Nestopar Private Limited

Terms and Conditions for Return, Refund and Exchange of Products
("Return & Refund Terms" or "RRT")

Version 2.0 (Final) | Applicable to Nestopar Shop and Nestopar Pro | Jurisdiction: India

Clause 1. PREAMBLE AND PURPOSE

1.1 These Terms and Conditions for Return, Refund and Exchange of Products (hereinafter referred to as the "Return & Refund Terms" or "RRT") are issued by Nestopar Private Limited (hereinafter "Nestopar", "Company", "we", "us" or "our"), a company incorporated under the laws of India, and operating the digital platform accessible at www.nestopar.com and through its mobile applications (collectively, the "Platform").

1.2 These RRT govern the rights, obligations, timelines, processes, and limitations applicable to the return, refund, replacement, and exchange of goods and services transacted through Nestopar Shop (e-commerce) and Nestopar Pro (local merchant services).

1.3 These RRT must be read in conjunction with: (a) Nestopar's General Terms of Service; (b) the Nestopar Selling Policy; (c) the Infocash Terms of Service; and (d) the Nestopar Privacy Policy. In the event of a conflict, these RRT shall prevail with respect to return, refund, and exchange matters.

1.4 These RRT are issued in compliance with the following applicable laws and regulations of the Republic of India: (a) the Consumer Protection Act, 2019; (b) the Consumer Protection (E-Commerce) Rules, 2020; (c) the Information Technology Act, 2000; (d) the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; (e) the Digital Personal Data Protection Act, 2023 (DPDPA); (f) the Central Goods and Services Tax Act, 2017 (CGST Act) and applicable State GST laws, to the extent relevant to refund transactions; (g) the Arbitration and Conciliation Act, 1996; and (h) all other applicable laws and regulations of India as amended from time to time.

1.5 These RRT do not curtail or limit any statutory rights granted to consumers under Indian law. Where any provision of applicable law grants broader protections to consumers than what is contained herein, such statutory protections shall prevail.

1.6 By creating an account on the Platform and completing a transaction, the Customer unconditionally accepts these RRT. These RRT become binding and effective from the date the Customer's account is created on Nestopar.

Clause 2. DEFINITIONS AND INTERPRETATION

2.1 In these RRT, unless the context otherwise requires, the following terms shall have the meanings ascribed to them below:

  • "Customer" means any individual or legal entity that registers an account on the Platform and purchases goods or services through Nestopar Shop or Nestopar Pro.
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  • "Seller" means a third-party vendor, distributor, or individual who lists and sells physical or digital goods on Nestopar Shop.
  • "Merchant" means a business or individual offering local services, event tickets, restaurant deals, or offline products through Nestopar Pro.
  • "Product" means any physical good, digital good, subscription, voucher, ticket, service, or other item transacted through the Platform.
  • "Order" means a confirmed transaction initiated by a Customer for one or more Products in a single checkout.
  • "Single Product Order" means an Order containing exactly one Product unit from one or more Sellers, where only one item has been purchased.
  • "Multi-Product Order" means an Order containing two or more Product units, whether from the same Seller or multiple Sellers, purchased in a single checkout.
  • "Return Window" means the time period, measured from the date of delivery, during which a Customer may initiate a valid return request for an eligible Product.
  • "Return Request" means a formal application submitted by a Customer through the Platform requesting return, refund, or exchange of a Product.
  • "Defective / DOA" means a Product found to have a material manufacturing fault, physical damage, or functional non-operability at the time of delivery or upon first use, prior to any customer-side handling.
  • "Replacement" means provision of an identical Product of the same brand, model, and specifications in substitution for a Defective or DOA Product.
  • "Exchange" means substitution of a delivered Product for a different size, colour, or variant of the same Product, subject to stock availability and eligibility conditions.
  • "Refund" means reimbursement of the monetary consideration paid by the Customer to Nestopar for a Product, in the manner prescribed by these RRT.
  • "Convenience Fee" means a platform service charge levied by Nestopar on the Customer at the time of checkout, separate from the Product price and applicable shipping charges.
  • "COD Charge" means a fee levied by Nestopar for processing an order paid via the Cash on Delivery payment mode.
  • "Infocash Wallet" means the digital wallet feature on the Nestopar Platform, governed by the Infocash Terms of Service, into which refunds arising from COD orders are credited.
  • "EMI" means an Equated Monthly Instalment arrangement offered by a bank or non-banking financial company (NBFC) to the Customer for financing the purchase of a Product.
  • "Service Centre" means a brand-authorized repair and maintenance facility designated by the manufacturer or brand to handle post-delivery defects, repairs, and warranty claims for Tier 2 Products.
  • "Policy Tier" means the category-based return and refund classification (Tier 1, Tier 2, or Tier 3) automatically assigned by Nestopar to each Product based on its product category.
  • "Non-Returnable Product" means a Product assigned to Tier 3 or otherwise excluded from return eligibility under these RRT.
  • "Original Packaging" means all packaging material, inner padding, outer carton, accessories, warranty card, user manual, and invoice supplied with the Product at the time of delivery.
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  • "Proof of Delivery" means delivery confirmation records including but not limited to courier tracking data, delivery agent sign-off, and OTP confirmation.
  • "Proof of Damage" means photographs, video evidence, or delivery agent written confirmation documenting physical damage or defects at the time of delivery.
  • "Governing Law" means the laws of the Republic of India.

