1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the website www.nxtcha.com (“Website”) and the purchase of products through it. The Website is operated by Divi Food and Beverages, a proprietorship concern having its registered office at RZ-376/21, First Floor, Tughlakabad Extn., Opposite Tara Apartment, South East, Delhi-110019, India, under the brand NXTCHA (“Company”, “we”, “us”, “our”).
GSTIN: 07AUKPG4855H2ZE
FSSAI License No.: 13326010000263
By accessing the Website, creating an account, or placing an order, you (“User”, “you”) agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use the Website.
2. Eligibility
The Website is intended for persons who are 18 years of age or older and competent to enter into a binding contract under the Indian Contract Act, 1872. By using the Website, you represent that you meet these requirements.
3. User Account
3.1 An account is required to place orders on the Website.
3.2 You agree to provide accurate, current and complete information during registration and to keep it updated.
3.3 You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account. Notify us immediately at info.nxtcha@gmail.com of any unauthorised use.
3.4 We reserve the right to suspend or terminate any account that provides false information or violates these Terms.
4. Products
4.1 The Website offers the following products: Extra Kadak Tapri Masala Chai, Gulab Rooh Chai, Signature Gift Box, and NXTCHA Kadak Companion Gift Box.
4.2 We make reasonable efforts to display product images, descriptions and colours accurately. Actual packaging and appearance may vary slightly.
4.3 Ingredients, shelf life, storage instructions and other mandatory declarations appear on the product packaging. Please read the label before consumption.
4.4 Allergen Notice: Our products are manufactured in a facility that also processes spices and nuts. Products may therefore contain traces of nuts or other allergens. Persons with allergies or dietary restrictions should consult the packaging and exercise their own judgment before consumption.
4.5 We make no medical or health claims about our products. They are food products and are not intended to diagnose, treat, cure or prevent any disease.
5. Pricing and Orders
5.1 All prices are in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise.
5.2 We reserve the right to change prices, modify or discontinue products, or correct pricing errors at any time without prior notice. If an order is placed at an incorrect price, we may cancel it and notify you.
5.3 An order is confirmed only upon successful payment and our acceptance. We may refuse or cancel any order for reasons including product unavailability, pricing or description errors, suspected fraud, or inability to deliver to your location.
6. Payments
6.1 Payments are processed through Razorpay, a third-party payment gateway. We accept payment methods made available through the gateway, including UPI, credit and debit cards, net banking and wallets. Cash on Delivery is not available.
6.2 We do not store your card, UPI or banking credentials. Such information is handled by the payment gateway under its own terms and privacy policy.
6.3 If an amount is debited but the order is not confirmed due to a technical failure, the amount will be refunded to the original payment source in accordance with the payment gateway’s timelines.
7. Discount Codes, Offers and Gift Cards
7.1 Discount codes, promotional offers and gift cards are subject to the specific terms stated at the time of issue, including validity period, minimum order value and applicable products.
7.2 Offers cannot be combined unless expressly stated, have no cash value, and may be withdrawn or modified at our discretion.
7.3 We reserve the right to cancel orders and withdraw benefits where we suspect misuse or abuse of any offer.
8. Shipping and Delivery
8.1 We deliver only within India.
8.2 Orders are delivered through local delivery partners, ordinarily within 2 to 5 business days from dispatch. Timelines are estimates and may be affected by location, weather, public holidays and other factors beyond our control.
8.3 Shipping is free on orders above ₹499. Shipping charges, if applicable, are displayed at checkout.
8.4 You must provide a complete and accurate delivery address and a reachable contact number. We are not liable for delays or non-delivery arising from incorrect or incomplete details.
8.5 Risk of loss passes to you upon delivery of the order.
9. Order Cancellation
Orders may be cancelled by the customer within four (4) hours of placing the order, by writing to info.nxtcha@gmail.com with the order number. Orders cannot be cancelled after this period, as they may already be in processing or dispatch. Any amount payable on a valid cancellation will be issued as Store Credit in accordance with Clause 10.
10. Replacement, Refund and Store Credit Policy
10.1 Replacement: Because our products are consumable food items, we do not accept returns. A replacement will be provided only where the tea pack received is tampered with, damaged, or defective, subject to Clause 10.2.
10.2 Reporting and Proof: Any such issue must be reported within five (5) hours of receiving the order, by email to info.nxtcha@gmail.com, accompanied by clear photographs and/or an unboxing video showing the sealed package, the label, and the defect. Claims made after this period or without valid proof may not be entertained.
10.3 Refunds: Refunds, where approved, are issued as Store Credit only, redeemable against future purchases on the Website, subject to the validity and terms communicated at issue. Store Credit is non-transferable and not redeemable for cash.
