Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE T&C, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN THE COMPANY AND YOU. IF YOU VISIT, USE, OR SHOP AT THE SITE (or any future site operated by the COMPANY, YOU ACCEPT THESE T&C. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE SERVICES OF THE COMPANY OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH THE COMPANY OR THIRD PARTY VENDORS, WHETHER OR NOT INCLUDED IN THE SITE, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR MERCHANT. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL.
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use CraftsNation.in, including any subdomains, webpages or extension of CraftsNation.in(Website) and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of CraftsNation.in and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a member of the Website by submitting identification information/ registration details using the computer system of this Website and Accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website.
Amendment: The Company reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to any one who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
Payment on Billing shall mean a Transaction where the payment for the items purchased is paid by the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within  days of booking the Transaction.
Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for Delivery of items outside India.
Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or through other logistical channels at the address communicated by the buyer on the Website.
Dispatch/ Dispatched shall mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or through other logistical channels at the address communicated by the buyer on the Website.
Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company [on the Website] as proof that the item has been Dispatched and/or Delivered, as the case maybe.
Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Website at the time of registration with the Website, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
Issuing Bank in respect of a buyer means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a Valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price.
Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on the Website.
Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India's electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
Rules of Conduct and Site:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Post any content which is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
Post content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming".
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service.
Violate any applicable laws or regulations for the time being in force in or outside India.
Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by www.CraftsNation.in
Refunds and Cancellations:
www.CraftsNation.in is hopeful to not to have cancel or return a product. At the same time, we would be there to help you whenever you do so due to certain circumstances. As a first step we are laying out our cancellation and return policy to take care of your hassles.
ORDER HAS NOT BEEN SHIPPED YET: In case of cancellations, no cash refund will be made; however, you will receive the paid amount in the form of Crafts Cash in your Crafts Wallet which can be used on your next purchase anytime during the next 6 months.
ORDER WAS DAMAGED WHEN RECEIVED: We take utmost care while packaging to ensure that the product reaches you the way you had seen it on our website. However, due to situations beyond our control, the items delivered might get damaged in transit. We would be more than happy to replace or cancel your order under such circumstance. We would request you to let us know of the damage within 48 hours of receipt of order by sending an email on care@CraftsNation.in We would either send you a replacement product or provide you with Crafts Cash of equivalent amount in your Crafts Wallet which can be used on your next purchase anytime during the next 6 months. The refund would happen only after proper check of the damaged material.
INCORRECT ITEMS RECEIVED: We are proud of the robustness of our fulfilment process and the right shipment would reach the right person at the right place. In case you receive items that are different from the ones you ordered, we will ship the right items to you right away. Please send us an email at care@CraftsNation.in with the order ID and complaint details. Refund would be processed after the item has reached back to us.
Exactness Not Guaranteed:
CraftsNation.in hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, CraftsNation.in owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to CraftsNation.in without obtaining authorization from CraftsNation.in.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links to Third Party Sites:
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of CraftsNation.in or the Website and CraftsNation.in is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CraftsNation.in is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. CraftsNation.in is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CraftsNation.in or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Prices for products are described on our Website and are incorporated into these terms and conditions by reference. Prices, products and services may change at CraftsNation's discretion. Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. CraftsNation.in will try to be accurate, however if you come across any difference in pricing on our Website pre and post orders, we request you to contact us within 3 days of placing your order. CraftsNation.in shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order or as specified in the refund policy. Cash on Delivery order refunds will be done by Cheque. If CraftsNation.in comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
Price of our merchandise is inclusive of the VAT and CST. The VAT/CST charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. CraftsNation.in reserves the right to collect taxes for shipping charges wherever applicable.
Title and risk of loss for all products ordered by you shall pass on to you upon CraftsNation's shipment to the shipping carrier. www.CraftsNation.in reserves the right to collect taxes for shipping charges wherever applicable.