2.2 References to "days" mean calendar days unless expressly stated as "business days". Business days exclude Sundays and declared public holidays in India.

2.3 Headings and clause numbers are for convenience only and shall not affect the interpretation of these RRT.

2.4 References to any statute or statutory provision include any amendment, modification, or re-enactment thereof in force from time to time.

Clause 3. SCOPE AND APPLICABILITY

3.1 These RRT apply to all transactions completed on Nestopar Shop and Nestopar Pro, including purchases of physical goods, digital goods, subscriptions, event tickets, local merchant services, and vouchers.

3.2 Nestopar functions as an intermediary marketplace under the Information Technology Act, 2000. Nestopar is not the seller or manufacturer of any Product listed on the Platform unless expressly stated. Title to, and risk in, each Product rests with the respective Seller or Merchant.

3.3 Nestopar's obligations under these RRT are limited to: (a) operating the return and refund process on behalf of the Seller; (b) communicating eligibility decisions to the Customer; (c) coordinating logistics for return pick-up; and (d) processing refunds as per the payment method used.

3.4 These RRT do not apply to: (a) business-to-business transactions where the Customer is purchasing for commercial resale; (b) purchases made through third-party platforms or websites not operated by Nestopar; and (c) transactions where separate specific terms have been agreed in writing between Nestopar and a Customer.

Clause 4. CATEGORY-BASED POLICY TIERS

4.1 Nestopar assigns every Product listing to one of three Policy Tiers based on the product category selected by the Seller at the time of listing. The Policy Tier determines the return eligibility, return window, and post-sale support mechanism applicable to that Product.

4.2 The Policy Tier applicable to each Product is displayed prominently on the Product listing page and is communicated to the Customer before the completion of checkout. By completing the purchase, the Customer acknowledges and accepts the Policy Tier applicable to the Product.

4.3 Sellers do not have the authority to unilaterally modify, waive, or override the Policy Tier assigned by Nestopar to their product category. Any seller-side representation inconsistent with the assigned Policy Tier shall be void and Nestopar's tier classification shall prevail.

Tier 1 — Easy Return Categories

4.4 The following product categories are classified under Tier 1:

  • 4.4.1 Clothing, Apparel, Ethnic Wear, and Sarees.
  • 4.4.2 Footwear including shoes, sandals, and sports shoes.
  • 4.4.3 Books, Stationery, and Educational Material.
  • 4.4.4 Toys and Games (excluding hygiene-sensitive items).
  • 4.4.5 Home Décor, Furnishings, and Household Accessories.
  • 4.4.6 Imitation Jewellery, Fashion Accessories, and Watches.
  • 4.4.7 Sports Equipment (excluding hygiene items).
  • 4.4.8 Baby Products excluding diapers, feeding bottles, pacifiers, and hygiene items.
  • 4.4.9 Eyewear (frames and non-prescription lenses).
  • 4.4.10 Any other category expressly designated as Tier 1 by Nestopar.

4.5 For Tier 1 Products, the Return Window is ten (10) calendar days from the date of delivery. A return request must be initiated by the Customer through the Platform within this window.

