Terms & Conditions
Terms & Conditions.
Welcome to nogreyarea.com (“Website”). Enterprise Grey LLP (hereinafter referred to as "NO GREY AREA" or "the Company") NO GREY AREA and/or its affiliates provide website features and other products and services to you when you visit or shop at nogreyarea.com, use NO GREY AREA products or services, or use software provided by NO GREY AREA in connection with any of the foregoing. NO GREY AREA provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and NO GREY AREA (“Company” or “us” or “We” or “nogreyarea.com”). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
TERMS & CONDITIONS FOR SALE PERIOD
• We will be unable to accept any cancellation once an order is placed.
• No other offer or discount or store credit can be clubbed with the sale.
• All online orders that cannot be partially/fully delivered will be refunded within 30 working days from the confirmation of cancellation.
• In case of any discrepancy in the pricing of a discounted product, the price as stipulated by NO GREY AREA shall be final and binding.
• All duties & taxes for international orders will apply as per the rules of the shipping destination and will be borne by the customer.
• Goods & Service Tax/Sales Tax applicable on exports will be paid by Enterprise Grey LLP.
The domain name nogreyarea.com is registered in the name of Enterprise Grey LLP, which is a registered company under the Companies Act, 2013. Its registered office is at 3, Khader Nawaz Khan Road, Nungambakkam,Chennai- 600006. NO GREY AREA is in the business of selling luxury Menswear apparel.
RIGHT TO CHANGE
NO GREY AREA reserves the sole right to update or modify these Terms and Conditions at any time without prior notice to you. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Website.
When you use any of our services, or send emails to us, you are communicating with us electronically. By using our services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this website or through other services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications shall be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, NO GREY AREA owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to NO GREY AREA without obtaining authorization from NO GREY AREA.
Users shall not upload posts or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. NO GREY AREA does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. Users shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, designs or any other harm/ loss/ injury/ prejudice resulting from such a submission. By submitting material to any public area of the Website, User warrants that the owner of such material has expressly granted NO GREY AREA the royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants NO GREY AREA, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions apply equally to and are for the benefit of NO GREY AREA, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of NO GREY AREA are protected by copyright as a collective work under the applicable copyright laws. NO GREY AREA owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material without the express permission of NO GREY AREA and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with NO GREY AREA shall not be deemed to be in the public domain but rather the exclusive property of NO GREY AREA, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of NO GREY AREA, unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
NO GREY AREA respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Support by way of an email as provided herein below.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as a Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. NO GREY AREA reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by a Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, NO GREY AREA has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that: belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another individual’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that NO GREY AREA shall in no manner be held responsible for the same.
The price of our merchandise as mentioned on nogreyarea.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. NO GREY AREA reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery charges which may include postal charges / shipment charges etc. that may be applicable for your country.
ORDER CANCELLATION BY NO GREY AREA
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. NO GREY AREA reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your bank account or the source of the payment as the case may be, within a period of 30 working days or you may opt for store credit.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate NO GREY AREA for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping + Returns.
While availing any of the payment method(s) offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction(s); (b) exceeding the present limit mutually agreed by and between you and your bank(s); (c) any payment issues arising out of any transaction(s) on our Website; (d) decline of transaction(s) for any other reason(s).
All payments made against the purchases/services on nogreyarea.com by you shall be as against the MRP displayed on the website and shall be in accordance with the terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction, as approved by NO GREY AREA. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. Issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool-proof online shopping environment to our users.
NO GREY AREA may employ PaisaPay, PayPal and such other third party facilities, for making of payments on the Website. Such payments can be made through electronic means or through cash-on-delivery (COD) transactions, as may be permitted by NO GREY AREA which shall be at its sole discretion. Use of such third party services will be governed by the said third party facility’s User Agreement, Seller Terms, Conditions and other rules and policies as may be applicable to the nature of activities undertaken by you on the Website.
1. Gift Cards can only be redeemed online at www.nogreyarea.com.
2. Gift Cards cannot be used to purchase other Gift Cards.
3. If the order value exceeds the Gift Card amount, the balance must be paid by Credit Card/Debit Card/Internet Banking at the time of placing the order.
4. Gift Cards will expire after 6 months from the date of issue and any corresponding unused balance shall be forfeited thereafter.
