Terms of service
OVERVIEW
This website is operated by The Nish Shop, trading as Nish Jewelry (“Nish Jewelry”, “we”, “us” or “our”). Our website, online store, products, information, content, features and related services are collectively referred to as the “Services”.
Nish Jewelry’s online store is hosted on Shopify, which provides the e-commerce platform that enables us to offer and sell our products.
These Terms of Service (“Terms”) explain the conditions that apply when you access our website, use our Services or place an order with us. By accessing or using the Services, you agree to these Terms, our Privacy Policy, Refund Policy and Shipping Policy.
Privacy Policy:
https://nishjewelry.shop/policies/privacy-policy
Refund Policy:
https://nishjewelry.shop/policies/refund-policy
Shipping Policy:
https://nishjewelry.shop/policies/shipping-policy
If you do not agree to these Terms, please do not access or use the Services.
Nothing in these Terms excludes, limits or overrides any right or remedy available to a consumer under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020 or any other applicable Indian law.
SECTION 1 – ELIGIBILITY, ACCESS AND ACCOUNTS
You must be at least 18 years old and legally capable of entering into a binding contract to place an order. If you are under 18, you may use the Services only with the involvement and supervision of a parent or legal guardian.
When using the Services or placing an order, you agree to provide information that is accurate, current and complete, including your name, email address, billing information, delivery address, PIN code and contact details.
If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for activities carried out through your account. Please notify us promptly if you believe that your account has been used without permission.
You must not transfer, sell or allow another person to misuse your account.
We may suspend or restrict access to an account where reasonably necessary to prevent fraud, misuse, unlawful activity or a breach of these Terms.
SECTION 2 – PRODUCT INFORMATION
We make reasonable efforts to describe and display our products accurately. Product photographs, videos, descriptions, colours, stones, finishes, measurements and other details are provided for general guidance.
Actual colours and appearance may vary slightly because of lighting, photography, screen settings, device display and manufacturing variations. Minor differences that do not materially affect the product’s identity, use or quality will not normally be considered defects, subject always to applicable consumer law.
Unless expressly stated otherwise on the relevant product page:
• Products are fashion jewellery and are not solid gold or precious-metal jewellery.
• “Gold-plated” refers to the product’s plating or finish and not to solid gold content.
• “Anti-tarnish”, “skin-friendly”, “water-resistant” or similar descriptions refer to product features under normal use and recommended care; they do not mean that the product will remain permanently unchanged under every condition.
• Exposure to perfume, chemicals, cosmetics, sweat, salt water, moisture, friction, improper storage or rough handling may affect the finish and lifespan of jewellery.
Customers should review the product description, measurements and care information before purchasing.
We may correct product information, update descriptions, limit quantities or discontinue products when reasonably necessary. Any such change will not affect an order already accepted unless we contact you and provide an appropriate solution.
SECTION 3 – ORDERS AND ORDER ACCEPTANCE
Placing an order constitutes an offer to purchase the selected products. An order-confirmation email, SMS or message acknowledges that we received your order but does not necessarily mean that the order has been accepted.
An order is accepted when we confirm dispatch or otherwise expressly confirm acceptance. For Cash on Delivery (“COD”) orders, acceptance may be subject to COD availability and order verification.
We may decline, hold or cancel an order for legitimate reasons, including:
• A product being unavailable;
• Incorrect product or pricing information;
• Payment failure;
• An incomplete, incorrect or unserviceable delivery address;
• Failure to complete COD verification;
• Suspected fraud, misuse or unauthorised payment;
• Violation of purchase limits;
• Legal or regulatory requirements; or
• Circumstances beyond our reasonable control.
If we cancel an eligible prepaid order, the amount received for the cancelled item or order will be refunded to the original payment method, generally within 7–14 business days after cancellation is approved. The bank or payment provider may require additional time to reflect the amount.
Products purchased from Nish Jewelry are intended for personal use unless we expressly agree otherwise in writing. You must not place orders for fraudulent, unlawful or unauthorised resale purposes.
SECTION 4 – ORDER CANCELLATION
Customers may request cancellation only before an order has been dispatched.
Once an order has been shipped, it cannot normally be cancelled. To request cancellation, contact us as soon as possible at thenishshop@gmail.com and provide your order number.
Submitting a cancellation request does not guarantee cancellation if processing, packing or dispatch has already begun.
Approved prepaid-order cancellations will be refunded to the original payment method in accordance with Section 3 and our Refund Policy.
This section does not restrict any cancellation right that must be provided under applicable law.