4.6 Tier 1 returns are subject to the following conditions being satisfied at the time of return:

  • 4.6.1 The Product is unused, unworn, unwashed, and unaltered.
  • 4.6.2 All original tags, labels, stickers, and price tags remain intact and attached.
  • 4.6.3 The Product is returned in its Original Packaging along with all accessories, manuals, and the invoice.
  • 4.6.4 The return request is initiated within the Return Window.
  • 4.6.5 The Product passes a physical inspection by Nestopar's logistics partner or quality team.

Tier 2 - Service Centre / Warranty Categories

4.7 The following product categories are classified under Tier 2:

  • 4.7.1 Mobile Phones, Smartphones, and Feature Phones.
  • 4.7.2 Laptops, Tablets, and Computing Devices.
  • 4.7.3 Cameras, Camcorders, and Photography Equipment.
  • 4.7.4 Audio Devices including headphones, speakers, and earphones.
  • 4.7.5 Smart Wearables and Fitness Bands.
  • 4.7.6 Small Kitchen and Personal Appliances.
  • 4.7.7 Televisions, Monitors, and Display Devices.
  • 4.7.8 Air Conditioners, Refrigerators, Washing Machines, and Dishwashers.
  • 4.7.9 Water Purifiers and Air Purifiers.
  • 4.7.10 Any other category expressly designated as Tier 2 by Nestopar.

4.8 For Tier 2 Products, post-delivery support is provided exclusively through the brand's authorized Service Centre. No return to seller is permitted after delivery, except in cases of Dead-on-Arrival as defined in Clause 5.

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4.9 Manufacturer warranty commences upon delivery or first-use installation by a brand-authorized engineer, whichever is applicable. The warranty card or in-box documentation governs the terms, duration, and coverage of such warranty.

Tier 3 — No Return Categories

4.10 The following product categories are classified under Tier 3 and are Non-Returnable:

  • 4.10.1 Food, Grocery, Fresh Produce, and Packaged Consumables.
  • 4.10.2 Medicines, Pharmaceutical Products, Health Supplements, and Nutraceuticals.
  • 4.10.3 Innerwear, Undergarments, Swimwear, and Lingerie.
  • 4.10.4 Beauty, Skincare, and Personal Care Products.
  • 4.10.5 Customized, Personalized, or Made-to-Order items.
  • 4.10.6 Digital Goods, Software Licenses, and Downloaded Content.
  • 4.10.7 Subscription Plans and Prepaid Vouchers once activated.
  • 4.10.8 Baby hygiene items including diapers, wipes, feeding bottles, and pacifiers.
  • 4.10.9 Any other category expressly designated as Tier 3 by Nestopar.

4.11 Tier 3 Products shall be eligible for a refund only if: (a) the Product delivered is materially different from what was ordered; (b) the Product arrives in a damaged or defective condition; or (c) the Product delivered is expired or unsafe for use. Such claims must be raised within twenty-four (24) hours of delivery, accompanied by photographic or video Proof of Damage.

Note: Irrespective of the Policy Tier, Nestopar guarantees that if a Customer receives a product that is wrong, missing, or visibly damaged at delivery, they are always entitled to a refund or replacement. This is a platform-level guarantee binding on all Sellers.

Clause 5. TIER 2 PRODUCTS DEAD ON ARRIVAL AND SERVICE CENTRE TERMS

5.1 Upon delivery of a Tier 2 Product, the delivery agent or a brand-authorized engineer will, where logistics infrastructure permits, conduct an unboxing in the presence of the Customer. The Customer is strongly advised to inspect the Product at the time of delivery before signing the delivery acknowledgement.

5.2 For Large Appliances (as listed in Clause 4.7.7-4.7.10), unboxing must be performed exclusively by a brand-authorized engineer. Self-unboxing by the Customer or any unauthorized person shall void DOA eligibility and all associated return rights.

