Welcome to www.nykaa.com ( "Site" or "Nykaa " ). The website www.nykaa.com is owned and operated by Nykaa E-Retail Private Limited (" NYKAA "), and the retail stores i.e. Nykaa Luxe and Nykaa On Trend is operated under FSN Brands Marketing Private Limited ("FSN B") a company incorporated under the provisions of the Companies Act, 2013 with its registered office at 104, Vasan Udyog Bhavan, Sun Mill Compound, S.B.Marg, Tulsi Pipe Road, Lower Parel, Mumbai 400 013 India. Nykaa and FSN B are together referred to as NYKAA and the Site and retail stores are together referred as Platform. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. You may also be using our interactive services (" Interactive Services "), such as our Beauty Suggestions, Beauty Book etc. and the Beauty Services wherein you can book any beauty service provided by our beauty partners (" Beauty Services ") and these Terms of Use also govern your use of the Interactive and Beauty Services. These Terms of Use govern all the products offered on the Platform including the Interactive and Beauty Services.
The Platform is only to be used for your personal non-commercial use and information. Your use of the services and features of the Platform shall be governed by these Terms and Conditions (hereinafter " Terms of Use ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " Policies ") as modified and amended from time to time.
By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING . If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.
NYKAA reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If NYKAA decides to change the Terms of Use or Policies, NYKAA will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by NYKAA in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of NYKAA.

This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. NYKAA or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to NYKAA.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Nykaa’s and NYKAA’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site.The information provided to us shall be maintained by us in accordance with our Privacy Policy.

NYKAA attempts to be as accurate as possible in the description of the product on the Platform. However, NYKAA does not warrant that the product description, colour, information or other content of the Platform is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

NYKAA reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.

The products and services available on the Platform, and the samples, if any, that Platform may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons.

In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that NYKAA is in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.

Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by NYKAA or any of its associates in any manner.

NYKAA strives to provide accurate product and pricing information, however errors may occur.

NYKAA cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 8 (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, NYKAA shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, NYKAA may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and NYKAA will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that NYKAA accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to NYKAA’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF NYKAA. NYKAA may revise and cease to make available any product/ services at anytime. In the event, NYKAA is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. NYKAA shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

Payments for the products available on the Site may be made in the following ways:

• Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
• Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
• Cash On Delivery option is not available for orders outside India.

Please refer to our Shipping and Delivery Policy provided on our Site, as amended from time to time.

Nykaa is working towards being compliant with the guidelines laid down by Central Pollution Control Board (CPCB). Click here to Read Read more >

The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

• NYKAA may suspend the chat service at any time without notice.
• NYKAA or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
• Communication through chat may be stored by NYKAA for future reference, and the user of such service will not have the right to access such information at any future date.
• While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
• The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
• You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (" User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that

1. belongs to another person and to which the user does not have any right to;
2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propoganda or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.

NYKAA shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. NYKAA does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by NYKAA. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will NYKAA be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against NYKAA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that NYKAA has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, NYKAA has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at support@nykaa.com and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

The "Nykaa", "Nykaa Luxe" and "Nykaa On Trend" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks" ) of NYKAA. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of NYKAA or others, are the intellectual property of their respective owners, and NYKAA shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

NYKAA and its suppliers and licensors expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Site is the exclusive property of NYKAA and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents " ) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless NYKAA explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by NYKAA, any of its affiliates or by third parties who have licensed their materials to NYKAA and are protected by Indian copyright laws and international treaties.

NYKAA grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates.

NYKAA reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. NYKAA shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

NYKAA shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. NYKAA does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

NYKAA through the Site intends to provide its users with general information about beauty and healthcare topics and products. The Site encourages its users to interact with NYKAA and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with NYKAA, its employees or representatives (collectively referred to as " Information ") which are in furtherance of any communication made by the user with NYKAA, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While NYKAA takes reasonable care to ensure that the Information is accurate, NYKAA makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by NYKAA or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will NYKAA, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
In keeping with NYKAA's objective of providing \its users with general information about beauty and healthcare topics and products, NYKAA engages experts having knowledge of in their respective fields (" Experts ") to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails, chat rooms or on social networking sites, including the Site's facebook page (collectively referred to as " Expert's Opinion ") is based on the Expert’s personal opinion. The Expert's Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. NYKAA makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert's Opinion. In case any user relies on such Expert's Opinion, he/she may do so at its own risk. Under no circumstances will the NYKAA, Company, its employees, representative or affiliates be liable for such Expert's Opinion or for the consequences of relying on such Expert's Opinion.

