Terms of service

These Terms of Service (“Terms”) govern access to and use of nayansukhexclusive.com, its associated features, content, customer support and online shopping services (collectively, the “Services”).

The Services are operated by Nayan Sukh Care, trading as Nayan Sukh Exclusive (“Nayan Sukh Exclusive”, “we”, “us” or “our”), having its principal place of business at 84 Hazaribagh Road, Tharpakhna, Ranchi, Jharkhand 834001, India. Our online store is hosted on Shopify.

By accessing the Services, creating an account or placing an order, you agree to these Terms and the policies incorporated into them. If you do not agree, please do not use the Services.

Nothing in these Terms excludes, restricts or overrides any right or remedy that cannot lawfully be excluded under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020 or any other applicable law.

1. Related policies and order of precedence

The following policies form part of these Terms:

If provisions conflict, mandatory law will apply first. Subject to mandatory law, an order-specific term or promotion expressly accepted at checkout will apply to that order; the specialised policy will govern its subject matter; and these Terms will govern all remaining matters.

2. Eligibility and accounts

You must be at least 18 years old and legally capable of entering into a contract to place an order. A parent or legal guardian may place an order for a minor and will be responsible for the order and the minor’s use of the product.

You agree to provide accurate, current and complete account, prescription, billing, shipping and contact information. You are responsible for maintaining the confidentiality of your login credentials and for activity carried out through your account, except to the extent caused by our security failure or otherwise provided by law.

Please notify us promptly if you suspect unauthorised account use. We may request reasonable verification before processing an account, order, cancellation, exchange, credit or refund request.

3. Product information and availability

We make reasonable efforts to display product names, model numbers, colours, sizes, dimensions, materials, prices, availability and photographs accurately. Screen settings, lighting, photography and manufacturing variations may cause minor differences in colour or appearance. Such minor differences do not excuse a product that is materially different from its description.

Measurements are approximate unless expressly stated otherwise. Customers should review the frame dimensions, fit guidance and product description before ordering. Our team may provide general fit or style guidance, but the customer remains responsible for selecting a style and size, subject to the exchange rights stated below.

Products may be withdrawn, restocked, corrected or discontinued. We may apply reasonable quantity limits to address limited stock, suspected resale, fraud, pricing errors or operational constraints, but will not do so for an unlawful or discriminatory reason.

We sell genuine products sourced through brand-authorised or other lawful channels. Brand packaging, accessories and warranty documentation may vary by model, market and manufacturer practice.

4. Prescription lenses, contact lenses and optical information

Website content and product guidance are general information and do not replace an eye examination or advice from a qualified optometrist or ophthalmologist.

When ordering prescription lenses, powered sunglasses or contact lenses, you are responsible for providing a valid, complete and accurate prescription and all required measurements, including pupillary distance where applicable. We may contact you to confirm unclear, incomplete, unusual or incompatible details and may pause processing until clarification is received.

We are responsible for manufacturing or fitting the product according to the prescription and specifications accepted by us. We are not responsible for an unsatisfactory result caused solely by an incorrect, expired or incomplete prescription supplied by the customer, except where we failed to exercise reasonable care or applicable law provides otherwise.

Customised prescription lenses, powered sunglasses, specially sourced products and made-to-order items cannot ordinarily be cancelled, exchanged or returned after processing has begun. Opened, used or tampered contact-lens boxes are also not eligible for a change-of-mind exchange. These restrictions do not apply where the product is damaged, defective, incorrectly processed, materially different from the order or otherwise subject to a mandatory legal remedy.

5. Orders and contract formation

Placing an order is an offer to purchase. An automated order acknowledgement confirms that we received the order; it does not by itself guarantee stock or acceptance.

We accept an order when we send a dispatch confirmation or expressly confirm that customised processing has begun, whichever occurs first. Payment may be authorised or collected before acceptance. We may decline or cancel an order before acceptance for genuine reasons, including unavailable stock, inability to verify the order, an obvious pricing or description error, suspected fraud, delivery unserviceability, legal restrictions or a suspected commercial-resale order.

If we decline or cancel a prepaid order, or cannot fulfil it, we will return the amount paid to the original payment method within 10–15 business days, unless you voluntarily select an available replacement or store credit. Bank or payment-provider processing time may apply after we initiate the refund.

We may contact you using the email address, telephone number, SMS or WhatsApp details provided with the order. Failure to respond to a necessary verification request may delay or prevent fulfilment.

6. Prices, taxes and payment

The price charged is the price displayed and accepted when the order is submitted, subject to correction of an obvious error before acceptance. Prices displayed for delivery within India are generally inclusive of applicable taxes unless clearly stated otherwise. Shipping charges, express-delivery fees, international customs duties and other charges will be shown separately where collected by us.