5.3 A Product shall be classified as Dead-on-Arrival (DOA) only if all of the following conditions are simultaneously met:

  • 5.3.1 The Product is found completely non-functional or physically damaged at the time of delivery or upon installation by the authorized engineer.
  • 5.3.2 The Customer raises a DOA claim through the Platform within forty-eight (48) hours of delivery for mobiles, laptops, and small electronics, or within forty-eight (48) hours of installation for large appliances.
  • 5.3.3 The Original Packaging, invoice, warranty card, and all accessories are intact.
  • 5.3.4 No physical damage attributable to the Customer or any third party is found upon inspection.
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5.4 Upon confirmation of a valid DOA claim, Nestopar shall arrange replacement of the identical Product (same brand, model, colour, and specifications) subject to stock availability. If the identical Product is unavailable, Nestopar shall offer either: (a) a comparable substitute subject to Customer consent; or (b) a full refund processed in accordance with Clause 7.

5.5 Following the expiry of the DOA window, all defects, malfunctions, or performance issues shall be addressed exclusively through the brand's authorized Service Centre. Nestopar shall not be liable for the quality, timeliness, or outcome of Service Centre repairs.

5.6 The Customer's right to warranty service is governed by the terms issued by the manufacturer or brand and not by Nestopar. Nestopar may assist in escalating unresolved warranty complaints as a facilitation service but assumes no legal liability for warranty outcomes.

5.7 Tier 2 Products shall not be returned or replaced for the following reasons: (a) change of preference, colour, or design; (b) software or compatibility issues not amounting to a manufacturing defect; (c) damage caused by the Customer after delivery; (d) forgotten or lost passwords, PINs, or account credentials; or (e) normal wear and tear.

Clause 6. RETURN INITIATION AND PROCESS

6.1 A Customer may initiate a Return Request exclusively through the Platform by navigating to My Orders, selecting the relevant Order and Product, and submitting the return form within the applicable Return Window.

6.2 The Return Request must include: (a) the reason for return selected from the prescribed list on the Platform; (b) Proof of Damage or Proof of Defect in the form of photographs or a short video, where the reason involves damage, defect, or wrong item; and (c) a declaration that the Product is in returnable condition as required under Clause 4.

6.3 Upon receipt of a Return Request, Nestopar will acknowledge the request within twenty-four (24) to forty-eight (48) hours and communicate: (a) whether the return is eligible for acceptance; (b) the scheduled pick-up date and time window; and (c) any additional documentation required.

6.4 A logistics partner appointed by Nestopar or the Seller will collect the Product from the Customer's delivery address. The Customer must be available at the address during the communicated pick-up window. Failed pick-up attempts due to Customer unavailability may result in the cancellation of the Return Request.

6.5 The Customer must hand over the Product in its Original Packaging, together with all accessories, invoice, warranty card, and any bundled gifts or free items received with the Order. Failure to include any of these items may result in a partial refund or rejection of the return. Where a partial refund is applicable due to missing accessories or items, Nestopar shall notify the Customer of the deduction amount before processing the refund. The deduction shall be calculated based on the market value or listed price of the missing accessory as declared by the Seller at the time of listing. The Customer shall have an opportunity to dispute the deduction through the Platform's grievance mechanism within five (5) business days of such notification.

6.6 For electronic devices and appliances, the Customer must: (a) remove all personal data, accounts, and credentials from the device before handover; (b) disable any remote tracking, device locking, or cloud synchronization features; and (c) deactivate SIM cards, memory cards, and external storage prior to pick-up.

Nestopar is not liable for data loss or privacy breaches arising from failure to comply with this clause. The processing of personal data collected during the return process is governed by Nestopar's Privacy Policy and the Digital Personal Data Protection Act, 2023 (DPDPA). Customers may exercise their rights under the DPDPA, including the right to erasure of personal data, by contacting Nestopar's designated Data Fiduciary through the Help Centre on the Platform.

6.7 Upon receipt of the returned Product at the Seller's facility or Nestopar's designated inspection center, a quality check will be conducted. The outcome of the inspection will determine whether the return is accepted, partially accepted, or rejected.

6.8 If the returned Product is found to have: (a) a tampered serial number, IMEI, or barcode; (b) signs of physical damage not reported at the time of return initiation; (c) missing parts, accessories, or packaging; or (d) evidence of use beyond normal assessment — the return may be partially or fully rejected, and the Product may be returned to the Customer at their cost.