For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF NYKAA. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply NYKAA endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between NYKAA and those third parties.

NYKAA is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. NYKAA do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

These Terms of Use are effective unless and until terminated by either you or NYKAA.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. NYKAA may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site.

Upon any termination of the Terms of Use by either you or NYKAA, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

You agree to defend, indemnify and hold harmless NYKAA, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to NYKAA or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.

Without any prejudice to particulars listed in Clause 13 above, NYKAA shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
4. sending unsolicited email, including promotions and/or advertising of products or services; or
5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

NYKAA is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from NYKAA on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and NYKAA with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

NYKAA's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please email us at support@nykaa.com

Customer Service Desk
E-mail id: support@nykaa.com
E-mail id (for international customers): internationalsupport@nykaa.com
Phone: 1800-267-4444

Contact Days: Monday to Saturday (8:00 a.m. to 10:00 p.m.)
Sunday (10.00 a.m. to 7.00 p.m.)

• Once our system processes your order, your products are inspected thoroughly to ensure they are in a perfect condition.
• After they pass through the final round of quality check, they are packed and handed over to our trusted delivery partner.
• Our delivery partners then bring the package to you at the earliest possiblity. In case, they are unable to reach your provided address or at a suitable time, they will contact you to resolve the issue.
• International Shipping – International clients do not pay import duties levied by their government to Nykaa. Clients will have to pay the customs duty to the courier provider in order to receive the product.

We package our products in boxes, which are covered in a plastic layer. Each individual product is packaged in bubble wrap while fragile items like bottles are safely secured with additional bubble wrap.

We pride ourselves on the quality of our packaging.

Nykaa ships throughout India! Nykaa now ships to Nepal; login soon to our website as we add more countries to our shipping locations.

We usually dispatch most orders within 1-4 business days (excluding Sundays and public holidays)

• Though, we keep 95% of our catalogue in our inventory, certain products need to be sourced directly from the brand itself so that we can live up to our promise of providing fresh, non-expired products.
• While we are trying our best to avoid this situation, these products might delay your order. However, in case of international orders, product delivery may get delayed due to reasons attributable to logistics, public holidays, etc.
• If you are ordering our products from a Mega Sale event, dispatches may be a bit delayed due to increased volumes. We will target to dispatch all orders within 5 days of order date.

Don’t worry! This is a completely normal situation. This just means that different parts of your order may have simply been shipped from our different warehouse locations. Rest assured, you will only have to pay the shipping/CoD charge if applicable, on the first package you receive.

International orders, in most instances, will be shipped in their entirety as one shipment.

• We have standard shipping charges for most addresses.
• India shipping charges - A flat Rs.70 charge is applied to all orders below Rs.499, while there is free shipping for all orders above Rs.499.
• International shipping charges-A flat rate of all Rs.500 will be charged for all orders below Rs.5000, while there is free shipping for all orders above Rs.5000.
• We are currently not accepting Cash On Delivery orders below Rs.499 or above Rs.50,000.

At present Nykaa ships only to Nepal. However, we are working on starting international delivery to many other countries, so stay tuned!

If the order of the item(s) that you want to cancel has not been shipped yet, you can raise your cancellation request via the following routes :

1. Via 'My Orders' section
   Go to your account > Click on 'Orders' > Go to the order you want to cancel and select 'Order Details' > Click on 'Cancel Item' > Select the item(s) in your order that you would like to cancel and provide the reason for cancellation and 'Confirm' > Once submitted, your item(s) will be cancelled and your refund will be processed.
2. Via the Help Center
   Click on 'Have a Concern' > 'Write To Us' > 'Submit a Request' > Provide us with your order ID details and your request to cancel your order. > Our service representative will review your query and revert in 24 hours.
3. Via Email or Call
   Send an email to our customer support team at support@nykaa.com to cancel your order along with your order ID details. Or call us on 1800-267-4444 (Monday To Saturday, 8AM to 10PM and Sunday 8AM to 7PM).

In case of cancellation before shipment, we process the refund within 24-48 business hours after receiving the cancellation request.

In case of cancellation once the shipment has already been dispatched or if it is being returned, we process the refund once the products have been received and verified at our warehouse.

