Terms & Conditions
Terms of Use
Thank you for visiting our site www.maxxnad.com (hereinafter referred to as “Website”) which is owned and operated by Maxx and Nad BEAUTY CARE PRIVATE LIMITED a company incorporated under the Companies Act, 1956 with its registered office at 311, 3rd Floor, LSC Market, E-Block, New Delhi-110018
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The term “We”, “Us”, “Our” shall mean Maxx and Nad.
Maxx and Nad provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any www.Maxx and Nadbeauty.com service (e.g., Customer Reviews, Purchase, Affiliate etc ), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. By mere use of the Website, you shall be contracting with Maxx and Nad and these terms and conditions including the policies constitute your binding obligations, with Maxx and Nad. Maxx and Nad reserves the right to change this Site and these terms and conditions at any time. Maxx and Nad retains the right to deny access to anyone who we believe has violated any of these Terms of Use.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us, make a purchase on the Site nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
Accepting the Terms: Maxx and Nad shall interact with customers / clients through e-mail, a form on our website, chat program on our website and phone call, Skype or similar service. By clicking a button or checkbox on a website. you accept and agree to the terms, where this option is made available to you by Maxx and Nad in the user interface for any offering.
In order to use the offering, you must first agree to the terms. You may not use the offering if you do not accept the terms.
Maxx and Nad will not be responsible for any liability arising out of the conduct of its employees, associates, distributor, contractors and suppliers that may cause any financial or other loss to you.
This Website may contain hyperlinks to websites operated by parties other than Maxx and Nad. Such hyperlinks are provided for your reference only. We do not control such websites and is not responsible for their contents. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
In no event shall we be liable for any damages whatsoever arising out of, or in connection with, your access of this Website or any information contained at the Website or any linked websites. Maxx and Nad shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort.
Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and Maxx and Nad will not be responsible for your actions. Furthermore, you agree to defend, indemnify and hold Maxx and Nad harmless from and against any and all claims, damages, costs and expenses, including advocate’s fees, arising from and related to your access and use of the Website. Maxx and Nad shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
Maxx and Nad may at any time make changes or modify the website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, return policy without any prior notice and it may do so with no prior permissions from users of the site or service.
Maxx and Nad is a channel for sales and as such aims to make information about products and services accurate. However, should there be any unintentional errors relating to the product, pricing, availability, shipping and product supply, Maxx and Nad will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.
www.Maxx and Nadbeauty.com is solely a channel for sale of beauty and cosmetic products that are manufactured by associate manufacturer and manufacturers manufacturing for the company on third party basis. Maxx and Nad Beauty Care Private Limited is not responsible for any consequences that arise from use of these beauty and cosmetic products. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various beauty and cosmetic products that may be sold, and are solely responsible for the consequences of use of these beauty and cosmetic products.
You further acknowledge that Maxx and Nad will not be responsible or liable to comply with any warranties for the beauty and cosmetic products supplied to the consumer upon placing of the order through this Website, over and above and in addition to the warranties provided under the applicable laws.
The product colour and actual size may vary from the visual representation on the Website.
You will be required to pay for the products ordered through the Website upon delivery of the products. Any order placed with Maxx and Nad, cannot be cancelled once it has been processed.
Transaction and Communication Platform.
Our Website is a platform that Users utilize to meet and interact with one another for their transactions. Maxx and Nad is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
Henceforward:
1. 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, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Maxx and Nad does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
2. Maxx and Nad does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Maxx and Nad does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Maxx and Nad accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Maxx and Nad is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Maxx and Nad cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. Maxx and Nad shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
4. Maxx and Nad does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. Maxx and Nad does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
6. At no time shall Maxx and Nad hold any right, title or interest over the products nor shall Maxx and Nad have any obligations or liabilities in respect of such contract entered into between buyers and sellers. Maxx and Nad is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Maxx and Nad 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.
8. At no time shall Maxx and Nad hold any right, title or interest over the products nor shall Maxx and Nad have any obligations or liabilities in respect of such contract.
9. Maxx and Nad is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
10. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Contents Posted on Site
You are responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, “Content”). Such Content will become the property of Maxx and Nad throughout the universe. Maxx and Nad shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Maxx and Nad, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.
Rules of Conduct on Site
1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
2. Maxx and Nad may review, edit, reject, refuse to post and/or delete any Content that in the sole judgment of Maxx and Nad violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person.