Clause 7. REFUND RULES — SINGLE PRODUCT AND MULTI-PRODUCT ORDERS

7A — General Refund Principles

7.1 A refund shall be initiated by Nestopar only after: (a) the returned Product has been received and inspected; (b) the return has been confirmed as valid and eligible under these RRT; and (c) the Seller or Nestopar has approved the refund.

7.2 Refunds are processed in the currency of the original transaction, i.e., Indian Rupees (INR).

7.3 Nestopar does not issue cash refunds under any circumstances. All refunds are processed electronically through the channels specified in this Clause 7.

7B — Single Product Order Refunds

7.4 Where the Order contains only one Product unit and that Product is eligible for a refund under these RRT, the Customer shall be entitled to a full refund comprising: (a) the price of the Product; (b) the Convenience Fee charged at checkout; and (c) any applicable shipping charge paid by the Customer, unless the return is on account of a change of preference or any reason not attributable to Nestopar or the Seller.

7.5 For Single Product Orders paid through online payment methods (UPI, Net Banking, Debit Card, or Credit Card), the refund shall be credited to the same payment instrument from which the original payment was made.

  • 7.5.1 UPI and Net Banking refunds shall be credited within three (3) to five (5) business days of refund approval.
  • 7.5.2 Debit Card and Credit Card refunds shall be credited within five (5) to seven (7) business days of refund approval, subject to the Customer's issuing bank's processing cycle.
  • 7.5.3 Nestopar is not liable for delays caused by the Customer's bank or payment provider after the refund has been initiated from Nestopar's end.

7.6 For Single Product Orders paid through Cash on Delivery (COD), the full refund amount shall be credited to the Customer's Infocash Wallet within one (1) to two (2) business days of return verification and acceptance.

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7C — Multi-Product Order Refunds (Partial Return)

7.7 Where the Order contains two or more Products and the Customer initiates a return for only some of the Products (partial return), the following charges are non-refundable and shall be retained by Nestopar:

  • 7.7.1 The Convenience Fee charged at the time of checkout for the entire Order.
  • 7.7.2 The COD Handling Charge, if the Order was placed using the Cash on Delivery payment mode.

7.8 The refund amount in a partial return shall be limited to the declared price of the returned Product(s) only, after deducting the charges specified in Clause 7.7.

7.9 Where all Products in a Multi-Product Order are returned simultaneously and all are found eligible for refund, the Order shall be treated as a full return, and the Customer shall be entitled to the full refund amount including the Convenience Fee and COD Charge, if any, as per Clause 7.4.

7.10 Refund of the returnable Products in a Multi-Product Order shall follow the same payment channel rules as specified in Clause 7.5 (online) and Clause 7.6 (COD) based on the original payment method.

Clause 8. CASH ON DELIVERY REFUNDS AND INFOCASH WALLET

8.1 All refunds arising from Orders placed using the Cash on Delivery payment mode — whether on account of return, cancellation, replacement unavailability, or any other reason — shall be credited to the Customer's Infocash Wallet on the Platform by default.

8.2 No refund for a COD Order shall be issued in cash, cheque, demand draft, or any physical form at the doorstep. Nestopar does not conduct door-step cash refunds under any circumstances.

8.3 The COD refund shall be credited to the Infocash Wallet within one (1) to two (2) business days from the date of confirmation of the approved return or cancellation.

8.4 The Customer may utilize the Infocash Wallet balance in the following ways:

  • 8.4.1 Apply the balance towards any future purchase on the Platform, with no expiry on the balance, subject to the Infocash Terms of Service.
  • 8.4.2 Withdraw the balance to a bank account or UPI ID registered and verified on the Customer's Nestopar account, in accordance with the standard Infocash withdrawal process. Withdrawal processing may take one (1) to three (3) business days after initiation of the withdrawal request.

8.5 Bank Transfer Option: Where a Customer does not wish to retain the COD refund in their Infocash Wallet, the Customer may request a direct bank transfer of the refund amount to their registered and verified bank account or UPI ID. Such a request must be raised through the Platform's Help Centre within seven (7) days of the refund being credited to the Infocash Wallet. Direct bank transfer requests shall be processed within five (5) to seven (7) business days of the request being accepted. This option is provided to ensure the Customer's right to receive a refund through a medium of their choosing is not restricted.

