Terms & Conditions, Refunds & Cancellation

Privacy Policy

Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of SellNicely. All information displayed, transmitted or carried on SellNicely is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to SellNicely. This site is designed, updated and maintained independently by SellNicely. The content is owned by SellNicely. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.

Ownership of rights

Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of SellNicely. All information displayed, transmitted or carried on SellNicely is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to SellNicely. This site is designed, updated and maintained independently by SellNicely. The content is owned by SellNicely. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.

Disclaimer

Information, services, names, pictures, advertisements, images and contents are provided “as is” on this web site. Design Nicely Technologies Private Limited expressly disclaims all and any kind of warranties, whether express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Parties using the information provided on this web site may do so after satisfying themselves that the same suits their individual requirements. SellNicely uses information voluntarily provided by users to optimise their experience on our website, whether to provide personalised elements on the site, or to prepare a better future content base in the interests of our users. However, the information contained on this web site is not intended to be, and should not be treated as legal or professional advice. “SellNicely” is a registered trademark. All other trademarks, company names or logos, and product names referred to in this web site remain the property of their respective owners. In no event shall SellNicely be responsible to any person or entity for any loss or damage, whether direct, indirect, incidental, consequential or otherwise, arising out of access or use or dissemination of information contained on this web site, including, but not limited to, loss of profits, data, or damage to the user’s computer systems. The information, contents, names, images, etc. may be changed, updated, modified and/or improved from time to time without any notice. SellNicely shall make all reasonable attempts to eliminate and exclude viruses from this web site. However, SellNicely does not ensure or accept any liability in respect thereof. Parties using this web site may take suitable precautions before downloading information. This Disclaimer Clause and any claims arising out of the use of the information from this web site shall be governed by the laws of India and only the Courts in Delhi, and no other Courts, shall have jurisdiction over the same. By accessing this web site, the user accepts this.

Communication

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Website feedback, user comments and user generated content

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to sellnicely.com on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain sellnicely.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to sellnicely.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. sellnicely.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘spam’. sellnicely.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant sellnicely.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify sellnicely.com and its affiliates for all claims resulting from any Comments you submit. sellnicely.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Privacy policy

The Service Provider will use the customer information as shared by the merchant to update and inform the customer through sms, whatsapp and/or email regarding the delivery status of the product and obtain feedback from the customer regarding the said service to improve customer experience with the service provider. The said information will be used for the purpose of updating the customer with the delivery status of the product and improving our service for the customer.

Refund policy

We support the following payment options at sellnicely.com Credit Card Debit Card UPI There are no hidden charges. You pay only the amount that you see in your order summary at the time of check out. If you see any charges on your credit/debit card for purchases made but you have never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf. If you’re still unable to recognize the charge, please report the unauthorized purchase within 30 days of the transaction so that we can look into it. Please email us at support@sellnicely.com In case of a payment failure, please retry ensuring: Information passed on to payment gateway is accurate i.e. account details, billing address, password (for net banking), etc. Kindly also check if your Internet connection has been disrupted in the process. If your account has been debited after a payment failure, it is normally rolled back to your account within 7 business days. You can email us on support@sellnicely.com with your order number for any clarification.

Cancellation policy

We accept all cancellations made before the next billing cycle of your subscription. Please reach out to our customer services for cancellation requests and refunds. If we suspect any fraudulent transaction or transactions violating the terms of website use, we are at sole discretion to cancel such orders. These customers/accounts will be denied access from the use of site or purchase of products in the future.

