About ND COMMERCE ( NDC )
ND Commerce is a licensee of the ASICS website(s) - Onitsuka Tiger in India. Net Distribution Services Private Limited is in the business of operating internet retail businesses and online platforms, as an online distributor for various brands and companies operating in India and abroad. However, the Online Store will be used by NDC and any other sellers only to sell ASICS products.
NDC is the seller of ASICS products in India and does not manufacture the products.
NDC TERMS & CONDITIONS
1. IDENTITY OF THE PARTIES
In these general terms and conditions (“Terms”) as well as on this Website (“Website”), "NDC" or "we" refers to Net Distribution Services Pvt. Ltd., a company incorporated and registered in India. The registered office of NDC is located at A – 302, Dipti Classic, 32/34 Suren Road, Andheri ( East ), Mumbai - 400093, and our email address is email@example.com. NDC shall mean and include its successors and permitted assigns.
“ASICS“, refers to ASICS India Private Limited, a company duly incorporated under Companies Act, 1956 and existing under the Companies Act 2013, having its registered office at ASICS India PVT. Ltd., 6th Floor, DLF Horizon Centre 2, Sector 43, Gurugram, Haryana- 122002, India and ASICS Corporation, Japan (hereinafter referred to as “ASICS” which expression shall mean and include its successors and permitted assigns)
2.1. These Terms apply to the sale and purchase of ASICS products (“Product(s)”) on the NDC Website as between NDC and the Customer who makes such purchase (“you” or “Customer”). By placing an order with NDC, You are accepting these Terms and are agreeing to be bound by them.
2.2. Please note, these Terms can change at any time, and it is up to You to check these Terms before ordering Products in case there are any changes.
3.1. The Customer can place an order for Products on the Website (“Order(s)”) at the prices indicated.
3.2. The Products will have the specifications as indicated in the product description on the Website including size in some cases. The scope of the applicable after-sales customer assistance and commercial guarantees are described on the Website and in the order confirmation.
4. ORDER PROCEDURE
4.1. NDC requires the following details of the Customer to process the Order placed:
a) Correct name and address including pin code, phone/ Mobile Number, email address, payment details and other required information; and
b) Delivery address, located in the Territory as defined below;
The Customer must be the owner or authorized holder of a valid debit/credit card, Bank Account to buy the Products if paying with a debit/credit card.
The Customer hereby consents to provide any information required by NDC under these Terms for the purpose of placing and allowing the processing of the Orders. The Customer hereby allows NDC to process, store or transfer the information provided by them if and when required by NDC. Any/all data or information provided by Customers will be shared by NDC with third parties who may use this data to enhance customer experience and send marketing, promotional and event-related emails to customers.
NDC hereby acknowledges that it will only process, store or transfer the data collected from Customers only as required under these Terms.
4.2. An Order is placed by clicking on the "Add to Cart" button and proceeding to the checkout page.
4.3. The Customer will be provided with an opportunity to review his order(s), read and accept the Terms, check the total price of his Order(s) and the information he has provided, and correct any input errors before confirming his order(s).
4.4. The Customer’s Order does not bind NDC but constitutes an offer made by the Customer to purchase the relevant Products in consideration for payment of the applicable prices. All orders must then be formally accepted by NDC, who may choose not to accept abnormal orders and Orders which NDC suspects are not placed in good faith.
4.5. Once NDC receives the Customer’s Order, NDC will send an email to the Customer via the email address that Customer provided (the “Acknowledgement Email”). This will be done as soon as reasonably practical. The Acknowledgment Email will acknowledge receipt of the Order(s) and set out details of the ordered Product(s). This Acknowledgment Email does not constitute an acceptance of the Customer's Order(s) – only a confirmation that NDC has received it.
5. CONCLUSION OF CONTRACT
5.1. After receiving the Customer's Order(s), NDC will check whether the relevant Product(s) is (are) in stock. The contract governing the sale and purchase of the Product(s) between the Customer and NDC (“Contract of Sale”) will only be concluded after NDC sends the Customer an email confirming the Contract of Sale, that all or part of the Product(s) is/are still available, and that the Product(s) has/have been dispatched (the “Confirmation Email”).
5.2. NDC will not file an accessible copy of the Contract of Sale, so the Customer is encouraged to download, save and/or print a copy of the Confirmation Email and these Terms for his records.