Prices on the website may differ from physical-store prices or third-party marketplaces because stock, promotions and operating costs may differ. A later price reduction does not create a right to a retrospective adjustment.

You confirm that you are authorised to use the selected payment method and that the payment information is accurate. Payment processing may be performed by independent payment providers under their own terms and privacy notices.

Cash on Delivery may be offered for selected orders and PIN codes and may require verification. We may request advance payment for high-value, customised, unverifiable or repeatedly refused Cash on Delivery orders, to the extent permitted by law.

7. Promotions, discount codes and gift cards

Promotions, sale prices, discount codes, gift cards and store credits may have separate stated conditions. Unless expressly stated otherwise:

  • only one promotional code may be used per order;

  • a promotion cannot be applied retrospectively;

  • discounts have no cash value and cannot be exchanged for cash;

  • an offer is valid only during its stated period and while eligible stock lasts; and

  • abuse, duplication, unauthorised resale or technical manipulation of an offer may result in its cancellation.

If a promotion-specific condition conflicts with these Terms, that condition will control for the promotion. Any statutory remedy will remain unaffected.

8. Customer-requested cancellations

Cancellation requests should be made as soon as possible and before dispatch or customised processing begins. A request is not approved until confirmed by us.

For an eligible customer-requested cancellation, the amount actually paid may be issued as a non-expiring store credit, credit note or equivalent coupon, rather than a monetary refund, in accordance with our Return, Exchange and Refund Policy. Once an order has been dispatched, it generally cannot be cancelled; refusal may be treated as a return-to-origin shipment and reasonable non-recoverable shipping costs may apply.

This section does not apply where we cancel the order, collect a duplicate or excess payment, fail to deliver the order, or where a monetary refund is required by applicable law.

9. Exchange, store credit and refund terms

For ordinary concerns relating to fit, colour or design, eligible products may be exchanged within 7 calendar days after delivery, subject to our Return, Exchange and Refund Policy. The request must reach us within the 7-day period.

The principal conditions are:

  • only product-to-product exchange is available for an ordinary fit, colour or design concern;

  • each product may be exchanged only once;

  • the replacement must ordinarily be of equal or higher value, with any difference paid by the customer;

  • eligible domestic exchanges include one free reverse pickup and one replacement shipment, subject to courier serviceability;

  • the product must be unused, unworn and undamaged, with original tags, packaging, accessories, warranty material and proof of purchase; and

  • approval is subject to receipt and quality inspection.

The following are not eligible for a standard change-of-mind exchange:

  • sale, discounted, promotional or clearance products;

  • an individual product priced at ₹600 or below;

  • a product already exchanged once;

  • customised prescription lenses, powered sunglasses, specially sourced or made-to-order products after processing begins;

  • opened, used or tampered contact-lens boxes;

  • gift cards, store credits and coupons; and

  • international orders, except where mandatory destination-country rights apply.

Ordinary fit, colour or design dissatisfaction does not qualify for a monetary refund. Where an approved exchange product is not reasonably available, we may issue a non-expiring store credit, credit note or equivalent coupon equal to the eligible amount actually paid.

A monetary refund to the original payment method remains available where we cancel a prepaid order, receive duplicate or excess payment, confirm an order lost or undeliverable, cannot repair or replace a verified damaged, defective, incorrect or non-conforming product, or where applicable law requires it.

These summary terms do not replace the full Return, Exchange and Refund Policy.

10. Shipping, delivery and transfer of risk

Shipping is governed by our Shipping Policy. Standard domestic delivery for most in-stock, non-customised orders is estimated at 2–10 working days from order confirmation, depending on the product, location and courier serviceability. Delivery dates are reasonable estimates rather than guaranteed appointments.

Responsibility for the parcel remains with us until recorded delivery to you or a person apparently authorised to receive it at the supplied address, subject to applicable law. Handing the parcel to a courier does not, by itself, transfer all risk to the customer.

You are responsible for providing an accurate and complete address and for reasonably cooperating with delivery. Additional actual costs caused by an incorrect address, repeated recipient unavailability or unjustified refusal may be recovered as described in the Shipping Policy. No such charge applies where delivery failure results from our error, a verified courier error, or a damaged, defective, incorrect or non-conforming product.

11. Inspection, damaged goods and incorrect orders

Please inspect the package promptly after delivery. Serious outer-package damage or tampering should be documented and, where appropriate, delivery may be refused.