Merchant’s Terms & Conditions

Design Nicely Technologies Private Limited (“SellNicely” or “we” or “our”) is a private limited company incorporated under the provisions of Companies Act, 2013. SellNicely is engaged in the business of providing digital solutions through web/QR/WhatsApp based digital platform(s) (“SellNicely Platform”) which enable the merchants to connect to their customers inter alia by way of integration of social media platforms, in store ordering & billing system, bank/payment gateways and delivery partners (“SellNicely Services”). SellNicely is a B2B and B2C company providing technology solutions through the SellNicely Platform, to various business(es) and to the end customers as well. It is hereby clarified that SellNicely is only a technology provider and that SellNicely is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockiest and/or distributor. SellNicely has developed an exclusive URL (“SellNicely URL”) for each of the merchant listed/registered with SellNicely (“Merchant” or “you” or “your”) in order to provide SellNicely Services to the customers of the Merchant / user of the SellNicely URL (“Customer”). Further, SellNicely has developed a mobile application namely SellNicely App’ (“SellNicely Mobile App”) for assisting the Merchant(s) inter-alia with respect to registration process with SellNicely and processing of Customer’s orders. These terms and conditions (“T&Cs”) shall govern use of the SellNicely URL and SellNicely Mobile App (together referred as the “SellNicely Applications”) by the Merchant; accordingly, please read these T&Cs carefully before accessing or using the SellNicely Applications. If you do not agree to these T&Cs, you shall not use the SellNicely Applications and/or register yourself as a Merchant. By using the SellNicely Applications, you signify your unconditional acceptance to these T&Cs and other SellNicely policies (as framed by SellNicely from time to time).

Registration & Information

All Merchants shall register on the SellNicely Mobile App for offering/selling their products on the SellNicely URL. Registration includes (but is not limited to) completing the on-boarding process, providing necessary KYC documents and linking your bank account. Merchant shall always provide true, accurate, valid, correct, complete and up to date information on the SellNicely Applications. Such information shall include (and not be limited to) pricing, inventory, menu, customer data, inputs, bites, discount, taxes and other information as requested by SellNicely from time to time. Merchant shall at all times: (a) strictly comply with all applicable laws, now or hereafter in effect, relating to its performance of these T&Cs; (b) pay all fees and other charges required by such applicable law; and (c) obtain and maintain in full force and effect all licenses, permits, authorizations, registrations and qualification from any authority to the extent necessary to perform its obligations hereunder. In the event SellNicely believes/notices that the Merchant is involved in any fraudulent activity/transaction or in any activity which is in breach of applicable law, these T&Cs or any other policy of SellNicely, then SellNicely would inter-alia have the right to withhold the amounts to be received by the Merchant from its Customer(s) and/or suspend your account till the resolution of the matter/dispute.

Ordering

SellNicely Applications enable the Merchants to offer, sell and take order for their products from the Customers (“Order”), by providing various details of their products.

Self pick-up / Delivery

Customers shall have the option of self pick-up of the Orders from the Merchant’s store, or getting the Order delivered to their address provided by them on the SellNicely URL. Please note that delivery of the Orders shall be done by the Merchant himself (or through a third party), hence the Merchant shall be solely liable and responsible in relation to delivery of the Orders to the Customers. SellNicely does not provide delivery services, hence shall not be liable and responsible in relation to the delivery of the Orders to the Customers. All disputes in relation to the delivery of Orders shall be directly settled by the Merchant with the Customers, without the intervention of SellNicely.

Pricing

Merchants shall ensure that the products listed on the SellNicely URL are sold at MRP, unless otherwise specified. Typically, the price mentioned at the time of ordering will be the charged on the date of the delivery. However, prices of certain products/items (including fresh food items) may differ on the date of actual delivery. Accordingly, in case the prices are higher or lower on the date of delivery – the differential amount will be paid to or collected from the Customer (as the case may be).

Rewards

SellNicely may, in its sole discretion, provide rewards to any or all Merchants as per its internal policies. All aspects pertaining to the aforesaid rewards (including but not limited to reward introduction, amount, criteria, mode, modification and withdrawal) shall be decided by SellNicely.

Payment by the Customers

Customers shall have the option to make payment for their Orders on the SellNicely URL (through various available modes viz. credit card, debit card and UPI) or through cash on delivery mode directly to the Merchant.

Payment to the Merchant

As a consideration for rendering the SellNicely Services to the Customers, SellNicely shall charge/be paid by the Merchant, the fees / Per Transaction Fixed Charge (PTFC) / Payment Service Charge per transaction (PSC).