8.6 Infocash Wallet withdrawals and balances are subject to the terms, conditions, withdrawal limits, and timelines prescribed in the Infocash Terms of Service, which form part of the Customer's agreement with Nestopar.

8.7 Nestopar reserves the right to place a temporary hold on an Infocash Wallet balance under investigation for fraud, chargeback, or policy violations. Such a hold shall be communicated to the Customer in writing and resolved within a reasonable time not exceeding thirty (30) days, unless extended by an ongoing legal or regulatory process.

8.8 In the event that a COD refund is credited to the Infocash Wallet and the Customer's account is subsequently suspended or deactivated due to a policy violation, Nestopar shall follow the dispute process under Clause 13 to determine the final disposition of such balance. The Customer's right to the refund amount is not forfeited solely on account of account suspension, except where fraudulent activity has been confirmed.

Clause 9. REFUNDS FOR EMI PURCHASES

9.1 Where the Customer has financed a Product purchase through an Equated Monthly Instalment (EMI) arrangement with a bank, credit card issuer, or non-banking financial company (NBFC), and subsequently initiates a valid return resulting in a refund, the refund shall be governed by this Clause 9.

9.2 Nestopar's refund obligation is limited to the amount actually received by Nestopar from the Customer or the financing institution in respect of the Product transaction (the "Nestopar Principal Amount"). Nestopar shall refund the Nestopar Principal Amount to the originating payment instrument (i.e., the card or bank account from which the EMI was being debited) within seven (7) to ten (10) business days of return approval.

9.3 The following amounts are outside the scope of Nestopar's refund obligation and shall be governed entirely by the Customer's agreement with their bank or financing institution:

  • 9.3.1 EMI processing fees or one-time charges levied by the bank at the time of EMI creation.
  • 9.3.2 Interest charges accrued on the EMI outstanding.
  • 9.3.3 Foreclosure charges or pre-closure fees applicable upon premature termination of the EMI.
  • 9.3.4 Any GST or other tax levied by the bank on the above charges.

9.4 The Customer is solely responsible for contacting their bank or financing institution to initiate the reversal, cancellation, or restructuring of the EMI arrangement following a Nestopar-side refund. Nestopar shall, if requested, provide a refund confirmation letter to assist the Customer in this process.

9.5 In cases where the bank or financing institution credits the EMI refund directly back to the Customer's account and separately reverses the EMI deductions, Nestopar shall not be liable for any discrepancy, delay, or additional charges arising from the bank's internal processing.

9.6 Customers are advised to read the EMI terms and conditions provided by their bank or financing institution carefully before opting for an EMI payment. By choosing the EMI option at checkout, the Customer acknowledges that bank-side EMI charges are their responsibility and not covered by Nestopar's refund commitment.

9.7 GST Treatment on Product Refunds: The refund amount processed by Nestopar includes the Goods and Services Tax (GST) component that was part of the original Product price paid by the Customer. Nestopar shall issue a credit note to the Seller as required under Section 34 of the Central Goods and Services Tax Act, 2017 (CGST Act). Customers who are registered GST entities and have claimed Input Tax Credit (ITC) on the original purchase are solely responsible for reversing such ITC in accordance with the applicable GST laws upon receipt of the refund. Nestopar bears no liability for any ITC reversal obligations of the Customer.

Note: Nestopar's refund is limited to the Product price received by Nestopar. Customers must independently resolve any EMI bank charges with their bank. Nestopar is not a party to the Customer's EMI financing agreement.

Clause 10. EXCHANGE POLICY

10.1 Exchanges are available exclusively for Tier 1 Products and only for size or colour variants of the same Product, subject to stock availability at the time of exchange request processing.

10.2 An exchange request must be raised through the Platform within the ten (10) day Return Window from the date of delivery.

10.3 The following conditions must be met for an exchange to be processed:

  • 10.3.1 The Product must be unused, unworn, unwashed, and in its original condition.
  • 10.3.2 All tags, labels, and Original Packaging must be intact.
  • 10.3.3 The exchange is for the same Product SKU in a different size, colour, or variant only. Exchange for a different Product, brand, or category is not permitted.
  • 10.3.5 The requested variant must be in stock at the time of processing.

