Effective Date: May 27, 2024.
1. ABOUT Nouxz
In these terms and conditions (“Terms”) as well as on this website (“Website”), “NOUXZ” or “we” refers to NOUXZ India Pvt. Ltd., a company incorporated and registered in India and NOUXZ Corporation, Japan (hereinafter referred to as “NOUXZ” which expression shall mean and include its successors and permitted assigns). The registered office of NOUXZ is located at Noida, Sector-65, and our email address is support@nouxz.com.
2. APPLICABILITY
2.1. These Terms apply to the sale and purchase of Nouxz products (“Product(s)”) on the Website as between Nouxz and the Customer who makes such purchase (“You” or “Customer”). By placing an order with Nouxz, 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. PRODUCTS
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. The scope of the applicable after-sales customer assistance and commercial guarantees are described on the Returns Policy of this Website available at https://nouxz.com/returns-policy and in the order confirmation.
4. ORDER PROCEDURE
4.1. NOUXZ 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 NOUXZ under these Terms for the purpose of placing and allowing the processing of the Orders. The Customer hereby allows NOUXZ to process, store or transfer the information provided by them if and when required by NOUXZ . Any/all data or information provided by Customers will be shared by NOUXZ with third parties who may use this data for processing the order, to enhance customer experience and send marketing, promotional and event-related emails to customers. NOUXZ hereby acknowledges that it will only process, store or transfer the data collected from Customers only as required under these Terms and Consent Notice. An overview of the processing of Your personal Data can be found
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 their Order(s) and the information they have provided, and correct any input errors before confirming their Order(s).
4.4. The Customer’s Order do not bind NOUXZ 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 NOUXZ , who may choose not to accept in its sole discretion, abnormal Orders and Orders which NOUXZ suspects are not placed in good faith.
4.5. Once NOUXZ receives the Customer’s Order, NOUXZ will send an email to the Customer via the email address that Customer provided (the “Order Confirmation Email”). This will be done as soon as reasonably practical. The Order Confirmation Email will acknowledge receipt of the Order(s) and set out details of the ordered Product(s). This Order Confirmation Email does not constitute an acceptance of the Customer’s Order(s) – only a confirmation that NOUXZ has received the Order.
5. CONCLUSION OF CONTRACT
5.1. After receiving the Customer’s Order(s), NOUXZ will check whether the relevant Product(s) is (are) in stock. NOUXZ shall then ship the Order and send a Shipping Email to the Customer. The contract governing the sale and purchase of the Product(s) between the Customer and NOUXZ (“Invoice”) will only be concluded after NOUXZ delivers the Order along with the physical copy of the invoice and sends the Customer an email confirming the delivery of the Order along with digital copy of the invoice, and that the Product(s) has/have been delivered (the “Delivery Email”).
5.2. NOUXZ will provide an accessible copy of the Invoice, so the Customer is encouraged to download, save and/or print a copy of the Delivery 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 active involvement of a parent or guardian.
5.4.:
(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://nouxz.com/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 athttps://nouxz.com/returns-policy.
(e) In case of any event outside the control of NOUXZ , it shall not be an obligation to supply the Products and NOUXZ shall not be liable for any consequential losses. The Customer’s remedy shall be restricted only to return the Product in terms of the Return Policy over https://nouxz.com/returns-policy
(f) All prices listed on the Website includes Goods and Service Tax, and include the costs for delivery, however if delivery fees is applicable then it 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 NOUXZ for the purpose of placing and allowing the processing of the Orders. The Customer hereby allows NOUXZ to process, store or transfer the information provided by them if and when required by NOUXZ . Any/all data or information provided by Customers will be shared by NOUXZ with third parties who may use this data to enhance customer experience and send marketing, promotional and event-related emails and in terms of the Consent Notice and Privacy Policy available at https://nouxz.com/privacy-policy, to the Customers.
6. PRICES
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 Order Confirmation Email and in the Invoice Email.
7. MISTAKE IN PRODUCT DETAILS
.1. If NOUXZ 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
(a) it should have been clear to the Customer that such mistake constituted a spelling or typesetting error; or
(b) in the given circumstances, the Customer could not have reasonably expected that NOUXZ 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. NOUXZ 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, NOUXZ may rescind its acceptance of the Customer’s offer and reimburse any amount paid by the Customer. The Customer hereby expressly agrees that NOUXZ ’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 or to reimburse the Customer for damages suffered in any manner whatsoever in such cases of cancellation.
8. FORCE MAJEURE
8.1. Notwithstanding any other provision in these Terms, NOUXZ 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 NOUXZ will inform the Customer as soon as reasonably practicable and use its commercially reasonable efforts to correct such failure or delay, failing which, NOUXZ will reimburse any payments made by the Customer. A Force Majeure Event means any event beyond NOUXZ ’ 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, pandemic, lockdown, 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. TERRITORY
9.1. NOUXZ will only deliver Products to addresses in India (“Territory”).
10. PAYMENT
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. During the payment page and order procedure, the Customer should fill out its correct credentials. The payment will be authorised online, so the Customer will know directly whether or not the payment mechanisms on the Website has been successful.
11. DELIVERY
11.1. NOUXZ shall ensure delivery of the Product to the address as included in the Order Confirmation Email.
12. TERMINATION/CANCELLATION OF ORDERS
12.1. Orders once placed cannot be cancelled. Didn’t like what you ordered, you can return your order within 7 days of delivery. Check returns policy for more details.
13. DEFECTIVE PRODUCTS
13.1. NOUXZ shall deliver the Products to the Customer which Products shall be in conformity with the Order for the relevant Products (“Agreement”).
13.2. If the Products purchased by the Customer do not conform to the Order at the time the Products were delivered to the delivery address in the Order then the customer can return such Product and get a refund of the Product as per NOUXZ Returns Policy.
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 rescission of the Agreement, NOUXZ may ask the Customer to return the Products before NOUXZ can process the refund in terms of the NOUXZ Return Policy. For information on how to return the Product to NOUXZ please refer to the return policy. Once NOUXZ receives the Product and confirms that there is a lack of conformity, NOUXZ will process the refund. The Customer will receive an email notification when NOUXZ has finished processing the refund.
13.5. NOUXZ 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, if applicable, without undue delay. NOUXZ will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction only.
13.6. NOUXZ shall only be liable where the lack of conformity exists at the time of delivery of the Products.
13.7. NOUXZ 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, NOUXZ 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 or business opportunities.
14. PERSONAL DATA
14.1. On account of all personal data of Customers, NOUXZ ’s Privacy Policy shall be applicable which can be found at https://www.asics.com/in/en-in/new-privacy-policy
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.
15. APPLICABLE LAW
15.1. All legal relationships between NOUXZ and the Customer are governed by the laws of India.
16. COMPLAINTS
16.1 If NOUXZ has made any error with respect to the Order and if the Customer has complaints, or if the Customer would like to contact NOUXZ for other reasons, please contact NOUXZ immediately at customer-service-india@asics.com or customer care number at 0124-6289100 and we will be happy to assist. Our normal business hours are 09:30 am to 5:30 pm IST, Monday – Friday (except on designated NOUXZ holidays and National holidays).