SECTION 5 – PRICES, TAXES AND PAYMENT
All prices are displayed in Indian Rupees (INR). Prices include applicable taxes unless the website or checkout clearly states otherwise. Shipping charges, where applicable, will be displayed at checkout or explained in our Shipping Policy.
Prices, offers, discounts and promotional conditions may change before an order is placed. The amount shown in the completed checkout and order confirmation will apply to that order, subject to correction of an obvious error.
Available payment methods may include prepaid online payments and COD at selected serviceable PIN codes. Payment services may be provided by authorised third-party payment gateways. We do not directly store complete card or payment credentials where those details are processed by the payment provider.
You confirm that:
• The payment and billing information you provide is accurate;
• You are authorised to use the selected payment method; and
• You will pay the final amount displayed at checkout, including applicable shipping charges and taxes.
We may contact you to verify an order before accepting or dispatching it.
SECTION 6 – PROMOTIONS, DISCOUNTS AND COUPONS
Promotional offers, discount codes, gifts and sale prices may be subject to separate conditions, including eligible products, minimum order value, purchase quantity, validity dates and payment method.
Unless expressly stated otherwise:
• Only one promotion or discount may be used per order;
• Promotions cannot be applied after an order has been placed;
• Free products cannot be exchanged for cash;
• If an order qualifying for a free product is cancelled or validly returned, the free product must also be returned unused and in its original packaging; and
• We may withdraw or correct a promotion affected by a genuine technical, pricing or publishing error, while respecting accepted orders and applicable law.
Promotional advertisements will be governed by the specific terms displayed with the relevant offer.
SECTION 7 – SHIPPING AND DELIVERY
We currently ship only within India. Orders are generally processed within 1–3 business days after payment or COD verification. Estimated delivery times and shipping charges are set out in our Shipping Policy:
https://nishjewelry.shop/policies/shipping-policy
Delivery timelines are estimates and may be affected by courier availability, weather, public holidays, government restrictions, remote-location service limitations, incorrect customer details or other circumstances beyond our reasonable control.
We remain responsible for the order until it is delivered to the address provided by the customer, subject to applicable law and the customer’s responsibility to provide complete and correct delivery details and remain available for delivery.
Title and risk in the product pass to the customer upon successful delivery.
Customers should promptly contact us if:
• Tracking shows delivery but the parcel was not received;
• Tracking has not updated for an extended period;
• The parcel appears tampered with; or
• The order is confirmed lost in transit.
Lost, undelivered or incorrectly delivered orders will be handled according to our Shipping Policy and Refund Policy after the relevant courier investigation.
SECTION 8 – RETURNS, REPLACEMENTS AND REFUNDS
Returns, replacements and refunds are governed by our Refund Policy:
https://nishjewelry.shop/policies/refund-policy
Subject to applicable law, claims are generally considered only where:
• The product was damaged during transit;
• The product was defective or broken upon delivery;
• An incorrect product was delivered; or
• An item was missing from the package.
Return or replacement requests must generally be raised within three calendar days of delivery.
For damaged, defective, missing or incorrect-item claims, a clear, continuous and unedited unboxing video is required. The recording should begin before the sealed outer package is opened, show the shipping label and packaging, and clearly show the product and reported issue.
An unboxing video is not required for a parcel that was never delivered or was confirmed lost in transit.
Submitting a request does not automatically guarantee approval. We may review the order information, photographs, unboxing video and product condition before providing a replacement, store credit or refund.
Products approved for return must be unused, unworn, unaltered and returned with their original packaging, tags and accessories, unless the nature of the defect makes this impossible.
Approved refunds will generally be initiated within 7–14 business days after verification and, where applicable, receipt of the returned product. Refunds will normally be made to the original payment method. Eligible COD refunds may require valid bank-account or UPI details.
Nothing in this section limits a remedy that a consumer is entitled to receive under applicable law.
SECTION 9 – PRODUCT CARE AND WARRANTY
Nish Jewelry currently does not provide a separate commercial product warranty unless a specific written warranty is expressly stated on the relevant product page at the time of purchase.
This does not exclude or limit legal rights relating to products that are defective, damaged, incorrectly supplied, misdescribed or otherwise covered by applicable consumer law.
Normal wear and tear, gradual changes to plating or finish, and damage caused after delivery by misuse, chemicals, perfume, moisture, improper storage, alteration or rough handling are not manufacturing defects.
SECTION 10 – ACCURACY, ERRORS AND AVAILABILITY
Occasionally, the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery estimates or availability.
We may correct an error and update information. If an error materially affects an order already placed, we will contact the customer and provide a reasonable option, which may include confirming the corrected order or receiving a cancellation and refund.