3. Any information provided by you on this site shall not be misleading in any way.
4. You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
a. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
d. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
e. infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
f. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
h. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
i. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
j. contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
k. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
l. engages in commercial activities and/or sales without Maxx and Nad’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, Maxx and Nad’s “prior written consent” means a communication coming from Maxx and Nad’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
m. solicits gambling or engages in any gambling activity which Maxx and Nad, in its sole discretion, believes is or could be construed as being illegal;
n. contains viruses, time bombs, rojan horses, cancelbots, worms or other harmful or deleterious components or devices; or interferes with another user’s use and enjoyment of the Sites or any other individual’s user and enjoyment of similar services; or prefers to any website or URL that, in the sole discretion of Maxx and Nad, contains material that is inappropriate for the Sites, contains content that would be prohibited on the Sites, or violates the letter or spirit of these Terms of Use.
5. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
6. You may not engage in advertising to, or solicitation of, other users through the Sites to buy or sell any products or services, including, but not limited to, products or services related to the Sites. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Sites. It is also a violation of these Terms of Use to use any information obtained from the Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Sites without their prior explicit consent. To protect our users from such advertising or solicitation, Maxx and Nad reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period to a number which Maxx and Nad deems appropriate in its sole discretion.
7. You understand that Maxx and Nad has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
8. Maxx and Nad reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Sites. Maxx and Nad shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Maxx and Nad, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SITES AND IN YOUR PRIVATE MESSAGES. Please be advised that Content posted in public areas of the Sites does not necessarily reflect the views of Maxx and Nad. In no event shall Maxx and Nad assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Sites. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
9. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Maxx and Nad shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
10. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. Maxx and Nad does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that Maxx and Nad is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
11. Maxx and Nad shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Selling
As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Maxx and Nad reserves the right to delete such multiple listings of the same product listed by you in various categories.
Other Businesses
Maxx and Nad does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on Maxx and Nad’s website, which are linked through including but not limited to Affiliates and sites using Maxx and Nad’s APIs. In addition, Maxx and Nad provide links to the sites of affiliated companies and certain other businesses for which, Maxx and Nad is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.
Links
This site may contain links to other web sites or you may be linked through other web sites (“Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not Maxx and Nad is affiliated with sponsors of the sites. We do not in any way endorse the Linked Sites.
We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Maxx and Nad. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the Website without our prior written consent.
Trademark, Copyright and Restriction
This site is controlled and operated by Maxx and Nad. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Your Account
You agree that any use on the site is at your own risk and Maxx and Nad is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on the Website are not for people below aged 18, however any products available for children below age 18, can be bought by adults.
Copyright complaint
We at Maxx and Nad respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at legal@aMaxx and Nadbeauty.com.
Risk of loss
All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Description
Maxx and Nad tries to be as accurate as possible. However, Maxx and Nad does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
Pricing/Typographical error
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary. Maxx and Nad will try to be accurate, however if you come across any difference in pricing on the Website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. Maxx and Nad shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order or as specified in the refund policy. Cash on Delivery order refunds will be done by Cheque. If Maxx and Nad comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
REFUNDS & CANCELLATIONS
Maxx and Nad hopes that you never have to cancel or return a product. At the same time, we would be there to help you whenever you do so due to certain circumstances. As a first step we are laying out our cancellation and return policy to take care of your hassles.
ORDER HAS NOT BEEN SHIPPED YET: Any order which has not been shipped can be cancelled partially or fully. The amount paid by you (if it is a prepaid order) would be refunded to you and should reflect in your account in 7-10 days.
ORDER WAS DAMAGED WHEN RECEIVED: We mandate that sellers we take utmost care while packaging to ensure that the product reaches you the way you had seen it on our website. However, due to situations beyond control, the items delivered might get damaged in transit. The sellers would replace or cancel your order under such circumstance. We would request you to inform us and the sellers of the damage within 48 hours of receipt of order. Any refund would happen only after proper check of the damaged material.
INCORRECT ITEMS RECEIVED: We are proud of the robustness of our fulfilment process and the right shipment would reach the right person at the right place. In case you receive items that are different from the ones you ordered, we will require the sellers to ship the right items to you right away. Please send us an email at info@Maxx and Nadbeauty.com with the order ID and complaint details. We would respond to it in 48 hours. We would try and reverse pick up the product from your location wherever possible, at other locations we will try and find a mutually agreeable solution. Refund would be processed after the item has been shipped back or picked up from customer location.
Any other reasons for cancellation or return would be handled on a case to case basis
Following shall not be eligible for return or replacement
1. Used and Damaged due to misuse of product.
2. Incidental damage due to malfunctioning of product
3. Any consumable item which has been used or installed
4. Products with tampered or missing serial / UPC numbers
5. Any damage / defect which are not covered under the manufacturer’s warranty
6. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product(s) delivered.
Refunds are made as follows: 1. If the payment was made in cash then the refund is made in the form of coupon codes 2
