such award. Such award may be rendered enforceable and executory by any court having jurisdiction over the person or the property of the person against whom enforcement of the award is sought. Notwithstanding the provisions in this Clause,notobviously.com shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information etc.

10. Cookies

A cookie is a short string of data that lets this website remember who you are, serving much like a unique membership ID. We use cookies to remember keys to some of your search preferences and other site preferences. So, we may provide a more convenient experience during your next visit to this website. When you leave our site, we terminate our interaction with the cookie. The cookie stays on your computer and you can delete it any time you like. However, in that case you have to login again and re-enter your preferences, if any.

11. Changes to Terms / Severability

notobviously.com may modify, update or otherwise change the terms applicable to this website from time to time. Following the posting of such change, your continued use of this site will constitute your acceptance of the terms, as modified. If any one of these terms shall be deemed invalid, void, or for any reason unenforceable, such terms shall be deemed severable and shall not affect the validity and enforceability of remaining terms.

12. Entire Agreement

These terms or conditions incorporated or referred to herein constitute the entire agreement amongst us with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understanding or agreement (whether electronic, oral or written).

13. Termination

notobviously.com reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.notobviously.com reserves the right to terminate/temporarily deactivate any promotions without prior notice.