We do not use an obvious pricing or technical error to avoid obligations relating to an order that has already been validly accepted where doing so would be contrary to applicable law.
SECTION 11 – INTELLECTUAL PROPERTY
The Services and their content—including the Nish Jewelry name and logo, website design, text, graphics, product photographs, videos, illustrations, icons and original written material—are owned by or licensed to Nish Jewelry and are protected by applicable Indian and international intellectual-property laws.
You may access and use the Services for personal and non-commercial purposes. Without prior written permission, you must not:
• Copy, reproduce, republish, distribute or commercially exploit our content;
• Modify or create derivative works from our content;
• Use our photographs, videos, logo, product descriptions or designs for resale or advertising;
• Remove copyright, trademark or proprietary notices; or
• Misrepresent an association with Nish Jewelry.
Shopify’s names, trademarks and logos belong to Shopify or its licensors. Other third-party marks belong to their respective owners.
SECTION 12 – OPTIONAL TOOLS AND THIRD-PARTY SERVICES
The Services may provide access to tools, apps, payment gateways, courier tracking, chat, analytics, reviews, social-media features or other services operated by third parties.
Third-party services may be governed by their own terms and privacy policies. We are not responsible for a third party’s independent acts, omissions or service interruptions except to the extent that applicable law makes us responsible.
Use of an optional third-party tool is at the customer’s discretion. Nothing in this section excludes a right or remedy available under applicable law.
SECTION 13 – THIRD-PARTY LINKS
The Services may include links to third-party websites. We provide these links for convenience and do not necessarily control or endorse the third party’s content, products, security or practices.
Customers should review the relevant third-party terms and privacy policies before providing personal information or completing a transaction on another website.
Complaints relating solely to a third party’s independent product or service should be addressed to that third party. Complaints relating to an order placed directly with Nish Jewelry should be sent to Nish Jewelry.
SECTION 14 – RELATIONSHIP WITH SHOPIFY
Our online store is hosted by Shopify. Shopify supplies the e-commerce technology that enables us to operate the website, but purchases from the store are transactions between the customer and The Nish Shop, trading as Nish Jewelry.
Shopify is not the seller of Nish Jewelry products and is not responsible for fulfilling orders, handling product claims or providing refunds for purchases made directly from Nish Jewelry, except where Shopify has an independent obligation under applicable law or its own services.
SECTION 15 – PRIVACY AND PERSONAL INFORMATION
Personal information collected through the Services is handled in accordance with our Privacy Policy:
https://nishjewelry.shop/policies/privacy-policy
Because the store is hosted by Shopify, certain personal information is also processed by Shopify and other service providers to provide checkout, payment, fraud-prevention, hosting, analytics, delivery and related functions.
Shopify’s consumer privacy policy is available at:
https://www.shopify.com/in/legal/privacy/consumers
By using the Services, you acknowledge that personal information may be processed by service providers in India or other countries, subject to applicable law and appropriate safeguards.
SECTION 16 – REVIEWS, FEEDBACK AND USER CONTENT
If you submit a product review, photograph, suggestion, comment or other content (“User Content”), you confirm that:
• The content is truthful and based on your genuine experience;
• You own or are authorised to submit the content;
• You disclose any reward, discount, free product or other incentive received for the submission;
• The content does not violate another person’s privacy, intellectual-property or other legal rights; and
• The content is not defamatory, unlawful, obscene, threatening, misleading or harmful.
You grant Nish Jewelry a non-exclusive, worldwide, royalty-free licence to use, reproduce, display, adapt and publish User Content for operating, promoting and improving the Services, subject to applicable privacy and consumer law.
We may remove User Content that reasonably appears fraudulent, abusive, unlawful, irrelevant or in violation of these Terms. We do not promise to publish or respond to every submission.
Nish Jewelry will not knowingly publish reviews that falsely represent the reviewer as a genuine customer.
SECTION 17 – PROHIBITED USES
You must not use the Services:
• For an unlawful, fraudulent or malicious purpose;
• To violate applicable laws or another person’s rights;
• To submit false or misleading information;
• To impersonate another person or entity;
• To harass, threaten, defame or harm another person;
• To transmit viruses, malware or harmful code;
• To obtain unauthorised access to the Services, accounts or systems;
• To interfere with security, checkout, payment or fraud-prevention controls;
• To scrape, copy or commercially exploit website content without permission;
• To collect another person’s personal information without lawful authority; or
• To send spam or unauthorised advertising.
We may restrict or terminate access where reasonably necessary to protect Nish Jewelry, customers, Shopify, service providers or the public, or to comply with law.
