We provide a number of Internet-based services (“Services”) through our Sites. One such Service enables Users to purchase merchandise of NBA such as footwear, clothing and other related accessories (collectively, "Products"). The Products can be purchased through our Sites through various methods of payments offered.

Users must be 18 years of age or older to register, or visit or use the Services in any manner and be competent to enter into a contract under the Indian Contract Law. By registering, visiting or using the Services, you hereby represent and warrant to us that you are 18 years of age or older, and that you have the right, authority and capacity to use the Services i.e., the territorial jurisdiction of the User shall be limited to India only, and agree to abide by this T&C. If a User is below 18 years of age, it is assumed that he/she is using/browsing our Sites under the supervision of his/her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to this T&C, including terms of purchase of Products, on behalf of the minor User. Should we be made aware that a User is under the age of 18 and is using/browsing our Sites without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such User’s account without further notice.

We are the owner or licensee of the intellectual property rights in the contents of Services, the information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on our Sites or any of the other Services (“NBA Store India Content”). NBA Store India Content are protected under copyright, trademark and any other applicable laws. You shall not modify the NBA Store India Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the NBA Store India Content in any way for any public or commercial purpose or for personal gain, without the prior express consent by us or the relevant intellectual property right owner, as the case may be.

We authorize you to view and access the NBA Store India Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with our Return and Refund Policy. We, therefore, grant you a limited, revocable permission to access and use the Services. This permission does not include a permission for carrying out any resale of the Products or commercial use of the NBA Store India Content, any collection and use of product listings, description, or prices, and any derivative use of our Sites or of NBA Store India Content.

You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or if we have reasonable grounds to suspect that the information provided by you is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of this T&C, we reserve the right to indefinitely suspend, terminate or block your access to our Sites, and refuse to provide you with access to our Sites in the future.

You understand that on your registration as a User or on your purchase of Products on our Sites, you may receive text messages and/or emails from NBA Store India on your registered mobile number and/or email address. These messages and/or emails could relate inter alia to your registration, NBA Store India’s acceptance or rejection of your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities you carry out on our Sites and information pertaining to the promotions that are undertaken by us (or third parties in connection with our Sites) from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of your order is not an acceptance from us that the Product will be delivered. NBA Store India’s acceptance to your offer to purchase shall occur and conclude only when the Products have been delivered by us and a text message and/or email confirming such delivery is visible on your tracking link. We, at all times, reserve the right to limit the quantity of items in, or cancel an order anytime before the delivery.

Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on our Sites in the event there is a change. Further, NBA Store India may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Products with you, we shall not be held liable for any failure to send such notifications or reminders to you.

Your shipping address and pin code will be verified with our database before you proceed to pay for your purchase. In the event your order is not serviceable by our logistics service providers or the area is not covered, we will request you to provide us with an alternate shipping address. You can make purchases on our Sites from anywhere in the world but at the same time you must ensure the payment and shipping address is within India.

When you submit an alternative address for delivery, you are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by you and we will have no liability in this regard.

Delivery

The delivery of the ordered products from our Sites to you will be made by logistics service providers assigned by us. Deliveries cannot be rescheduled after the order has been placed.

The logistics service provider assigned by us will make a maximum of two [2] attempts to deliver your order. In case you are not reachable, available or do not accept delivery of products in these attempts, we reserve the right to cancel the order at our discretion. You may be informed of such cancellation by email or SMS at the email address or mobile number provided to us. You agree not to hold us liable for any cancellation.

If you wish to request us to resend the product, you can do so by placing a new order for the product on the terms set out on the [‘product order page’] when you place the new order. Your order will be accepted subject to availability of the product.

In case there is any dispute regarding the shipment of the product or serviceability for the area not covered by the logistics service providers, we will not be responsible for the non-delivery of the product.

Title and risk of loss for all products ordered by you shall pass on to you upon delivery of the products at the shipping address provided by you.

Multiple Product Orders

In case you order multiple products in one transaction, we would endeavour to ship all products together. However, this may not always be possible due to some product characteristics or logistics issues and you may receive the products separately and at different times. If you purchase multiple products in a single transaction, then all the products would be dispatched to a single shipping address given by you. If you wish to ship products to different addresses, then you should book the orders separately based on the shipping addresses.

Missing Items

In the event, the product package received by you is missing one or more products or accessories or the order is partly delivered, you should inform us through our Customer Care Team within 3 days of delivery date of the package. Missing products claims will not be accepted after 3 days from delivery date.