10.4 Price Difference Adjustment: If the variant requested by the Customer for exchange carries a different price than the originally purchased variant:

  • 10.4.1 Where the exchange variant is priced higher, the Customer must pay the price difference before the exchange dispatch is confirmed.
  • 10.4.2 Where the exchange variant is priced lower, the difference shall be refunded to the Customer through the original payment channel or Infocash Wallet as applicable.

10.5 Where the requested variant is not available in stock, Nestopar shall notify the Customer and offer the option to: (a) wait for restocking where the Seller confirms availability within a reasonable period; or (b) process a full return and refund instead.

10.6 Exchange is not permitted for: (a) products purchased under flash sales or limited-time offers where the Seller has expressly designated no-exchange at the time of listing; (b) Products that have been used, washed, or damaged by the Customer; and (c) Non-Returnable Products as listed under Tier 3.

Clause 11. EXCLUSIONS AND FRAUDULENT RETURN ACTIVITY

Grounds for Exclusion from Return Eligibility

11.1 A return request shall be rejected and no refund shall be issued in any of the following circumstances:

  • 11.1.1 The return request is raised after the expiry of the applicable Return Window.
  • 11.1.2 The stated reason for return is a change of preference, change of mind, or subjective dissatisfaction with a Product that is otherwise as described.
  • 11.1.3 The Product has been used, opened, worn, washed, or otherwise altered from its original condition (except to the extent required for reasonable inspection).
  • 11.1.4 Original tags, labels, or seals have been removed or tampered with.
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  • 11.1.5 The serial number, IMEI, or product barcode has been defaced, altered, or removed.
  • 11.1.6 The damage or defect is attributable to misuse, negligence, accidental damage, liquid exposure, unauthorized modification, or repair by a non-authorized person.
  • 11.1.7 Required accessories, invoice, warranty card, or Original Packaging are not returned along with the Product.
  • 11.1.8 The Product falls under a Tier 3 Non-Returnable category and the return reason does not qualify under Clause 4.11.

Fraudulent Return Activity

11.2 Nestopar has a zero-tolerance policy for fraudulent, abusive, or bad-faith return activity. The following conduct shall constitute a fraudulent return:

  • 11.2.1 Returning a Product that is different from the one originally delivered (product substitution).
  • 11.2.2 Filing false or fabricated claims of damage, defect, or non-delivery.
  • 11.2.3 Deliberately damaging a Product to trigger a return or replacement.
  • 11.2.4 Using the Product beyond assessment purposes and then returning it under the garb of a defect claim.
  • 11.2.5 Repeated or systematic return patterns that indicate abuse of the return facility.
  • 11.2.6 Providing false or fabricated Proof of Damage.

11.3 Where Nestopar determines, in its reasonable discretion, that a return constitutes fraudulent activity, Nestopar reserves the right to: (a) reject the return request; (b) withhold or reverse the refund; (c) permanently suspend or terminate the Customer's account; (d) retain the Product and forfeiture of the payment; and (e) initiate legal proceedings as appropriate under applicable law.

Clause 12. NESTOPAR PRO — LOCAL MERCHANT TRANSACTIONS

12.1 Nestopar Pro enables Customers to discover, book, and transact with local Merchants for restaurant dining, salon and spa services, event tickets, and retail stores. The following specific terms apply to Nestopar Pro transactions.

12.2 Restaurants and Food Service Establishments: No refund shall be issued once a food order has been prepared and dispatched or once the Customer has commenced dining. A refund or replacement shall be issued only where: (a) the order was not delivered; (b) the order is materially incorrect or significantly different from what was ordered; or (c) the food is found to be in an unfit or unsafe condition, provided a valid claim is raised within two (2) hours of delivery.

12.3 Events and Tickets: Tickets purchased for events listed on Nestopar Pro are eligible for a full refund only if the event is cancelled by the organizer. No refund shall be issued for: (a) Customer non-attendance; (b) date or time changes communicated reasonably in advance by the organizer; or (c) partial attendance or early departure by the Customer.

12.4 Salons, Spas, and Personal Services: A refund shall be issued only if the booked service was entirely not delivered. Where the service is partially delivered, a partial refund may be offered at the Merchant's discretion and communicated to the Customer through the Platform.

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12.5 Retail Stores (Offline): For offline retail purchases redeemed through a Nestopar Pro offer or voucher, the return and exchange policy of the individual retail store shall govern. Nestopar is not responsible for the Merchant's individual return policy.