SECTION 18 – DISCLAIMER
We aim to keep the Services accurate, secure and available, but we cannot promise that the website will always be uninterrupted, error-free or available at every time.
To the fullest extent permitted by law, the Services are provided on an “as available” basis. However, nothing in these Terms excludes or limits:
• A consumer guarantee, right or remedy that cannot lawfully be excluded;
• Liability for fraud, wilful misconduct or gross negligence;
• Liability for death or personal injury caused by negligence where it cannot lawfully be limited; or
• Any other liability that cannot be excluded under applicable law.
Product-specific representations expressly made by Nish Jewelry and statutory consumer protections remain applicable.
SECTION 19 – LIMITATION OF LIABILITY
Subject to Section 18 and applicable law, Nish Jewelry will be responsible for direct loss that is reasonably foreseeable and caused by our breach of these Terms or failure to exercise reasonable care.
To the fullest extent permitted by law, Nish Jewelry will not be liable for indirect, incidental, special or consequential loss, loss of profits, loss of business, loss of opportunity or loss of data arising from:
• A customer’s misuse of the Services or products;
• Unauthorised access caused by the customer’s failure to secure account credentials;
• Events outside our reasonable control;
• Independent third-party websites or services; or
• A breach of these Terms by the customer.
This section does not limit any refund, replacement, compensation or other remedy available under applicable consumer law.
SECTION 20 – INDEMNIFICATION
To the extent permitted by law, you agree to compensate Nish Jewelry for reasonable losses, claims and expenses resulting directly from your unlawful use of the Services, infringement of another person’s rights, fraud or material breach of these Terms.
This obligation does not apply to losses caused by Nish Jewelry’s own breach, negligence or unlawful conduct, and it does not restrict statutory consumer rights.
SECTION 21 – TERMINATION
You may stop using the Services at any time.
We may suspend or terminate access where reasonably necessary because of unlawful activity, fraud, security risk, misuse or a material breach of these Terms. Termination will not affect rights, payment obligations, accepted orders or claims that arose before termination.
Sections that by their nature should continue—including Intellectual Property, Privacy, Reviews and User Content, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution—will survive termination.
SECTION 22 – SEVERABILITY, WAIVER AND ENTIRE AGREEMENT
If any provision of these Terms is found unlawful, invalid or unenforceable, that provision will be limited or removed only to the minimum extent necessary. The remaining provisions will continue to apply.
Our delay or failure to enforce a provision will not waive our right to enforce it later.
These Terms, together with the policies and offer conditions referred to in them, form the agreement governing use of the Services and purchases from Nish Jewelry. If a specific product, promotion or policy term conflicts with a general term, the more specific term will apply to that subject, provided it complies with applicable law.
SECTION 23 – GOVERNING LAW AND DISPUTE RESOLUTION
These Terms are governed by the laws of India.
Customers should first contact us at thenishshop@gmail.com so that we can attempt to resolve the matter through our grievance-redressal process.
Subject to applicable consumer-protection law and the jurisdiction of consumer commissions or other authorities, courts in Chennai, Tamil Nadu will have jurisdiction over disputes relating to these Terms and the Services.
Nothing in this section prevents a consumer from approaching the appropriate Consumer Disputes Redressal Commission, the National Consumer Helpline or another authority available under applicable law.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms to reflect changes to the Services, business practices or legal requirements.
The current version will be posted on this page with the “Last updated” date. Material changes will apply from the date stated in the updated Terms or notice, subject to applicable law.
Changes will not retroactively reduce rights relating to an order already placed unless permitted by law and clearly agreed with the customer.
SECTION 25 – GRIEVANCE REDRESSAL AND CONTACT INFORMATION
For questions, order concerns or complaints, contact:
Legal Business Name: The Nish Shop
Trading Name: Nish Jewelry
Website: https://nishjewelry.shop
Customer Support Email: thenishshop@gmail.com
Business Address: F2, Kalaivani Apartments, Kattupakkam, Chennai, Tamil Nadu – 600056, India
Business Hours: Monday–Saturday, 10:00 AM–7:00 PM
Grievance Officer
Name: Nishat Pervin
Designation: Grievance Officer
Email: thenishshop@gmail.com
Address: F2, Kalaivani Apartments, Kattupakkam, Chennai, Tamil Nadu – 600056, India
Consumer complaints will be acknowledged within 48 hours of receipt, and we will endeavour to resolve them within one month, in accordance with applicable law.
When contacting us, please provide your name, order number, contact information and a clear description of the issue. For eligible damaged, defective, missing or incorrect-item claims, also include the required photographs and continuous unboxing video.