Terms of service

Terms of Service — NEWISH

This website, www.newish.in, is operated under the NEWISH brand by Kharesiya Brands Private Limited. NEWISH offers hair-care, skin-care, personal-care, wellness and personal-safety products. In these Terms, “NEWISH”, “we”, “us” and “our” refer to the brand and its operator, as applicable.

By accessing, browsing or using the Website, creating an account, submitting information or placing an order, you agree to these Terms of Service (“Terms”) and the policies expressly referred to herein. If you do not agree, you must not use the Website. The Website is hosted on Shopify.

1. Eligibility

You must be at least eighteen years of age and legally competent to enter into a binding contract under Indian law. A minor may use the Website only under the supervision of a parent or lawful guardian, who shall be responsible for such use and for any order placed.

You confirm that the information supplied by you is accurate, current and complete and that your use of the Website complies with applicable law.

2. Permitted Use and Accounts

The Website may be used only for lawful, personal and non-commercial purposes unless we expressly authorise otherwise. You are responsible for safeguarding your account credentials and for activities carried out through your account.

You must not introduce malware, interfere with Website security, scrape or copy the Website through unauthorised automated means, impersonate another person, manipulate prices or promotions, submit fraudulent orders or reviews, or attempt unauthorised access to any account, system or data.

We may reasonably restrict access where necessary to address fraud, misuse, security risks, legal obligations or a material breach of these Terms.

3. Product Information

The Website offers hair-care oils, skin-care oils, essential oils, carrier oils, aloe vera gel, vegetable glycerine, aromatherapy products, personal-safety sprays and related personal-care and wellness products.

We take reasonable care to present product descriptions, specifications, photographs and prices accurately. However, colour, texture, consistency, fragrance, packaging and appearance may vary because of screen settings, lighting, photography, packaging changes, natural ingredient variations and normal production variations. You must review the product description, quantity, volume, ingredients, directions, warnings, suitability information, expiry or best-before information and storage instructions before placing an order.

Product availability is subject to stock and serviceability. We may correct an evident typographical, technical or pricing error, update product information, or withdraw an unavailable product, subject to applicable law and any order already validly accepted.

4. Product Use and Suitability

NEWISH products must be used strictly according to their labels, directions, dilution guidance, warnings, expiry information, storage instructions and accompanying literature.

Personal-care, cosmetic, botanical and wellness products may produce different results for different users. Skin type, hair type, sensitivity, allergies, medical conditions, environment, frequency of use and interaction with other products may affect suitability and results. A patch test should be conducted before first or regular topical use where appropriate. Use must be discontinued if irritation, discomfort or an adverse reaction occurs, and professional medical advice should be sought where necessary.

Essential oils are concentrated products and must not be applied directly to the skin unless the product label expressly permits such use. They must be diluted and used only in the manner stated on the relevant product page or packaging. Products stated to be for external use must not be ingested and must be kept away from the eyes and other sensitive areas. Children must use relevant products only under appropriate adult supervision. Persons who are pregnant, nursing, receiving medical treatment, managing a health condition or known to have allergies should consult a qualified professional before using a product where appropriate.

Personal-safety sprays must be stored securely, kept away from children, heat and direct sunlight, and used only in accordance with the product instructions and applicable law. They must not be used for pranks, intimidation, unlawful threats, experimentation on persons or animals, or any purpose other than lawful personal protection. You are responsible for determining whether the purchase, possession, carriage and use of a personal-safety product is lawful in the place where you purchase, carry or use it.

Hair-care, skin-care, aromatherapy, wellness and personal-safety information provided through the Website is general information and is not medical, dermatological, therapeutic or legal advice, diagnosis or treatment. Product descriptions do not guarantee a particular cosmetic, wellness, safety or personal outcome.

Any express warranty applies only where stated on the relevant product page, packaging, warranty document or warranty-registration terms. Nothing in these Terms excludes a statutory warranty, consumer right or remedy that cannot lawfully be excluded.

5. Orders and Acceptance

An order submitted through the Website is an offer by you to purchase the selected product. An order number, payment acknowledgement or automated message does not by itself constitute final acceptance.