10.4 This Clause does not affect any refund due to you for failed or duplicate transactions under Clause 6.3 or any other right you may have under applicable law.
10.5 We reserve the right to verify claims and to decline a replacement where the damage appears to result from misuse, improper storage or handling after delivery.
11. Personalised Gift Boxes
11.1 Gift boxes may be personalised with messages as offered on the Website. You are responsible for the accuracy of the personalisation text, including spelling.
11.2 Personalised items are made to order and are not eligible for cancellation once processing begins.
11.3 You must not submit content that is unlawful, defamatory, obscene, or infringes the rights of any third party. We may refuse any personalisation request at our discretion.
12. Bulk and Corporate Orders
Bulk and corporate gifting orders are accepted on request. Pricing, minimum quantities, customisation, delivery schedules and payment terms for such orders will be as separately agreed in writing. Please contact us at info.nxtcha@gmail.com.
13. User Reviews and Submitted Content
13.1 You may submit reviews, ratings and testimonials (“User Content”) on the Website.
13.2 You retain ownership of your User Content but grant us a non-exclusive, worldwide, royalty-free, perpetual licence to use, display, reproduce and publish it on the Website and in our marketing materials.
13.3 User Content must be truthful, lawful and non-offensive. We may remove any User Content at our discretion without notice.
13.4 You are solely responsible for your User Content, and its publication does not imply our endorsement of the views expressed.
14. Intellectual Property
14.1 The Website, and all content on it, including text, graphics, logos, images, product designs, packaging, and the name and brand NXTCHA, are the property of Divi Food and Beverages or its licensors and are protected by applicable intellectual property laws.
14.2 An application for registration of the trademark NXTCHA is pending. Pending registration does not diminish our rights in the mark, and any unauthorised use may be actionable under applicable law, including common law passing off.
14.3 You may not copy, reproduce, modify, distribute, or commercially exploit any content from the Website without our prior written consent. You are granted a limited, non-exclusive, non-transferable licence to view and use the Website for personal, non-commercial purposes.
15. Prohibited Conduct
You agree not to: (a) use the Website for any unlawful purpose; (b) attempt to gain unauthorised access to the Website, its servers or other users’ accounts; (c) introduce viruses or harmful code; (d) use automated tools to scrape or extract data; (e) impersonate any person or misrepresent your affiliation; (f) place fraudulent orders or misuse offers; or (g) interfere with the proper functioning of the Website.
16. Disclaimer of Warranties
The Website and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and uninterrupted or error-free operation of the Website.
17. Limitation of Liability
17.1 To the maximum extent permitted by law, the Company, its proprietor, employees and partners shall not be liable for any indirect, incidental, special or consequential damages arising out of your use of, or inability to use, the Website or products.
17.2 Our total liability in respect of any claim arising from an order shall not exceed the amount paid by you for that order.
17.3 Nothing in these Terms excludes liability that cannot be excluded under applicable law, including your statutory rights as a consumer.
18. Indemnity
You agree to indemnify and hold harmless the Company and its proprietor from any claims, losses, damages and expenses (including reasonable legal fees) arising from your breach of these Terms, your User Content, or your violation of any law or third-party right.
19. Third-Party Services and Links
The Website may contain links to, or rely on, third-party services (including payment gateways and delivery partners). We are not responsible for their content, policies or practices.
20. Force Majeure
We shall not be liable for any delay or failure in performance caused by events beyond our reasonable control, including natural disasters, epidemics, strikes, government restrictions, transport disruptions, or failures of internet or utility services.
21. Termination
We may suspend or terminate your access to the Website at any time, without notice, for any breach of these Terms. Provisions that by their nature should survive termination shall continue to apply.
22. Governing Law and Jurisdiction
These Terms are governed by the laws of India. Subject to applicable consumer protection law, the courts at Delhi shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
23. Grievance Redressal
In accordance with the Information Technology Act, 2000 and the Consumer Protection (E-Commerce) Rules, 2020, the Grievance Officer is:
Name: Ravi Goyal
Email: divifoodandbeverages@gmail.com
Phone: 9871050498
Address: RZ-376/21, First Floor, Tughlakabad Extn., Opposite Tara Apartment, South East, Delhi-110019
We will acknowledge complaints within 48 hours and endeavour to resolve them within one (1) month of receipt.
24. Amendments
We may revise these Terms at any time by posting the updated version on the Website. Continued use of the Website after changes constitutes acceptance of the revised Terms.
25. Contact Us
Divi Food and Beverages (NXTCHA)
RZ-376/21, First Floor, Tughlakabad Extn., Opposite Tara Apartment, South East, Delhi-110019
Phone: 9871050498
Email: info.nxtcha@gmail.com | divifoodandbeverages@gmail.com