• For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 24-48 business hours of us receiving the products back. It may take 2-3 additional business days for the amount to reflect in your account.
• For cash on delivery transactions, we will initiate a bank transfer against the refund amount against the billing details shared by you. This process will be completed within 24-48 business hours of us receiving the products back and your bank details on email. It will take an additional 2-3 business days for the amount to reflect in your account.
• In addition, we also provide a hassle-free option to refund your amount directly to your Nykaa Wallet , which can be used during future purchases.

Discount vouchers are intended for one-time use only and shall be treated as used even if you cancel the order.
If you had redeemed loyalty points for an order, the same will be credited back to your account in the case of a cancellation.

How do I return an item purchased on Nykaa?
Indian Orders:

Nykaa offers its customers an ’Easy return policy’, wherein you can raise a return/exchange request of a product within 15 days of its delivery. We also accept partial returns wherein you can raise a return request for one or all products in your order.

• Step 1: Follow one of the following steps:
  1. Via My Orders section
     Click on 'Orders'. Go to Order and select 'Have a Concern'. Proceed with reason for return.
  2. Via Help Center
     Click on 'Have a Concern'>Click on 'Submit a Request' > Provide us with your order ID details and your request to return/replace/refund your order. Kindly share an image of the product and the invoice for our reference
  3. Via Email
     Share an email to our Customer support team at support@nykaa.com within 15 business days of receiving the order.
• Step 2: Once your request is received, we will be responsible to pick the item from you. We will initiate the refund or replacement process only if the products are received by us in their original packaging with their seals, labels and bar-codes intact.

Note: If it is a case of replacement, it is subject to the availability of stock. In cases when a replacement may not be available, we will refund you the full amount.

International Orders:

Products can only be eligible for returns if the products received by the customer are deemed to have been received in a damaged / defective state or are expired or an incorrect product has been delivered. Such products can only be returned in their original packaging, in an unused and sealed condition. [Opened or used products will not be accepted as returns.]

If a return is accepted, Nykaa will replace or refund the invoiced rupee value for, the damaged / defective / expired / wrong product. In either case, the additional customs amount paid by the customer to receive the product will be reimbursed to the customer in the form of a refund coupon, that can be applied to the customer’s next order with Nykaa, subject to the customer providing a copy of the customs receipt.

Note: If it is a case of replacement, it is subject to the availability of stock. In cases when a replacement may not be available, we will refund you the full amount. Kindly refer to the next question for exclusions to refunds.

• Product is damaged due to misuse/overuse
• Returned without original packaging including, price tags, labels, original packing, freebies and other accessories or if original packaging is damaged
• Serial Number is tampered with.
• Defective products that are not covered under Seller/Manufacturer’s warranty
• Product is used or altered
• If request is initiated after 15 business days of order delivery
• Free product provided by brand

• Customized Products (eg: lipsticks, compacts, mascaras, etc) cannot be returned since they are available during select promotions and ordered on demand
• Personal care appliances cannot be returned due to hygiene issues

Please note: For certain marketing campaigns or mega sale periods, special return/exchange/refund rules may apply. Information regarding this is visible on the promotion banner. For any clarification, please feel free to contact our customer care.

Our shipments go through rigorous quality check processes before they leave our warehouse. However in the rare case that your product is damaged during shipment or transit, you can request for a replacement or cancellation and refund.

If you have received an item in a damaged/defective condition or have been sent a wrong product, you can follow a few simple steps to initiate your return/refund within 15 days of receiving the order:

• Step 1: Follow one of the following steps:
  1. Via My Orders section
     Click on 'Orders'. Go to Order and select 'Have a Concern'. Proceed with reason for return.
  2. Via Help Center
     Click on 'Have a Concern'>Click on 'Submit a Request' > Provide us with your order ID details and your request to return/replace/refund your order. Kindly share an image of the product and the invoice for our reference
  3. Via Email
     Share an email to our Customer support team at support@nykaa.com within 15 business days of receiving the order.
• Step 2: Once your request is received, we will be responsible to pick the item from you. We will initiate the refund or replacement process only if the products are received by us in their original packaging with their seals, labels and bar-codes intact.

Note: If it is a case of replacement, it is subject to the availability of stock. In cases when a replacement may not be available, we will refund you the full amount.

Yes. The free gift is included as a part of the item order and needs to be returned along with the originally delivered product.

Yes. A return can be created at item level and if you have ordered multiple items, you can initiate a return/replacement/refund for any individual item. However, any product being returned needs to be returned in full including all components as well as any complimentary gifts or products which came along with it.