A visibly damaged, defective or incorrect product should be reported within 72 hours of delivery with the order number and reasonable supporting evidence. Photographs of the parcel, label, packaging and product are useful. An unboxing video is helpful but is not the only acceptable evidence and is not mandatory where the issue can otherwise be reasonably verified.

The 72-hour request helps us investigate transit issues; it does not extinguish rights concerning a latent manufacturing defect or any non-waivable statutory right.

12. Product warranty and after-sales service

Eligible eyewear generally includes a one-year manufacturing warranty, unless the product page, invoice or applicable brand warranty states a different period. Warranty claims are subject to inspection and the manufacturer’s applicable conditions.

A manufacturing warranty does not ordinarily cover normal wear and tear, accidental or impact damage, scratches, fading from ordinary use, misuse, chemical exposure, improper storage, unauthorised modification or third-party repair. A warranty restriction will not exclude liability for a defect or remedy that must be provided under applicable law.

Repairs, replacement parts and servicing outside the applicable warranty may be chargeable after customer approval.

13. Acceptable use

You may use the Services only for lawful, personal and legitimate shopping purposes. You must not:

  • violate any applicable law or another person’s rights;

  • use false identities, stolen payment details or fraudulent information;

  • introduce malware or interfere with the website, checkout, security or other users;

  • attempt unauthorised access to an account, system or data;

  • harvest personal information, send spam or conduct phishing;

  • scrape, copy or extract website content at scale in breach of our rights, technical controls or robots instructions;

  • manipulate prices, promotions, reviews, inventory or checkout functions; or

  • use the Services to harass, threaten, defame or unlawfully harm another person.

Ordinary use of a browser, accessibility tool or publicly permitted search-engine indexing is not prohibited. We may restrict or suspend access reasonably believed to involve fraud, security risk or a material breach, while preserving completed-order and statutory rights.

14. Intellectual property

The website’s original text, layout, graphics, photographs, videos, software, trade dress and Nayan Sukh Exclusive names and logos are owned by or licensed to us and are protected by applicable Indian and international intellectual-property laws. Brand names, logos and product imagery belonging to manufacturers remain the property of their respective owners.

We grant you a limited, revocable, non-exclusive and non-transferable permission to access the Services for personal, non-commercial use. Except where law permits, you may not reproduce, publish, modify, sell, license, distribute, create derivative works from or commercially exploit protected content without the relevant owner’s prior written permission.

Nothing in these Terms transfers ownership of any intellectual property.

15. Reviews, photographs and feedback

You remain responsible for reviews, photographs, comments and other material you submit. You confirm that your submission is genuine, lawful, accurate to the best of your knowledge, and does not violate another person’s intellectual-property, privacy or personality rights. Any incentive received for a review must be disclosed.

By submitting content for publication, you grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, adapt and display it for operating, improving and promoting the Services. This licence does not permit us to use personal information contrary to our Privacy Policy or applicable law.

We may moderate or remove content reasonably believed to be fraudulent, abusive, obscene, unlawful, irrelevant or rights-infringing. We will not remove a genuine negative review merely because it is critical.

16. Third-party services, links and Shopify

The Services may use Shopify, payment gateways, couriers, analytics tools, social-media features or links operated by independent third parties. Their separate services may be governed by their own terms and privacy policies.

Shopify hosts the online-store technology, but the contract for products purchased from this store is between the customer and Nayan Sukh Care, trading as Nayan Sukh Exclusive. Shopify is not the seller of our products. Nothing in this section waives a claim that cannot lawfully be waived against any responsible person.

We do not endorse every external website merely by linking to it and are not responsible for independent content or transactions that take place entirely outside our Services. This does not remove any responsibility we have for third parties acting on our behalf in fulfilling your order.

17. Privacy and electronic communications

Personal information is handled according to our Privacy Policy and applicable data-protection law. Shopify may process certain information as described in the Shopify Consumer Privacy Policy.

You agree that order acknowledgements, invoices, policy notices and service communications may be sent electronically using the contact details you provide. Marketing communications may be opted out of through the method stated in the message or by contacting us; opting out of marketing does not prevent essential order or account communications.

18. Errors and corrections

We may correct typographical, technical or catalogue errors. If a material price, product or availability error is identified before order acceptance, we will explain the issue and may invite you to confirm the corrected order or cancel it. We will not charge a higher corrected price without your express agreement.

If we cancel an accepted prepaid order because of our material error or inability to fulfil it, the amount paid will be refunded to the original payment method. We will not use this section to avoid an order merely because the agreed price later becomes less commercially favourable.

19. Service availability and disclaimers

We aim to keep the website secure, accurate and available, but temporary maintenance, network failures, third-party outages or events outside our reasonable control may interrupt access.