12.6 Refunds for eligible Nestopar Pro transactions shall be processed to the original payment instrument (for online payments) or to the Infocash Wallet (for COD or in-person cash transactions), within five (5) to seven (7) business days of the approved refund.

Clause 13. DISPUTE RESOLUTION

13.1 In the event of any dispute, claim, or grievance arising from or relating to a return, refund, or exchange transaction on the Platform, the Customer shall first contact Nestopar's Customer Support through the Help Centre on the Platform or through the registered email address.

13.2 Nestopar shall endeavor to resolve Customer grievances within fifteen (15) business days of receipt of the formal complaint. In accordance with the Consumer Protection (E-Commerce) Rules, 2020, Nestopar has designated a Grievance Officer whose details are as follows:

  • 13.2.1 Name: Grievance Officer, Nestopar Private Limited
  • 13.2.2 Contact: grievance@nestopar.com
  • 13.2.3 Address: Nestopar Private Limited, [Registered Office Address], Mumbai, Maharashtra, India
  • 13.2.4 Hours: Monday to Friday, 10:00 AM to 6:00 PM (IST), excluding public holidays
  • 13.2.5 Customers may also raise grievances through the Help Centre on the Platform under the 'Returns & Refunds' section.

13.3 If the dispute is not resolved to the Customer's satisfaction through the internal grievance mechanism within the stipulated period, the Customer may pursue the following remedies:

  • 13.3.1 Approach the Consumer Disputes Redressal Commission having territorial jurisdiction under the Consumer Protection Act, 2019, based on the value and nature of the dispute.
  • 13.3.2 Seek mediation through the Consumer Mediation Cell as constituted under the Consumer Protection Act, 2019.
  • 13.3.3 Initiate arbitration proceedings under the Arbitration and Conciliation Act, 1996, as amended from time to time, subject to mutual written agreement between the Customer and Nestopar. The seat of arbitration shall be Mumbai, Maharashtra. The arbitration shall be conducted in the English language by a sole arbitrator mutually appointed by both parties.

13.4 All disputes that are not resolved through the above mechanisms shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra, India. Nothing in this Clause shall prevent a Customer from approaching the Consumer Disputes Redressal Commission of competent jurisdiction as a matter of statutory right.

Clause 14. LIMITATION OF LIABILITY AND FORCE MAJEURE

14.1 Nestopar's maximum aggregate liability to any Customer arising from or relating to any return, refund, or exchange transaction shall be limited to the actual transaction value of the specific Order in question.

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14.2 Nestopar shall not be liable for: (a) loss of profit, goodwill, or data; (b) indirect, incidental, special, or consequential losses; (c) delays caused by the Customer's bank or payment provider; (d) Service Centre actions or inactions; or (e) Merchant-side failures in Nestopar Pro transactions.

14.3 Nestopar shall not be in breach of these RRT or liable for any delay or failure to perform any obligation under these RRT to the extent that such failure or delay is caused by circumstances beyond Nestopar's reasonable control, including but not limited to acts of God, pandemic, epidemic, government orders, strikes, natural disasters, cyberattacks, or disruptions in banking infrastructure.

Clause 15. AMENDMENTS, GOVERNING LAW, AND FINAL PROVISIONS

15.1 Nestopar reserves the right to modify, update, or replace any provision of these RRT at any time. Material changes will be notified to Customers via in-app notification or registered email address at least seven (7) days prior to the effective date of the change, unless a shorter notice period is required by law.

15.2 Continued use of the Platform after the effective date of any change shall constitute the Customer's acceptance of the revised RRT.

15.3 These RRT are governed by and construed in accordance with the laws of the Republic of India.

15.4 If any provision of these RRT is held to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.5 The English language version of these RRT shall prevail in the event of any inconsistency with any translated version.

15.6 No failure or delay by Nestopar in exercising any right under these RRT shall constitute a waiver of such right.

15.7 These RRT, together with the General Terms of Service, Selling Policy, Infocash Terms of Service, and Privacy Policy, constitute the entire agreement between Nestopar and the Customer with respect to return, refund, and exchange of Products and supersede all prior representations, agreements, or understandings.