Terms & Conditions

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.

1. Acceptance of Terms

1.1. These Terms and Conditions ("Terms") govern your access to and use of the website, mobile platform, or any other sales channels operated under the brand name Wholenight ("Company", "We", "Us", or "Our"), including the purchase and use of our products.

1.2. By accessing our platform or purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and any other policies published by us.

1.3. If you do not agree with these Terms, you must refrain from using our platform or purchasing our products.

2. Eligibility & Legal Capacity

2.1. You must be at least 18 years of age to access, purchase, or use our products.

2.2. By using this platform, you represent and warrant that:

• You are legally capable of entering into a binding contract under the Indian Contract Act, 1872.
• You are purchasing the product for lawful personal use.

2.3. We reserve the right to refuse service or cancel orders if we suspect violation of eligibility criteria.

3. Nature of Business & Product Disclaimer

3.1. Wholenight is a direct-to-consumer (D2C) brand engaged in the sale of wellness products, including delay sprays intended for topical application.

3.2. The Wholenight Delay Spray contains Lidocaine, a topical anesthetic used to temporarily reduce sensitivity.

3.3. The product:

• Is intended for external use only.
• Is designed for temporary delay support, not medical treatment.
• Does not claim to cure or treat any medical or psychological condition.

3.4. The Company does not provide medical advice, diagnosis, or treatment. Any content, product description, or communication should not be interpreted as medical guidance.

3.5. Users are strongly advised to consult a registered medical practitioner before use, especially if they:

• Have hypersensitivity or allergies.
• Have pre-existing medical conditions.
• Are on prescription medication.

3.6. Individual results may vary, and the Company makes no guarantees of performance or effectiveness.

4. User Responsibilities & Safe Usage

4.1. You agree to use the product strictly in accordance with:

• Instructions on the packaging.
• Usage guidelines provided by the Company.

4.2. You agree not to misuse, overuse, or alter the product.

4.3. You acknowledge that:

• Improper use may result in irritation or adverse reactions.
• The Company shall not be liable for misuse or negligence.

4.4. You are solely responsible for ensuring that the product is suitable for your personal use.

5. Account, Data & User Information

5.1. To place orders, you may be required to provide personal information including:

• Name
• Contact Number
• Email Address
• Shipping Address

5.2. You agree that:

• All information provided is accurate and complete.
• You will promptly update any changes.

5.3. We are not responsible for delays or losses caused by incorrect information provided by you.

5.4. You are responsible for maintaining the confidentiality of your account credentials (if applicable).

6. Order Acceptance & Pricing

6.1. All product listings on our platform constitute an invitation to offer and not a binding offer.

6.2. Your order is considered accepted only after:

• Payment is successfully processed (for prepaid orders), or
• Order confirmation is issued.

6.3. We reserve the right to:

• Cancel or refuse any order.
• Limit quantities.
• Modify or discontinue products without prior notice.

6.4. Prices are subject to change at our sole discretion.

7. Payment Terms

7.1. We accept payments via:

• Credit / Debit Cards
• UPI / Net Banking
• Cash on Delivery (where applicable)

7.2. All payments must be made in Indian Rupees (INR).

7.3. The Company shall not be liable for:

• Payment gateway failures.
• Unauthorized transactions due to user negligence.

8. Shipping & Delivery

8.1. Orders are processed within standard timelines, typically 1–3 business days.

8.2. Delivery timelines are indicative and may vary due to:

• Location.
• Courier partner delays.
• External circumstances beyond our control.

8.3. Risk of loss transfers to you upon successful delivery.

9. Returns, Refunds & Cancellations

9.1. Due to the intimate and hygiene-sensitive nature of the product, returns are strictly limited.

9.2. Returns are accepted only in the following cases:

• Damaged product.
• Defective product.
• Incorrect item delivered.

9.3. Conditions for return:

• Request raised within 7 days of delivery.
• Product is unused and in original packaging.

9.4. Non-returnable cases:

• Opened or used products.
• Change of mind.

9.5. Approved refunds will be processed within 7–10 working days.

10. Intellectual Property Rights

10.1. All intellectual property related to:

• Brand name Wholenight
• Logos, packaging and design
• Website content

are owned exclusively by the Company.

10.2. Unauthorized use, reproduction, or distribution is strictly prohibited and may lead to legal action.

11. Prohibited Activities

You agree not to:

• Use the platform for unlawful purposes.
• Submit false or misleading information.
• Attempt unauthorized access to our systems or networks.
• Resell, distribute, or market our products without prior written authorization.

12. Limitation of Liability

12.1. To the maximum extent permitted by applicable law, the Company shall not be liable for:

• Indirect, incidental, special, or consequential damages.
• Loss of data, profits, revenue, goodwill, or reputation.
• Any adverse reactions resulting from improper or negligent use of the product.

12.2. The total liability of the Company, if any, shall not exceed the amount actually paid by you for the product giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its directors, employees, officers, affiliates, and representatives from any claims, losses, liabilities, damages, costs, or expenses arising out of:

• Your misuse or improper use of the product.
• Your violation of these Terms & Conditions.
• Any inaccurate or misleading information provided by you.

14. Termination

14.1. We reserve the right to suspend or terminate your access to our platform immediately if:

• You violate these Terms & Conditions.
• Fraudulent, illegal, or suspicious activity is detected.

14.2. Such termination shall not affect any rights, obligations, or liabilities accrued prior to termination.

15. Disclaimer of Warranties

15.1. All products and services are provided on an "as-is" and "as-available" basis.

15.2. To the fullest extent permitted by law, the Company disclaims all warranties, whether express or implied, including but not limited to:

• Fitness for a particular purpose.
• Merchantability.
• Performance guarantees.

16. Governing Law & Dispute Resolution

16.1. These Terms & Conditions shall be governed and interpreted in accordance with the laws of India.

16.2. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts.

16.3. Before initiating legal proceedings, both parties shall endeavor to resolve disputes amicably through mutual discussions.

17. Force Majeure

The Company shall not be liable for any failure or delay in the performance of its obligations due to events beyond its reasonable control, including but not limited to:

• Natural disasters.
• Government actions or restrictions.
• Supply chain disruptions.
• War, strikes, pandemics, or any other force majeure events.