Cancellation

Customers cannot cancel their Order (or any product therein) and the same can only be cancelled by the Merchant if they are unable to serve the Customer for any reason (including but not limited to unavailability of the products/items). In certain cases (including but not limited to selling illegal products/items), SellNicely shall have the right to cancel the Orders (or any product therein).

Cancellation or Rejection of the Order / Items

For pre-paid Orders, in the event of any cancellation or rejection of the Order or any particular item(s) in the Order by SellNicely or Merchant, due to any reason (including but not limited to unavailability), the amount equivalent to the price of the cancelled or rejected Order/item along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the date of cancellation/rejection.

If amount is debited however Order is not successful

For pre-paid Orders, if the amount for an Order / item therein is debited from the Customer’s account/card however the Order is not successful, then the concerned amount along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the payment date.

Limit / Restrictions on Orders

SellNicely and/or Merchant reserves the right to put necessary limits / restrictions on the Orders, including but not limited to limit on number of Orders by a particular Customer and minimum & maximum value of the Orders.

SellNicely’s Limited Liability

SellNicely does not provide or make any representation, warranty or guaranty, express or implied, about the SellNicely Services, SellNicely Platform, SellNicely URL and SellNicely Mobile App, and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the same. In addition to other limitations and exclusions in these T&Cs, in no event shall SellNicely, its directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to SellNicely Services, SellNicely Platform, SellNicely URL and SellNicely Mobile App. SellNicely shall not be liable to the Customers for any product(s) or service(s) provided by the Merchant, or any liability in relation thereto. All claims pertaining to the same shall be directly settled by the Merchant. SellNicely neither makes any representation or warranty as to specifics (such as quality, value, salability, merchantability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the SellNicely Applications, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the SellNicely Applications. SellNicely accepts no liability for any error, omission, breach or non-performance, whether on behalf of itself or third parties (including the Merchant). Any contract for sale of any of product(s) or service(s) on SellNicely Applications shall strictly be a bipartite contract between the Merchant and Customer. In case of complaints from the Customer pertaining to efficacy, quality or other such issues, SellNicely shall notify consumer the Merchant. The Merchant shall be liable for redressing Customer’s complaints. Details of the items, products, menu, price list, etc. available on the SellNicely Applications shall be based on the information provided by the Merchant, and SellNicely shall not be responsible for any change or cancellation or unavailability. In addition to the above terms, the terms and conditions of the Merchant (if any) shall also be applicable in relation to the transactions specified in these T&Cs. Merchant shall inform such terms and conditions to the Customer in advance.

Privacy / Data Protection

In the process of registration with SellNicely and processing of Orders, SellNicely may collect certain personally identifiable information about the Merchant such as name, email address, mobile phone number, contact details and bank account details. SellNicely is committed to protect the personal information of the Merchants and to take all reasonable precautions for maintaining confidentiality of the Merchant’s personal information. SellNicely has adopted reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business and to include, technical, operational, managerial and physical security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. In this regard, SellNicely has framed a privacy policy (“Privacy Policy”) which applies to the users of the SellNicely Applications and other SellNicely platforms. This Privacy Policy has been published in accordance with the (Indian) Information Technology Act, 2000 and the rules/regulations framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and is available on https://sellnicely.com/privacy-policy.html. Privacy Policy has been designed and developed to help to provide for the following:
  • The type of personal information (including sensitive personal data or information) that we collect from the users.
  • The purpose of collection, means and modes of usage of such personal information by SellNicely.
  • How and to whom SellNicely will disclose such information.
  • How SellNicely will protect the personal information including sensitive personal data or information that is collected from the users.
  • How users may access and/or modify their personal information.
SellNicely reserves the right to use the personal information provided by the Merchants as per the terms of the Privacy Policy inter-alia for processing the Orders and for improvement of services, features and functionality of the SellNicely Platform. Merchant fully understands that usage of the SellNicely Applications by the Customers may create or generate database in respect of such Customers. All rights and ownership with respect to such database and information therein shall vest with SellNicely.

