Terms and Conditions

Last updated: June 05, 2025

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Delhi, India

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Shimmer Nest.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Shimmer Nest, accessible from https://shimmernest.co.in/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

TERMS & CONDITIONS

A. User Accounts

Account Creation:

  • You must provide accurate, complete, and current information during registration

  • Only one account is allowed per individual or email address

  • Minimum age requirement is 18 years, or guardian consent is required for minors

Account Security:

  • You are solely responsible for maintaining the confidentiality of your password

  • Notify us immediately if you suspect unauthorized account access

  • We reserve the right to suspend accounts involved in suspicious or fraudulent activity

Account Termination:

  • You may delete your account at any time via account settings

  • We may suspend or terminate accounts that violate these Terms

  • Data associated with terminated accounts is retained as outlined in our Privacy Policy

B. Product Information and Pricing

Product Descriptions:

  • Based on manufacturer information and in-house evaluations

  • Color variations may occur due to lighting or device screens

  • Jewelry weight, dimensions, and specs are approximate

  • We reserve the right to correct any errors or omissions

Pricing:

  • Prices are listed in Indian Rupees (INR) and include GST

  • Prices may change without prior notice

  • The valid price is the one shown at order confirmation

  • We reserve the right to cancel orders in case of pricing errors

Product Availability:

  • All products are subject to availability

  • We may discontinue products without notice

  • Backordered items will be communicated at time of purchase

C. Payment and Billing

Accepted Payment Methods:

  • Credit/Debit Cards (Visa, Mastercard, RuPay)

  • UPI (Google Pay, PhonePe, Paytm)

  • Net Banking

  • Digital Wallets

  • Cash on Delivery (available in selected regions)

Payment Security:

  • Payments are processed via secure, encrypted gateways

  • We do not store any card or banking details

  • Failed transactions may lead to automatic order cancellation

Billing:

  • All purchases include a valid GST invoice

  • Billing address must match the payment method used

  • Corporate buyers must provide a valid GST number

D. Order Processing and Delivery

Order Confirmation:

  • Orders are confirmed via email within 24 hours

  • We reserve the right to cancel or verify high-value or bulk orders

  • Additional checks may apply for suspicious transactions

Delivery Terms:

  • Standard Delivery: 5–7 business days

  • Express Delivery: 2–3 business days (extra charges apply)

  • Cash on Delivery: Additional ₹50 COD fee

  • Free Shipping: Available for orders above ₹999

Risk of Loss:

  • Risk transfers to the customer upon successful delivery

  • Signature required for orders above ₹5,000

  • Failed delivery attempts may result in return to sender

E. Intellectual Property

ShimmerNest Property:

  • All website content, logos, visuals, and product materials are owned by ShimmerNest

  • Reproduction, distribution, or reuse is prohibited without written permission

User-Generated Content:

  • Reviews, images, and content you submit become our property

  • We may use submitted content in marketing and promotional materials

  • You retain moral rights to your original creative contributions

Trademark Policy:

  • "ShimmerNest" and its logo are registered trademarks

  • Third-party trademarks are used with appropriate authorization

  • To report misuse, email: legal@shimmernest.co.in

F. Prohibited Uses

You may not use our services to:

  • Engage in fraudulent activity or file false chargebacks

  • Resell products commercially without authorization

  • Create multiple accounts to abuse promotions

  • Upload viruses, malware, or harmful content

  • Violate any laws, regulations, or third-party rights

Consequences:

  • Immediate account suspension or termination

  • Legal action for damages incurred

  • Reporting to authorities when necessary

G. Force Majeure

We are not responsible for delays or failures caused by:

  • Natural disasters, pandemics, or lockdowns

  • Strikes, labor issues, or vendor shortages

  • Technical failures, server downtime, or internet outages

  • Political unrest, terrorism, or war-like events

Our Response:

  • Prompt customer notification of major delays

  • Offering of alternate solutions where possible

  • Delivery timelines extended as required

H. Indemnification

You agree to indemnify and hold harmless ShimmerNest, its employees, directors, and affiliates from any claims, losses, or liabilities arising from:

  • Breach of these Terms & Conditions

  • Improper or unauthorized use of our products or services

  • Infringement of third-party rights

  • Providing false or misleading information

This indemnity includes all applicable legal fees and damages.

COMPLIANCE ADDITIONS

A. Consumer Protection Act Compliance

Consumer Rights (As per Consumer Protection Act 2019)

Your Rights:

  • Right to be protected against unfair trade practices

  • Right to be informed about quality, quantity, and pricing

  • Right to seek redressal against unfair practices

  • Right to consumer education

Grievance Redressal:

  • Internal Complaints: shimmernestofficial@gmail.com

  • Consumer Forum: As provided under the Consumer Protection Act 2019

  • Response Time: Within 15 days of complaint submission

E-commerce Rules Compliance

E-commerce Marketplace Compliance

As per the Information Technology (Intermediary Guidelines) Rules 2021, we ensure:

  • Display of country of origin for all products

  • Transparent return and refund policies

  • Customer care contact information is provided

  • Grievance Officer Contact: shimmernestofficial@gmail.com

Seller Information:

  • Name: ShimmerNest (Proprietary Business)

  • GST Number: [Insert actual GST number]

  • Address: [Insert complete registered address]

GST and Tax Terms

Taxation

GST Compliance:

  • 18% GST is applicable on jewelry items

  • GST invoices provided for all purchases

  • Input Tax Credit (ITC) available for business transactions

  • GST number required for B2B orders

Tax Responsibility:

  • Customers are responsible for any local or state taxes

  • International customers may be subject to customs duties

  • Corporate customers must provide valid GST details for compliance