5. Gift Cards cannot be redeemed for Cash or Credit.
6. You are solely responsible for the safety and security of the Gift Cards.
7. Gift Card number is confidential. In the event of any misuse of Gift Card due to loss of any such confidential details due to the fault of the purchaser, NO GREY AREA shall not be responsible for the same and no refund can be issued.
8. Validity of Gift Cards cannot be extended, new Gift Cards cannot be provided against the expired/unused Gift Cards.
9. Gift Cards are a prepaid instrument subject to regulations by the Reserve Bank of India. NO GREY AREA will be legally required to share the details of the purchase of the Gift Cards and transaction(s) undertaken by its users using Gift Cards with the RBI and such statutory authorities as required by the law for the time being in force.
10. The issuer of the Gift Cards i.e. NO GREY AREA, is also required to share the Know Your Customer (KYC) details of the purchaser/ redeemer of the Gift Cards with the RBI and such other statutory authorities, as per statutory guidelines issued from time to time. NO GREY AREA may contact the purchaser of the Gift Card in this regard.
11. Processing fees, taxes and other charges associated with Gift Card purchase may be applicable.
NO GREY AREA endeavours but does not guarantee delivery of products in the stipulated time period as mentioned upon purchase of the product. In no manner whatsoever can the contract be repudiated if NO GREY AREA fails to deliver one or more of its products in the stipulated time frame. However, if you fail to take delivery of the products, NO GREY AREA may at its sole discretion, charge you for additional shipping cost(s).
NO GREY AREA shall endeavour to deliver defect-free products to the purchasers. NO GREY AREA does not take title to any returned items purchased by the user unless the item is received by NO GREY AREA. Any item purchased on our website does not qualify for return unless the product complies to NO GREY AREA’s Return Policy. The defective and/or damaged goods so received shall be communicated to NO GREY AREA within 2 days from date of receipt thereof.
NO GREY AREA holds the sole discretion to determine whether a refund can be issued. For further information please read our Shipping + Returns Policy.
NO GREY AREA shall take responsibility for products which are lost in transit either by way of refund or store credit or NO GREY AREA may replace the product(s) lost in transit. However, the purchaser shall not be entitled to cancel orders pertaining to products which have been lost in transit.
Products displayed on NO GREY AREA attempts to be as accurate as possible. However, NO GREY AREA does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by NO GREY AREA is not as described, your sole remedy is to contact NO GREY AREA within 2 days from date of receipt of your order and NO GREY AREA shall have the right to provide a solution at its sole discretion. NO GREY AREA is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
Products displayed/sold on the NO GREY AREA website are manufactured/ procured as per the applicable local laws of India and are in conformity with the required Indian industry standards.
PRODUCT PRICING DISCLAIMER
The Prices displayed on our website may differ from prices that are available in stores. Further the prices displayed in our catalogues are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other international countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.
From time to time there may be information on our Website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. NO GREY AREA reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by NO GREY AREA are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. NO GREY AREA makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through NO GREY AREA, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
NO GREY AREA does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
NO GREY AREA will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that NO GREY AREA shall not be liable for any damages of any kind related to your use of this Website.
NO GREY AREA shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However, we do not warrant that this website; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on the Website shall be solely governed by Laws of India. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return the Products or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is Your responsibility to ensure that the products purchased on this website are not restricted in your territory. NO GREY AREA shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
NO GREY AREA will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You agree to defend and indemnify NO GREY AREA (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) from and against all third party claims, suits, damages, claims and losses, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of these Terms and Conditions, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.
Any breach of any applicable local laws of that territory shall also result in, without prior notice to you, immediately limiting your activity, removing your information, temporarily/indefinitely suspending or terminating or blocking your membership, and/or refusing to provide you with access to this Website.
If you have any questions regarding this, you can contact us by addressing a mail to: email@example.com
We reserve the right to make changes to our website, policies, service terms, and these Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
The failure by NO GREY AREA to enforce, at any time or for any period, one or more of the terms or conditions stipulated hereunder shall not be deemed a waiver by NO GREY AREA of these Terms and Conditions or of the right, any time subsequent to enforce all Terms and Conditions hereunder.
Failure on the part of NO GREY AREA to perform any of its obligations and the non-furnishing of the Service, shall not entitle you to raise any claim against NO GREY AREA or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through Force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed hereunder. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of NO GREY AREA that directly or indirectly hinders or prevents NO GREY AREA from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
Any grievances you have by way of use of the Website can be addressed to our Customer Support by way of email to firstname.lastname@example.org
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.