In case of a return/replacement/refund, we process the refund once the products have been received and verified at our warehouse.

• For payments done through credit/debit cards or net banking ,the refund will be processed to the same account from which the payment was made within 24-48 business hours of us receiving the products back. It may take 2-3 additional business days for the amount to reflect in your account.
• For cash on delivery transactions ,we will initiate a bank transfer against the refund amount against the billing details shared by you. This process will be completed within 24-48 business hours of us receiving the products back and your bank details on email. It will take an additional 2-3 business days for the amount to reflect in your account.
• In addition, we also provide the hassle-free option of refund through Nykaa coupons, which can be used during future purchases.

This Privacy Policy outlines Nykaa E-Retail Private Limited ’s approach to Data Protection and Privacy to fulfil its obligations under the applicable laws and regulations . This Privacy Policy applies to your Personal Information which is processed by us, whether in physical or electronic mode.

While you may be able to browse the platform (Website and App collectively referred to as “Platform”) from countries outside of India, however please note we do not offer any product/service under this Platform outside India.  By visiting the platform or providing your information, you expressly agree to be bound by this Privacy Policy and agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If you do not agree please do not use or access our Platform.

In this Privacy Policy, the expressions ‘Personal Information’, ‘Data Subject’, ‘Controller’, ‘Processor’ and ‘Processing’ shall have the meanings given to them in the applicable privacy laws .

We are committed to treating data privacy seriously. It is important that you know exactly what we do with your Personal Information.

Throughout this document, “we”, “us”, “our”, “ours”, “Nykaa” refer to NYKAA E-RETAIL PRIVATE LIMITED . Wherever we have said ‘you’ or ‘your’ or ‘Customer’, this means YOU

NYKAA E-RETAIL PRIVATE LIMITED is a company incorporated and registered under the provisions of the Companies Act, 2013 and having its registered office at 104, Vasan Udyog Bhavan, Sun Mill Compound, Lower Parel, Mumbai 400 013. Nykaa E-Retail Private Limited is engaged in the business of facilitating selling, marketing and retailing cosmetic and beauty products (“Business”) through the e-commerce Platform developed and owned by Nykaa E-Retail Private Limited and/or its parent company, and/or its affiliates or offline stores / events to conduct its Business.

We play the role of a Data Controller when we collect and process Personal Information about you.

We play the role of a Data Processor when we collect and process Personal Information on behalf of another Data Controller

We commit to protecting your privacy and hence our Personal Information handling practices are continually reviewed to ensure compliance with the applicable Privacy laws and regulations

We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.

Categories of Personal Information collected and processed by us are as follows;

Demographic & Identity data

• Contact details such as Name, email address, contact number, shipping address, country, date of birth, profile picture
• Open data and public records such as information about YOU that is openly available on the internet
• Details such as Transaction amount, Bank Name, Card Type, Card number.

Online Identifiers and other Technical Data

• Location details such as data we get about your location, IP address, logs, or from where you connect a computer to the internet
• Technical details such as device information, location and network carrier when you use our mobile applications
• Communications details such as the Metadata and other Personal Information we get from communications done through e-mails, SMS, instant messages and calls
• Usage data details such as data about how you use our Platform or web-based properties, pages viewed, etc.

By using the Platform and/ or by providing your information, you agree and consent to us collecting, storing, processing, transferring, using and sharing of your personal information (including sensitive personal information as per applicable law) that you disclose on the Platform with third parties or service providers for the purposes set out and in accordance with this Privacy Policy.

We use your personal information to operate, provide, develop, and improve the products and services. These purposes include:

Purchase and Delivery of Products and Services

We use your personal information to take and handle orders, deliver products and services, process payments, and communicate with you about orders, products and services, and promotional offers.

Provide, Troubleshoot And Improve NYKAA

We use your personal information to provide functionality, analyze performance, fix errors, and improve the usability and effectiveness of the NYKAA.

Recommendations and Personalization

We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with NYKAA.

Communicate With You

We use your personal information to communicate with you in relation to NYKAA via different channels (e.g. SMS, Whatsapp, by phone, e-mail, chat).

Advertising

We use your personal information to display interest-based ads for features, products, and services that might be of interest to you.

