Terms of use and notices agreement between User and M/S KALR Shilp Private Limited Please read the following terms and conditions very carefully.
Your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
Website Covered: www.svadeshy.in
THE AGREEMENT: The use of this website and services on this website provided by KALR Shilp Private Limited (hereinafter referred to as “Owner”) are subject to the following Terms & Conditions (hereinafter the “Terms”), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms governing your use of www.svadeshy.in (the “Website”), all pages on the Website and any services provided by or on this Website (“Services”). By accessing either directly or through a hyperlink, the Website, and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation vendors, buyers, customers, merchants, browsers and/ or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected, used and stored.
As a registered user of this website/svadeshy, this Agreement shall be effective and binding upon your “Acceptance” of these terms and conditions. Accepting Terms and conditions means your act of clicking on the Check Box and on the Register Button as provided on the User Registration page. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
1. ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed these Terms and that You agree to be bound by it. If You do not agree to be bound by these Terms, please do not proceed and register on the Website. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
2. DEFINITIONS
For the purposes of this Agreement, the words/phrases defined herein below shall be construed accordingly, unless repugnant to the context or the meaning thereof.
2.1 “ Agreement” means this particular Agreement between You and Svadeshy, as it exists mutatis mutandis, and includes any and all schedules, appendices, annexures, privacy policies for the access and use of this Website.
2.2 “User” means and includes any and each person who establishes a connection for access to and use this website, and includes a Registered User, who registers on this Website.
2.3 “Website” means website in the domain of svadeshy.in operated as svadeshy and, inter alia, provide a platform to vendors/buyers for showcasing and sale/purchase of various products sold by them and for providing transactional information in relation to any transactional of purchase/sale of products entered into between the sellers/buyers through this Website.
2.4 “You” means and includes any and each person as has been defined in “User” above.
2.5 “Vendor” means the person, who/which showcases various products on the Website for sale to buyers through this website or generally through this Website, and includes franchisee/s of svadeshy or non-franchisee sellers.
2.6 “Buyer” means the person, who/which places an order for purchase of a product on the Vendor through this website or generally through this website.
2.7 “Individual” or “Person” means and includes any individual, firm, company, governmental authority, joint venture, partnership, association or any other entity (whether or not having separate legal entity).
3. INTRODUCTION
3.1 svadeshy is an online marketplace platform to allow Users who comply with svadeshy’s policies to sell and buy products. which carries out sale of the following: Unique handcrafted products under
following product categories – Bedding & Bath, Floor Coverings, Home Decor & Wall Art, Kitchen & Dining, Serveware & Entertaining, Clothing & Accessories, Wellness.
svadeshy is not directly involved in the transactions between Buyers and Sellers. Therefore, svadeshy has no control over the quality, safety, ethics or legality of any aspect of the merchandise listed or the truth or accuracy of the listings, the ability of Vendors to sell products or the ability of Buyers to pay for products.
3.2 User agrees that the sole purpose of registering or using the Website www.svadeshy.in is to buy or sell unique handcrafted, Made In India products and User 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 in any manner.
We reserve the right to refuse service or refuse to sell the products on the Website at our sole
discretion to anyone for any reason at any time. The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.
4. AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms. The Owner assumes no responsibility or liability for any misrepresentation of Your age.
5. USER ACCOUNT AND SECURITY
5.1 You are responsible for maintaining the confidentiality of the password and your user account and are fully responsible for all activities that occur under your password or account.
User agrees to immediately notify any breach of the security and unauthorized use of the User’s account to svadeshy.
Svadeshy.in cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement.
5.2 User shall be responsible for keeping the account information up to date and accurate at all times which includes updating changes from time to time.
5.3 User is not allowed to transfer or sell his/her svadeshy account and user ID to any other party.
5.4 svadeshy reserves its right to cancel inactive accounts and also reserves the right to refuse services to anyone, at any time, without giving any reason.
6. FEES
6.1 User is free to sign up for svadeshy account. Currently svadeshy does not charge any fees for creating a shop and listing products for the purpose of sale. svadeshy charges commission fee as a percentage of the sale price only once the product sells through the svadeshy’s payment gateway.
6.2 svadeshy’s Fees Policy, which is subject to change. Changes to the Fees Policy and the fees for svadeshy’s services are effective after svadeshy provides impacted User with at least fourteen (14) days’ notice by posting the changes on the Site. However, svadeshy may choose to temporarily change the Fee Policy and the fees for svadeshy’s services for promotional events (for example, free listings, trial offer, road shows, exhibitions etc.); such changes are effective when svadeshy posts the temporary promotional event on the Website.