Refusal of Delivery

Before accepting delivery of any product, kindly ensure that the product's packaging is not damaged or tampered. If you observe that the package is damaged or tampered, you are requested to refuse to accept delivery and inform our Customer Care Team within 24 hours of receiving the order.

Delivery Time

An estimated delivery time of each product will be displayed on the [‘product order page’]. On placing your order, you will receive an email or SMS at the email address or mobile number provided to us containing a summary of the order and also the estimated delivery time to your location. It may take additional time to pack and dispatch certain products and this time will be indicated by the message on the [‘product order page’]. This period is to be added to the shipping speed you choose.

Delivery timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.

About Delayed Delivery

Sometimes, delivery may take longer due to:

1. Bad weather.
2. Transportation delays.
3. Natural calamities.
4. Political disruptions.
5. Logistics service provider related challenges.
6. Product lost in transit.
7. Regional or national holidays which are considered as delivery holidays.
8. Other unforeseen circumstances or events beyond the control of us or logistics service provider.

If the estimated delivery date has passed and you still have not received your order, please contact us and we will take steps to track your package. In such cases, we may also try to proactively contact you. Please check your emails and SMS regularly for such updates.

We will not compensate for any mental agony or inconvenience, or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to us if any product in the order is unavailable or is delayed or lost in transit.

Cancellation by you:

You may cancel an order for any reason, although cancellation by you must be done before the product has been shipped for delivery. No cancellation is permitted subsequently.

You can cancel an order, or part of an order where multiple products have been ordered. This can be done either by calling or emailing Customer Care Team or from Your account on our Sites through ‘my orders’ section. You should state the reason for such cancellation. We will process the request for cancellation as per the policy in force.

If an order has been successfully cancelled, you will be sent a confirmation email or SMS at the email address or mobile number provided to us.

We reserve the right to accept or reject requests for order cancellations for any reason whatsoever. You agree not to hold us liable for any rejection of order cancellations.

We are the owner or the licensee of all the intellectual property used on our Sites by us, including the NBA Store India Content. Except as provided in this T&C, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of us or the relevant owner of such intellectual property right, as the case may be.

NBA Store India brand name and logo are the registered trademarks of the NBA.

If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at care@nbastore.in and let us know of your concerns.

You acknowledge and undertake that you are accessing the Services and purchasing the Products at your own risk and that you are using prudent judgment before placing an order for a Product or availing any Services through our Sites. We shall, at no point, be held liable or responsible for any representations or warranties in relation to the Products. Refund of the price paid for the purchase of a Product or replacement thereof shall be governed by the Return and Refund Policy which may be accessed on our Site.

The maximum aggregate liability of us, in respect of all Services provided, and all transactions undertaken by the User by using the Services, shall be limited to a maximum of INR 1,000 (Indian Rupees one thousand).

You hereby agree to indemnify and hold harmless NBA Store India, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of this T&C, (iii) infringement, or infringement by any other user of your account with NBA Store India, (iv) action or inaction on behalf of NBA Store India’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing Services; and (v) infringement of any intellectual property or other right of any person or entity. We shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide NBA Store India with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage or cost.

This Agreement will remain in full force and effect while you use any Service in any form or capacity.

We reserve the right to terminate our Services provided to you in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or if we are unable to verify or authenticate any information you submit to us.

The User may terminate this Agreement at any time, provided that the User discontinues any further use of our Sites or Services.

It is specifically clarified that any termination of this Agreement by a User shall not cancel the User’s obligation to pay for a Product purchased on our Sites, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

Any provision of this Agreement which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

Notwithstanding anything contained in this T&C or elsewhere, we shall not be held responsible for any loss, damage to you if such loss, damage is attributable to a Force Majeure Event. A "Force Majeure Event" means any event that is beyond our reasonable control and includes, without limitation, fire, flood, explosion, acts of God, civil commotion, strikes, lock outs or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, power failure, sabotage, computer hacking, unauthorized access to computer data and storage device, system failure, virus, attacks, bugs, computer crashes, breach of security and encryption.

We shall not be liable or responsible for any breach of conditions, representations or warranties by any third party manufacturers of the Products and expressly disclaims any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between the User and the manufacturers of the products.

The terms and conditions of this Agreement shall be governed by Indian law and only the courts in Delhi shall have exclusive jurisdiction to resolve any disputes.

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following email address:

Email Address: care@nbastore.in

Last updated: 27^th October 2023