Banned Items

SellNicely’s List of Banned Products (Indicative List not exhaustive)  
  1. Adult Products and Pornographic/ Obscene Materials (including child pornography) in any
form (Print, audio/video, MMS, images, photographs, etc.)   2 Alcohol  
  1. Animals, whether live or dead including its parts and products
 
  1. Any article/material/service which cannot be exhibited, advertised, made available, offered for
sale at e-commerce platforms/ technology due to restrictions/conditions for sale of those articles / material/ service unless all those conditions are met pursuant to the Applicable Laws  
  1. Any article/material/service which are prohibited by any law at any given time.
 
  1. Any item/material which may assist in performance of any illegal or unlawful activity
 
  1. Counterfeit Goods and goods/materials infringing any intellectual property rights
 
  1. Currency, Negotiable Instruments, etc.;
 
  1. Endangered species of animals and plants, whether alive or dead
 
  1. Fire Arms, parts thereof and ammunitions, weapons, knives, sharpedged and other deadly
weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;  
  1. Financial Services
 
  1. Grey market product
 
  1. Hazardous materials including but not limited to acid, fireworks, explosives, flammable
adhesives, poison, hazardous chemical, oil-based paint and thinners (flammable liquids), industrial solvents, insecticides & pesticides, machinery (containing fuel), Fuel for camp stoves/lanterns/heating elements, infectious substances etc.  
  1. Human remains or skeleton
 
  1. Invoices (including blank, pre-filled, or value added invoices or receipts), is strictly
prohibited on the Site )  
  1. Liquefied Petroleum Gas cylinder
 
  1. Maps and literature where Indian external boundaries have been shown
incorrectly  
  1. Narcotic Drugs and Psychotropic Substances
 
  1. Government related items/ equipment‟s (like wireless with frequency used by Police,
uniforms of Government officials including but not limited to Police/ Army, etc.)
  1. Prescription Medicines and Drugs
 
  1. Racially/ethnically/religiously offensive materials
 
  1. Radioactive Materials
 
  1. Reptile skins
 
  1. Sex Determination Kit
 
  1. Stocks and Securities
 
  1. Stolen Properties
 
  1. Unauthorized Copies of Intellectual Property
 
  1. Veterinary Drugs for animals
 
  1. Wildlife and Animal Products
 
  1. Any other sanctioned or prohibited items as per law.
 
  1. Passports, other government issued personal documents
 
  1. Any other items deemed unfit for listing by SellNicely.com

MISCELLANEOUS:

Limited Sub-License: SellNicely grants you a limited sub-license to access and make personal use of the SellNicely Applications and not to modify it, or any portion of it, except with express written consent of SellNicely. This license does not include any resale or commercial use of SellNicely Applications or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of SellNicely Applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. SellNicely Applications or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SellNicely. Eligibility: Services of the SellNicely Applications will be available to only in select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the SellNicely Applications. If you are a minor, you may use the SellNicely Applications only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs. ndemnification: You agree to defend, indemnify and hold harmless SellNicely, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, which may result in any loss, damage or liability to SellNicely, Customer or to any third party, on account of (including but not limited to) breach of any warranties, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws, regulations. Electronic Record: This document is an electronic record in terms of Information Technology Act, 2000 and the rules made thereunder, as applicable and as amended from time to time. Modification: SellNicely reserves the right to modify or change these T&Cs and other SellNicely policies at any time by posting changes on the SellNicely Applications/website, and you shall be liable to update yourself of such changes. Your continued usage of the services after any change is posted constitutes your acceptance of the amended T&Cs/policies. Termination: SellNicely may terminate this agreement / T&Cs at any time and may do so immediately without notice, and accordingly deny you access to the SellNicely Applications. Any such termination will be without any liability to SellNicely. Severability: If any of the provisions of these T&Cs should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these T&Cs are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable. Governing Law and Jurisdiction: Without prejudice to the above, these terms and conditions shall be construed in accordance with the applicable laws of India, and the Courts at Gurgaon, Haryana shall have exclusive jurisdiction in any proceedings arising out of these terms and conditions/between SellNicely and the Merchant.