6.3 All fees/charges shall be quoted in Indian Rupees and shall be payable to KALR Shilp Private Limited within such time as specified in the invoice, including applicable taxes as may be levied.
7. PRODUCT LISTING AND SELLING
7.1 By listing a product on the Website the User warrants that all aspects of the product comply with svadeshy’s published policies. The User’s listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that products. All products must be listed in an appropriate category with appropriate tags. Each listing must accurately describe the product for sale in that listing.
7.2 The User shall not place any advertisements on the Website in any manner. Further, the User shall not use the Website to promote User’s own or any other persons business or interests on the Website.
7.3 All Vendors are urged to outline shop policies for their shop on svadeshy. Vendors must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with svadeshy’s site-wide policies. Users/Vendors are responsible for enforcing their own reasonable shop policies. svadeshy reserves the right to request that a Vendor modify a shop policy.
8. PAYMENT
8.1 For the purposes of buying and/or selling any item listed on the Website, the User agrees and undertakes not to make payments in any manner other than as provided, without the prior consent of svadeshy.
8.2 The User acknowledges and accepts that the User have specifically authorized svadeshy 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.
8.3 svadeshy 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 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.
8.4 Any claim for refund of any payment made to svadeshy, for any reason whatsoever, shall be to the account of the Vendor, and svadeshy shall not be responsible for the same including but not limited to service charges or any other fees/ charges.
8.5 In order to facilitate payments for Product(s) svadeshy offers an online payment gateway facility that will enable the Purchaser to make payment in respect thereof to the Vendor using a credit/debit card account, subject to Purchaser’s complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s.
9. PROHIBITED ITEMS AND ACTIVITIES
The User is solely responsible for his/her conduct and activities on and regarding to svadeshy and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that the User submits, posts, and displays on svadeshy website.
10. CONTENT
10.1 svadeshy does not claim ownership rights in User’s Content. The User grants svadeshy a license solely to enable svadeshy to use any information or Content User supply to svadeshy, so that svadeshy is not in violation of any rights the User might have in that Content. The User agrees to allow svadeshy to store or re-format User’s Content on svadeshy and display the same on svadeshy in any way as svadeshy chooses. When providing content using the Services (directly or indirectly), you grant svadeshy a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against svadeshy, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
10.2 As part of a transaction, User/Seller may obtain personal information, including email address and shipping information, from another svadeshy user in your independent capacity. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for svadeshy-related communications. svadeshy has not granted the User a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any svadeshy User to email or physical mailing list.
10.3 svadeshy will promote the product, features and services from time to time to Users. The discretion of communication by svadeshy to particular User will be solely on their own discretion.
10.4 By posting Content on svadeshy, it is possible for an outside website or a third party to re-post that Content. The User agrees to hold svadeshy harmless for any dispute concerning this use. If the User chooses to display his/her own svadeshy-hosted image on another website, the image must provide a link back to its listing page on svadeshi.
10.5 svadeshy neither endorses nor responsible directly or indirectly for the availability of outside websites or resources linked to or referenced on the Site and for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
10.6 The User agrees to defend, indemnify and hold harmless svadeshy, its shareholders, affiliates, vendors, partners, and their respective directors, officers, employees and agents from and against all claims, demands, losses, damages, liabilities, expenses, actions, including but not limited to, reasonable attorney fees, made by any third party, arising out of the use of svadeshy website by the User or through your User Account or any breach of this Agreement by the User.
11. RESOLUTION OF DISPUTES
11.1 Any dispute arising from or relating to the subject matter of this Agreement, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by svadeshy.
11.2 This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
11.3 If any disputes arise between one or more Users relating to the subject matter of this Agreement or any other claims, svadeshy encourages Users report the disputes to the local law enforcement agencies, or approach certified mediation or arbitration entity, as may be applicable.
11.4 The User agrees that the svadeshy has no obligation to resolve disputes between Users inter se or with outside parties. However, svadeshy may in good faith attempts to resolve a dispute in its own discretion, but will not make any judgments regarding legal issues or claims.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 All trademarks/service marks appearing on the svadeshy website are the property of their respective owners or licensors. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark/service mark displayed on this Website, whether of svadeshy’s or its licensors or its affiliates or any third party.