To the extent permitted by law, general website content is provided on an “as available” basis and we do not promise uninterrupted or error-free access. Product-specific promises, express warranties, accepted order obligations and mandatory implied conditions remain unaffected.

No disclaimer in these Terms applies to fraud, wilful misconduct, gross negligence, product liability, a misleading representation, deficiency in service, breach of an express warranty or any statutory guarantee or remedy that cannot legally be excluded.

20. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, special or consequential loss that was not reasonably foreseeable when the relevant order was accepted and did not result from that party’s breach, negligence or unlawful conduct.

For claims that may lawfully be limited, our aggregate contractual liability relating to a particular order will not exceed the amount actually paid for the product giving rise to the claim.

This limitation does not apply to:

  • death or personal injury caused by negligence;

  • fraud, wilful misconduct or gross negligence;

  • defective-product or product-liability obligations;

  • breach of confidentiality, privacy or data-protection duties where limitation is prohibited;

  • a monetary refund expressly required under these Terms or applicable law; or

  • any consumer right or remedy that cannot lawfully be limited.

21. Customer indemnity

You will be responsible for reasonable third-party losses and claims directly caused by your fraudulent or unlawful use of the Services, your deliberate infringement of another person’s rights, or your material breach of these Terms. We will provide reasonable notice and an opportunity to cooperate in the defence.

This section does not require a consumer to indemnify us for our own breach, negligence, defective product or legal non-compliance, and does not restrict a genuine complaint or exercise of statutory rights.

22. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate access where reasonably necessary to address fraud, abuse, security risk, unlawful conduct or a material breach of these Terms.

Termination will not cancel an accepted order without an appropriate lawful resolution and will not affect accrued payment obligations, completed-order rights, intellectual-property protections, liability provisions or clauses that by their nature should continue.

23. Events beyond reasonable control

Neither party is liable for a delay caused solely by an event beyond its reasonable control, including severe weather, natural disaster, public emergency, transport disruption, strike, government restriction, customs delay or widespread network failure.

The affected party must take reasonable steps to reduce the impact. If such an event prevents us from fulfilling an order within a reasonable additional period, the customer may receive the replacement, credit or monetary refund available under the relevant policy and applicable law.

24. Complaints and grievance redressal

Please first contact us with the order number, a clear description of the issue and relevant evidence so we can investigate efficiently.

Grievance Officer: [INSERT FULL NAME BEFORE PUBLISHING]
Designation: Grievance Officer – E-Commerce
Email: support@nayansukhexclusive.com
Phone/WhatsApp: +91 80000 04137
Address: Nayan Sukh Care, 84 Hazaribagh Road, Tharpakhna, Ranchi, Jharkhand 834001, India

We aim to acknowledge a consumer complaint within 48 hours and resolve it within one month from receipt, subject to the nature of the complaint and applicable law.

An attempt to resolve a matter through customer support is encouraged but does not prevent either party from using any remedy available under law. Consumers may also contact the National Consumer Helpline at 1915 or through consumerhelpline.gov.in.

25. Governing law and jurisdiction

These Terms and orders placed through the Services are governed by the laws of India.

Nothing in these Terms restricts a consumer’s right to approach a competent Consumer Commission or other authority having jurisdiction under applicable law. For a dispute not governed by mandatory consumer-jurisdiction rules, and where a forum-selection clause is legally permitted, the competent courts at Ranchi, Jharkhand will have exclusive jurisdiction.

26. Changes to these Terms

We may update these Terms for operational, commercial, security, legal or regulatory reasons. The revised Terms will be posted with a new “Last updated” date and any additional notice required by law.

Changes will ordinarily apply prospectively. The terms and policies accepted when an order was placed will ordinarily govern that order unless a later change is required by law or is more favourable to the customer.

27. General provisions

If a provision is found unlawful or unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue.

A delay in enforcing a right is not a waiver. These Terms and incorporated policies form the agreement concerning use of the Services and online orders, together with any order-specific term expressly accepted by both parties.

You may not assign an account or order for commercial resale without our written consent. We may transfer our business or these Terms as part of a genuine restructuring, merger or sale, provided the transfer does not reduce completed-order or statutory rights and notice is given where required.

28. Contact information

Nayan Sukh Care, trading as Nayan Sukh Exclusive
Website: https://nayansukhexclusive.com
Email: support@nayansukhexclusive.com
Phone/WhatsApp: +91 80000 04137
Principal address: 84 Hazaribagh Road, Tharpakhna, Ranchi, Jharkhand 834001, India

Questions about these Terms may be sent to the contact details above.