5.3. Use of the Website is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use the Website only with the involvement of a parent or guardian.
5.4. The Website may also be used by third parties other than NDC to sell ASICS Products. The sale of any such Products by third parties other than NDC on the Website shall not be governed by this Agreement but by a separate Third Party Sale Agreement that may be accessed at https://www.asics.com/in/en-in/terms-and-conditions Some of the major terms governing the sale are as follow:
(a) The Products are sold for personal use only and not for resale;
(b) The terms of return shall be governed by the Return Policy that can be accessed at https://www.asics.com/in/en-in/returns-policy
(c) Product availability and tentative delivery dates are only estimates and do not amount to any binding offer to supply at the indicated price;
(d) Product descriptions are subjective and in case the Product does not match the description, it may be returned subject to the terms of the Return Policy that can be accessed at https://www.asics.com/in/en-in/returns-policy
(e) In case of any event outside the control of the Seller, it shall not be an obligation to supply the Products and the Seller shall not be liable for any consequential losses. The Customer’s remedy shall be restricted only to return of the Product as per the Return Policy.
(f) All prices listed on the Website include Goods and Service Tax, but exclude the costs for delivery and some special services like gift wrap etc. delivery fees (if applicable) will be listed separately during the finalization of the order procedure and can vary per day and per order.
(g) The Customer hereby consents to provide any information required by the Seller for the purpose of placing and allowing the processing of the Orders. The Customer hereby allows the Seller to process, store or transfer the information provided by them if and when required by NDC. Any/all data or information provided by Customers will be shared by NDC with third parties who may use this data to enhance customer experience and send marketing, promotional and event-related emails to customers.
6.1. The price that is payable for a Product will be the price in effect at the time the order is placed. It will be set out in the Acknowledgement Email and in the Confirmation Email.
6.2. All prices listed on the Website include Goods and Service Tax, but exclude the costs for delivery and some special services like gift wrap etc. Delivery fees (if applicable) will be listed separately during the finalization of the order procedure and can vary per day and per Order.
7. MISTAKE IN PRODUCT DETAILS
7.1. If NDC makes a mistake in the presentation of a Product including the product photograph, the description of the specifications thereof, or the listing of its price, and
- it should have been clear to the Customer that such mistake constituted a spelling or typesetting error; or
- in the given circumstances, the Customer could not have reasonably expected that NDC would deliver, or would be able to deliver that Product with those specifications for that price, then a valid contract will not be deemed executed. NDC will, as soon as reasonably practicable, inform the Customer and reimburse any payments made.
7.2 Where a mistake as referenced in Clause 7.1 arises, NDC may rescind its acceptance of the Customer’s offer and reimburse any amount paid by the Customer. The Customer hereby expressly agrees that NDC’s liability in case of Order cancellation in this manner will be limited to reimbursing the amount paid by the Customer without interest and the Customer will not be held specifically liable to deliver the Product or to compensate the Customer in any manner whatsoever in such cases of cancellation.
8. FORCE MAJEURE
8.1. Notwithstanding any other provision in these Terms, NDC shall not be held liable for any failure or delay in its performance under these Terms which is the result of a Force Majeure Event; provided, however, that NDC will inform the Customer as soon as reasonably practicable and use its commercially reasonable efforts to correct such failure or delay, failing which, NDC will reimburse any payments made by the Customer. A Force Majeure Event means any event beyond NDC’ reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation, acts of God, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, acts of war, civil insurrections, national emergencies, or governmental acts.
9.1. NDC will only deliver Products to addresses in India ("Territory").
10.1. Payment for Orders can take place by any of the mechanisms as set out on the payment page and the Customer may choose any of the available payment mechanisms on the payment page.
11.1. NDC shall ensure delivery of the Product to the address as included in the order confirmation.
12. RETURN POLICY AND RIGHT OF TERMINATION
12.1. The Customer is entitled to terminate the Contract of Sale without giving any reason within 14 calendar days of (1) the date on which all the Products ordered in a single transaction have been delivered to the delivery address specified in the Order, or (2) the date on which all the Products ordered in a single transaction have been picked up at an NDC store. This right of termination only applies with regard to Products that were purchased via the www.asics.com/in, or any contracts entered into between NDC and the Customer.