12.2 Copyrights:
(a) The works of authorship contained in this Website including, but not limited to, all design, text including software (like software for the running of this website, and programme codes which may execute on server or which may be embedded or downloadable from individual pages on this website), illustrations, images, pictures, graphics, video, sound and music collectively called “the Materials”, are owned, except where expressly stated otherwise by svadeshy or one of its affiliates or partners. Further svadeshy owns a copyright in the selection, co-ordination, arrangement and enhancement of the Materials (which shall be included in the “Materials” for the purpose of clauses dealing with IPRs and Disclaimers). This website including all components and Materials are protected by Indian and International Copyright Laws and International Treaties as a collective wok and/or as a compilation and/or as individual works.
(b) The Users shall not copy, reproduce, transmit, display, perform, distribute, rent, sub-lease, alter, store this Website Materials for subsequent use or otherwise use in whole or in part, in any manner, without prior express written permission of svadeshy, except to the extent it constitutes ‘fair use’ under the Indian Copyright Act, 1957. The User acknowledges that the User does not acquire any ownership rights by downloading any copyright protected Materials. Any rights not expressly granted in these terms are reserved.
13. TERMINATION
Either svadeshy or the User may terminate this Agreement at any time. Without limiting the foregoing, svadeshy shall have the right to immediately terminate, temporarily or indefinitely suspend the User’s account privileges, issue a warning to a User, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User.
14. DISCLAIMER AND LIABILITIES
14.1 Whilst svadeshy will endeavour to ensure that the information on svadeshy website is correct, due to the inherent hazards of electronic distribution of Material and other factors, there may be inaccuracies in such Materials in the svadeshy website as well. svadeshy, Users, Vendors, Service providers or technology partners provide this Website and facilities including “Order Placing Facility “as is” and without any warranty or condition, express or implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to any product. For the said reason, svadeshy does not also guarantee continuous, uninterrupted access to the Site, as the operation of the Site may be interfered by numerous factors outside svadeshy’s control.
15. ONLINE PAYMENT TERMS AND CONDITIONS
Online Payment system is provided by svadeshy on behalf of Users/Vendors. svadeshy may update and revise these terms and conditions from time to time and any changes will be effective immediately on being set out here. Please ensure You are aware of the current terms.
All payments are subject to the following conditions:
15.1 Your payment instructions will be effected only after proper authentication in accordance with the procedures prescribed by the online payment facility.
15.2. Neither svadeshy nor the Vendor will accept any liability if payment is refused or declined by the Credit/Debit Card supplier/Service Provider for any reason.
15.3 If the Card supplier/service provider declines payment for any reason whatsoever, svadeshy or the Vendor is under no obligation to bring this fact to your attention or deliver the product/s. You should check with your bank/credit/debit card supplier that requisite payment has been deducted from your account for credit to the account of the Vendor.
15.4 svadeshy and/or Vendor shall not be liable to the User for any injury or damage caused by way of failure of performance, delay in processing or transmission, error, interruption, communication line failure etc. whilst using the on-line payment facility, whether in contract, negligence or under any other legal theory/cause of action whatsoever.
15.5 In no event will svadeshy or Vendor be liable for any damage whatsoever arising out of the use, inability to use, or the results of use of this online payment facility, any website linked to this svadeshy website for use of the online payment facility, failure of internet facility, server or on account of computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of any such damages.
15.6 Refunds, if applicable will only be made on the debit/credit card or bank account used for payment for the original transaction.
15.7 Your use of this service is at your sole risk, and the online payment facility is entitled, in its sole discretion, to refuse to comply with any of your instructions without assigning any reasons. Further the online payment facility reserves the right to charge and recover certain fees for the use of its services.
15.8 Although adequate security measures are adopted, svadeshy and or Vendor shall not be responsible for any unauthorized access to the service or your account.
Website Covered: www.svadeshy.in
THE AGREEMENT: The use of this website and services on this website provided by KALR Shilp Private Limited (hereinafter referred to as “Company”) are subject to the following policy terms and conditions, all parts and sub-parts of which are specifically incorporated by reference here. Following are the terms of service governing your use of www.svadeshy.in (the “Website”), all pages on the Website and any services provided by or on this Website (“Services”)
By accessing directly of through a hyperlink, the Website, and/or purchasing something from us, you engage in our “Services” and agree to be bound by the Policy, Terms and conditions referenced herein and/or available by hyperlink.