CraftsNation.in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. If you or CraftsNation.in terminates your use of the Website or any Service, CraftsNation.in may delete any content or other materials relating to your use of the Service and CraftsNation.in will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
Fraudulent /Declined Transactions:
Our fraud detection team constantly monitors the user's account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and Craftsnation.in reserves the right to recover the cost of goods, collection charges and lawyers' fees from persons using the Site fraudulently. CraftsNation.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, CraftsNation.in reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause CraftsNation.in shall owe no liability for any refunds.
Credit Card Details:
You agree, understand and confirm that the credit card details provided by you for availing of services on CraftsNation.in will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to CraftsNation.in. Further the said information will not be utilized and shared by CraftsNation.in with any of the third parties unless required for fraud verifications or by law, regulation or court order. CraftsNation.in will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
As per these terms and conditions, users are solely responsible for every material or content uploaded on to the Website. CraftsNation.in does not review the contents in any way before they appear on the website www.CraftsNation.in does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these terms and conditions, please report to care@CraftsNation.in.
- Discounts will be applied to the total merchandise value excluding VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
- Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
- Discount coupons - Discount coupons may from time to time be offered to account holders; such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered.
- Promotional discount coupons - We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website.
- CraftsNation.in shall introduce various offers, schemes or contest from time to time as deemed necessary. The terms and conditions for such Contest shall be separately available on the Site.
CraftsNation.in reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time.CraftsNation.in, at its discretion, can withdraw a particular scheme from the website or market.
In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at care@CraftsNation.in
This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and un discharged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Registration and Communication
Registration: You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Company, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password.
You agree that your sole purpose of registering or using the Website is to buy or sell unique Indian handicraft products including green-crafted and ethnic products or such products as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use this Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.
Buyer Registration: Other than being a User, there is no separate registration requirement for buyers.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
You understand and agree that the Company and the Website merely provide hosting services to its Users who access the Website for purchase and sale of unique Indian handicraft products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
Currently the membership on the Website is free and the Company does not levy any charges/fees for browsing or buying on the Website. However, for the purposes of listing any item on the Website to be sold or availing other services provided by the Company through the Website such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
All fees/ charges shall be quoted in Indian Rupees and shall be payable to S R Commercials within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.
If you propose to sell anything on the Website, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.
You agree that the Company(S R Commercials) may appoint any third party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on the Website.
Any information provided by you to the Company or submit on the Website or provide or display to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company or the Website merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.
All contractual terms of the manner and terms and conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of the Website that you may transact with.
You will treat the Website as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of the Website who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person or use an anonymous proxy;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
- link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to the Website without any notice and any such violative information that is displayed or submitted on the Website can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
In case of any transaction or attempted transaction pertaining to any item listed on the Website which is violative of this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at customer care.
If you choose to provide feedback on the Website which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing.
You shall not attempt to 'double dip' during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer or seller as the case maybe.
The Website is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of the Website.
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, you understand that a listing may end if another User buys the item, or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time.
The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-Delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on the Website. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on the Website. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users. You are advised use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on the Website.
The Website is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform in form of the Website for communication and a hosting service for information and it is agreed that the contract for sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with the Company nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
The Company and its suppliers, affiliates and service providers make available the Website and services on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of the Website and the electronic payment facility is at your own risk.
You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company's reasonable efforts in that behalf. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
Limited liability of the Company
In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, services provided by the Logistics Partner or any other services or this User Agreement.
The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or the Logistics Partner will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
Any delay, failure, interruption or errors in the operation of the Website or the Logistics Partner.
You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
Payments for the items on the Website, at the option of the relevant seller, can be made by way of (i) Payment on Billing which can be made through depositing cash, cheque, demand draft in the bank account of the Company; or (ii) Payment on Delivery wherein payment shall be made only by cash on delivery, or such other method of payment as may be permitted by the Company on the Website in its sole discretion.
For the purposes of buying and/or selling any item listed on the Website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company.
You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the VillaPay Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the Seller and the Company shall not be responsible for the same including but not limited to service charges or any other fees/ charges.
You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
The Company views the protection of user's privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological secu