Acceptance remains subject to payment verification, stock, serviceability, customer information and fraud-prevention checks. We may decline or cancel an order for lawful and reasonable grounds, including non-availability, payment failure, incorrect pricing, incomplete information, suspected fraud, technical error, a legal or regulatory restriction, or inability to deliver to the stated address.

Where payment has been received for an order that cannot be accepted, the amount shall be handled in accordance with the applicable Refund Policy and law.

6. Prices, Payments and Promotions

Prices and offers may be changed before an order is accepted. The payable amount, taxes, discounts and applicable charges will be shown at checkout or in the order summary. You must use a payment method that you are legally authorised to use.

Payments are processed through authorised third-party providers. We are not responsible for independent interruptions or processing delays caused by banks, payment networks or payment gateways, but we will provide reasonable assistance where required.

Promotional codes, discounts, bundles and free gifts are subject to their stated conditions and may not be combined unless expressly permitted. An offer published because of an evident error, system malfunction or unauthorised activity may be corrected before acceptance of the affected order.

7. Other Website Policies

Shipping, delivery, cancellation, returns, replacements and refunds are governed by the separate policies published on the Website. Personal information is handled in accordance with the Privacy Policy. Those policies form part of the contractual framework applicable to Website use and purchases.

8. Reviews and User Content

Content submitted by you must be truthful, relevant and lawful and must not infringe any third-party right. You must not submit defamatory, abusive, misleading, obscene, fraudulent or malicious material, confidential information, malware or unauthorised personal data.

Any review, testimonial, image or statement describing personal results must reflect your genuine experience and must not make false, misleading or unsubstantiated medical, therapeutic, cosmetic or safety claims.

You grant us a non-exclusive, royalty-free licence to use, reproduce and display content voluntarily submitted by you for operating, improving and promoting the Website and products, subject to applicable law and the Privacy Policy. We may moderate or remove content that violates these Terms.

9. Intellectual Property

The Website and its brand names, logos, photographs, text, graphics, videos, software and page design are owned by or licensed to us and protected by applicable intellectual-property laws. They may not be copied, republished, modified, commercially exploited or used to create a competing service without prior written permission, except as permitted by law.

10. Third-Party Services

The Website may rely on Shopify, payment gateways, logistics providers, communication services and other third parties. Their services may be governed by separate terms. We are not responsible for the independent content or practices of third-party websites not controlled by us, and a link does not by itself constitute endorsement.

11. Disclaimer and Liability

The Website is provided on an “as available” basis. Subject to mandatory consumer rights, we do not warrant uninterrupted or error-free Website operation or that general product information will suit every individual circumstance, skin type, hair type, health condition, sensitivity, safety requirement or intended use.

To the maximum extent permitted by law, we shall not be liable for indirect or consequential loss arising solely from events beyond our reasonable control, misuse of a product, failure to perform a recommended patch test, disregard of dilution, storage, expiry or usage instructions, use of a personal-safety product for an unlawful or unintended purpose, user-caused unauthorised account activity, or failure of an independent third-party service.

Nothing in these Terms limits liability for fraud, wilful misconduct, defective goods, personal injury, breach of mandatory consumer rights, or liability that cannot legally be limited.

12. Changes and Termination

We may update these Terms to reflect changes in law, operations, technology, product categories or Website functionality. Revised Terms will be posted with an updated date and shall apply prospectively. They will not unlawfully reduce rights attached to an order accepted before the revision.

We may suspend access for material breach, fraud, security risk, legal obligation or misuse. Termination does not affect rights or obligations arising before termination.

13. General Provisions

If any provision is held invalid or unenforceable, the remaining provisions shall continue in effect. Failure to enforce a provision on one occasion does not constitute a permanent waiver. These Terms, together with the policies and order-specific information incorporated into them, govern your use of the Website and purchases made through it.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of India.

Nothing in this clause restricts a consumer from approaching a competent consumer commission, regulatory authority or other forum available under applicable law.

15. Contact

Questions concerning these Terms may be submitted through the customer-support details displayed in the Contact Information section of the Website.