1. VENDOR REGISTRATION
Any individual/organisation/user who wishes to sell products on Website (www.svadeshy.in) shall register by providing the requisite information/ data on svadeshy Vendor Registration page including details of the vendor’s Valid Bank Account/GST Number. The vendor shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. KALR Shilp Private Limited (“the Company”) has the right to suspend/ terminate svadeshy Vendor Registration and the use of the Website by the vendor if the Company discovers or it is brought to the Company’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the vendor shall also be liable for all the liabilities, risks, damages and consequences that may arise.
2. PRODUCT INVOICING & SHIPPING / PRODUCT LIABILITIES
Website (www.svadeshy.in) is a collaborative marketplace platform through which vendors and buyers can connect. As a marketplace we aim at transparency and ethics in working model whereby vendors sell their products to buyers/customers on our marketplace platform. We charge a mutually agreed fee towards hosting and listing their shop products. Product invoicing and shipping the product to the buyer/customer is the responsibility of the vendor. Vendor is responsible and liable for all/any taxation related to the product sale like GST (CGST/SGST/IGST), VAT etc. Any liabilities arising from the use, consumption and/or interaction with your products is solely your responsibility. Website (www.svadeshy.in) and KALR Shilp Private Limited (“Company”) will not be responsible for any loss or damage due to your products.
3. VENDOR – HOLD/SUSPENSION AND TERMINATION
In case of any violation or breach or suspected violation or breach of any of the provisions of this policy or the User Agreement, KALR Shilp Private Limited (“Company”) may suspend and/or terminate svadeshy Vendor Registration or may put the remittances on hold with respect to such vendor. KALR Shilp Private Limited (“Company”) may reinstate vendor Registration or remit the Transaction Price to vendor subject to the vendor sharing/providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and polices made thereunder. svadeshy vendor Registration is subject to the vendor remaining an active User of the Website.
Upon identifying or being notified by any person or by law enforcement agency that vendor has violated any law in the performance of the Transaction, KALR Shilp Private Limited (“Company”) may immediately suspend vendor’s Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
4. KNOW YOUR CUSTOMER (KYC) DOCUMENTATION
During svadeshy vendor Registration and/or at any time thereafter and/or from time to time as may be required, KALR Shilp Private Limited (“Company”) may seek KYC Documents from Vendor. The further usage of the Website shall be subject to vendor’s submission of KYC Documents.
‘KYC Documents’ shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Vendor’s Bank Account provided by Vendor at the time of registration with www.svadeshy.in (“Website”) or at any subsequent date.
The Company may seek KYC Documents from the vendor at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by vendor and may ask for other documents or further information.
5. CHARGES APPLICABLE TO VENDORS
KALR Shilp Private Limited (“Company”) shall levy charges/ fees to the vendors for providing facilities to sell on www.svadeshy.in (“Website”). The Company will provide the vendor with an invoice reflecting the charges/fees.
The Company reserves the right to change the fees/commission charge Policy and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website and/or under svadeshy Logistics. Such changes shall be effective from the date/time that the Company posts the same on www.svadeshy.in (“Website”).
The vendor will be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The vendor shall pay the appropriate charges to the Company or the Company will deduct such charges from the Transaction Price to be remitted to the vendor. The Company shall issue the invoice after such deduction and remittance.
KALR Shilp Private Limited (“Company”) reserves the right to set minimum and maximum transaction limits on www.svadeshy.in (“Website”) as it may determine for the safety of its Users.
6. SINGLE LISTING:
Vendor will only make one listing for each single product that is offered for sale by vendor on www.svadeshy.in (“Website”). If vendor wants to sell more than one “identical” product you may include in the same listing for each of them and if such listings result in successful sale of multiple products you must be equipped to fulfil all such orders. Products must be listed in an appropriate category as provided on www.svadeshy.in (“Website”).
Products listed must always be kept in stock for fulfilment of sales order. Vendor agrees not to list any product is they are not equipped to deliver the product immediately.
Product listing cannot contain any disclaimer that suggests that a sales order will be completed or order will be confirmed/executed only if the product is available with the vendor listing the product.
Vendor will not make a product listing on www.svadeshy.in (“Website”) with respect to any product which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites.
In no circumstances will you attempt to divert any User through your product listing to any other website/webpage or provide him/her any information/details in order to conduct any transaction outside of www.svadeshy.in (“Website”).