12.2. To exercise the right of termination, Customer must inform NDC by submitting a return request online or at an NDC store, or by contacting our Customer Care.
12.3. To meet the termination deadline, it is sufficient for the Customer to send his communication concerning his exercise of the right of or contact our Customer Care before the 14 calendar days has expired.
12.4. If the Customer terminates the Contract of Sale, NDC shall reimburse to Customer all payments received from Customer, excluding the costs of delivery (with the exception of defective or wrong items sent). Subject to Clause 12.5, NDC shall effect such reimbursement not later than 14 calendar days after NDC has been informed about Customer's decision to terminate this Contract of Sale, or after NDC has received the returned Product from the Customer, whichever is later. NDC will carry out such reimbursement using the same means of payment as Customer used for the initial transaction unless Customer has expressly agreed otherwise; in any event, NDC will bear the fees of such reimbursement.
12.5. NDC may withhold reimbursement until NDC has received the Products, or Customer has supplied evidence of having sent back the Products. Customer will receive an email notification when NDC has finished processing Customer's return.
12.6. Customer shall send back the Products in conformity with the return procedure as stipulated in our return policy without undue delay from the day on which Customer communicates its termination of this Contract of Sale to NDC. Unless otherwise provided by NDC, NDC does not assume responsibility for lost shipments.
12.7. NDC will bear the cost of returning the Products. In case there is a change of address and the new address is not under serviceable return pick up Pincode, then the Customer will have to self-ship the product and the cost of return will have to be borne by the Customer.
12.8. In order to ensure that the value of the Products is not diminished, NDC urges the Customer:
- Not to damage the Product;
- Not to remove tags attached to the Product;
- Not to wear, wash, and/or alter the Product.
12.9. There exists no right to terminate the Contract of Sale with regard to:
- The supply of Products made to the Customer’s specifications or Products which are clearly personalised; and
- The supply of sealed Products which are not suitable for return due to health protection or hygiene reasons and which have been unsealed after delivery.
13. DEFECTIVE PRODUCTS
13.1. NDC shall deliver the Products to the Customer which Products shall be in conformity with the Contract of Sale for the relevant Products ("Agreement").
13.2. If the Products purchased by the Customer do not conform to the Contract of Sale at the time the Products were delivered to the delivery address in the Order or picked up at an NDC designated Onitsuka Tiger franchisee Store, NDC shall be liable to the Customer, subject however to meeting the requirements for such under the applicable law.
13.3. In the case of a lack of conformity, the Customer shall be entitled to have the Agreement rescinded.
13.4. In case of a rescission of the Agreement, NDC may ask the Customer to return the Products before NDC can process the refund. For information on how to return the Product to NDC please refer to the return form provided when the Product was delivered. Once NDC receives the Product and confirms that there is a lack of conformity, NDC will process the refund. The Customer will receive an email notification when NDC has finished processing the return.
13.5. NDC shall reimburse to the Customer all payments received from the Customer, including the cost of the Product and excluding delivery charges and the shipping costs for returning the Product, without undue delay. NDC will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction unless expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement.
13.6. NDC shall only be liable where the lack of conformity exists at the time of delivery of the Products
13.7. NDC cannot be held liable or responsible for damage that occurs due to the fact that the Product is not maintained in accordance with the maintenance instructions, or is not used in accordance with the use instructions, or if the Product is used for another purpose than for which it was sold.
13.8. To the fullest extent permitted by law, NDC will not be liable for damage that results from the lack of conformity to the extent that such damage constitutes: indirect damage, consequential damage, loss of profit or income, loss of business opportunities.
13.9. However, in deviation of the above, NDC does not exclude or limit our legal liability hereunder in the event of the death or personal injury to You resulting from an act or omission of NDC.
14. PERSONAL DATA
14.2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
15. APPLICABLE LAW
15.1. All legal relationships between NDC and the Customer are governed by the laws of India.
16.1 If NDC made any error with respect to the Order, if the Customer has complaints, or if the Customer would like to contact NDC for other reasons, please contact NDC immediately at firstname.lastname@example.org or customer care number at 022-68353117 and we will be happy to assist. Our normal business hours are 10:00 to 18:00 IST, Monday
- Friday (except on designated NDC holidays and National holidays)