COOKIES AND OTHER TRACKERS USED BY OUR DIGITAL PROPERTIES

Cookies are small text files that are placed on your computer by websites that you visit. Similarly, there are other types of trackers used. Likewise, Mobile Apps use requisite permissions and SDKs. These are used to make websites & apps work, or work more efficiently, as well as to provide information to the owners of the website/app.

Depending upon the jurisdiction from where you might be accessing our Platform and as per applicable laws you may be served different types of cookies such as strictly necessary cookies, performance cookies etc. We use cookies, permissions and other trackers on our Platform to collect and process data so as to provide you a better online experience as well as improve our services.

For more information about cookies, and how to disable them, visit http://www.allaboutcookies.org

Below are the categories of cookies used on our website along with a description of what they are used for

Most web browsers allow some control of most cookies through the browser settings. Please note disabling the ‘Strictly Necessary’ cookies may cause certain parts of our website to remain inaccessible to you.

We use other tracking mechanisms in addition to the above

• Pixel Tags
• Log Files
• Clickstream analytics

Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our sites are not currently set up to respond to those signals.

Nykaa app contains third party SDKs that collect personally identifiable information (PII). They use this information to better target users or provide elements of our products & services on behalf of us.These third party sites have separate and independent privacy policies.

We may share your personal data with select third parties, group companies for the below purposes including but not limited to:

• Order processing - For instance using a third party order management system to track and document the orders you place with us.
• Delivering packages - For instance using third party delivery service providers to ensure delivery of orders placed by You.
• Sending emails communication and marketing assistance - To optimize our methods and channels of communication with You.
• Processing payments - To enable secure and convenient modes of payment processing.
• Providing customer support - To collate Your queries received via different modes and ensure timely resolution.
• Analyzing data to continuously better our services and for prevention, detection, mitigation, and investigation of fraudulent or illegal activities related to our products and services.

We have put in place appropriate contracts and personal data protection obligations on the third-parties engaged by us, and they are subject to strict contractual obligations when processing your personal data.

Reasons for disclosing your Personal Information to other parties:

We may disclose your Personal Information to others where it is lawful to do so including where we or they:

• have a legal obligation to do so, e.g. to assist with detecting and preventing fraud,
• have requirement in connection with regulatory reporting, litigation or asserting or defending legal rights and interests
• have a legitimate business reason for doing so
• want to send you information and promotional material regarding our products and services,
• have asked you for your consent to share it, and you’ve agreed
• Improve your online experience for using our product.
• to protect the safety of any person, or to protect our rights or the rights of those who use our products & services.

To whom your Personal Information may be disclosed:

We may disclose your Personal Information for the above purposes to other parties including:

• Other group companies and any subcontractors, agents or service providers who work for us or provide services to us or group companies (including their employees, sub-contractors, service providers, directors and officers)
• Law Enforcement Authorities, Government Authorities, courts, dispute resolution bodies, our regulators, auditors and any party appointed or requested by our regulators to carry out investigations or audits of our activities
• Statutory and regulatory bodies and authorities (including the government) investigating agencies and entities or persons, to whom or before whom it is mandatory to disclose the Personal Information as per the applicable law, courts, judicial and quasi-judicial authorities and tribunals, arbitrators and arbitration tribunals
• Overseas regulators
• Anybody else that we’ve been instructed to share your Personal Information with by you

Personal Information we hold about you may be transferred to other countries outside your residential country for any of the purposes described in this Privacy Policy.

You understand and accept that these countries may have differing (and potentially less stringent) laws relating to the degree of confidentiality afforded to the information it holds and that such information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process. In addition, a number of countries have agreements with other countries providing for exchange of information for law enforcement, tax and other purposes.

If we transfer your Personal Information to third parties for purposes stated in this Privacy Policy, we will use best endeavors to put in place appropriate controls and safeguards to ensure that your Personal Information is kept accurate, adequately protected, and processed only for specified and reasonable purposes in a manner that is fair, transparent and has a lawful basis, and is stored for no longer than is absolutely necessary.

We are committed to protecting your Personal Information in our custody. We take reasonable steps to ensure appropriate physical, technical and managerial safeguards are in place to protect your Personal Information from unauthorized access, alteration, transmission and deletion. We work to protect the security of your personal information during transmission by using encryption protocols. We use multi-layered controls to help protect our infrastructure, constantly monitoring and improving our applications, systems, and processes to meet the growing demands and challenges of security.We ensure that the third parties who provide services to us under appropriate contracts, take appropriate security measures to protect your Personal Information in line with our policies.