Vendor agrees not to list and propose to sell any product on the Website that is clearly mentioned in the list of Restricted Items.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative product listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such product listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.
7. PRODUCT DESCRIPTION
Vendor shall be responsible for providing information relating to the products offered to be sold by you on www.svadeshy.in (“Website”). You undertake that product information at all times shall be accurate in all respects.
The product listing description must not be misleading in any manner whatsoever and must describe the actual attributes/condition of the product. You shall not exaggerate or over emphasize the attributes of any products to mislead other Users in any manner.
If the product description does not match the actual attributes/condition/specification of the product, you agree to refund any amounts that you may have received from the buyer.
If for any reason you are unable to deliver to any specific location or destination or country, you must clearly highlight the same on the product listing page.
You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the product on offer for sale in your listing.
You shall not provide any information such as a catalogue of your products in your listing or on the products or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the product listing on www.svadeshy.in (“Website”). You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.
Any image used in the listing must be of the actual product proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of products that you offer to sell on www.svadeshy.in (“Website”).
You shall not endorse any product other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.
Any free or bundled product promised or advertised in a product listing for promotional purposes must be delivered together with the main product being offered through the listing. All provisions of the User Agreement including the rules and policies made there under that apply to the main product will apply mutatis mutandis to the free or bundled product as well to the extent it may be applicable.
8. PRODUCT CATEGORIES
www.svadeshy.in (‘Website”) provides for product categories, the Vendor must take adequate care to list products in the appropriate category. Failure to comply with the same may result is cancellation of product listing.
9. CLEAN SALE
You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on www.svadeshy.in (“Website”). You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such products as may be listed by you on www.svadeshy.in (“Website”). Vendor will not engage in any unfair trade/consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
10. FEEDBACK
Buyers of products on www.svadeshy.in (“Website”) are entitled to write reviews and rate the items as well as the vendors on the Website. As a vendor, you accept that any such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have, to take legal or any other action against persons who have provided such reviews/ ratings or against KALR Shilp Private Limited (‘Company”) or www.svadeshy.in (“Website”) for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your products.
11. NO INFRINGEMENT OF INTELLECTUAL PROPERTY OF COMPANY AND THIRD PARTIES
Vendor must ensure that the listed products do not infringe upon the trade mark, copyright, intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Product listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe the product for sale.
You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party.
You will be solely responsible for listing and use of such trademark or intellectual property on www.svadeshy.in (“Website”), and will hold the Website and KALR Shilp Private Limited (“the Company”) indemnified and harmless against any claim by third parties that may arise in respect of such use.
You hereby agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on www.svadeshy.in (“Website”) carries the brand name or trademark of its original manufacturer or producer.
Further you agree not to use any intellectual properties of www.svadeshy.in (“Website”) or KALR Shilp Private Limited (“Company”) including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.
12. NON PAYMENT OF FEES
KALR Shilp Private Limited (“Company”) reserves the right to issue a warning, temporarily or indefinitely suspend or terminate your registration of the Website and refuse to provide you with access to the Website in case of non-payment of Fees/Commission/Charges or any other fees payable by you to the Company whether for svadeshy logistics services or otherwise. The Company also reserves the right to take legal action in case of such non-payment.
13. SALE REFUSAL
Once any User confirms a purchase in response to a product listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed product passes on to the buyer. You cannot refuse to sell the product, or refuse to accept payment or fail to deliver the product after the payment has been successfully made and the Transaction is confirmed.
14. PRODUCT PRICING
The price of the listed product to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof.
The shipping and handling charges included in the price of the product must be reasonable.
15. BUYER SATISFACTION
Vendor hereby accept and abide by the obligation to ensure high level of buyer satisfaction. In any circumstance more than 10% negative feedback/reviews are received on the products sold by you, you will be considered to have failed to comply with this obligation. KALR Shilp Private Limited (“Company”) may at its sole discretion cancel product listing / limits your use of services / suspend your vendor account / demand a security deposit for future listings / charge higher fees / commission from you to allow you to continue using the services and facilities of www.svadeshy.in (“Website”)
16. DISPATCH RULES
Vendor is required to Dispatch the products against successful order to the buyers within Three (3) days from payment confirmation. Vendor should dispatch the products only after payment confirmation.
You must dispatch the products using reputed courier/logistics service provider which can provide shipment tracking, proof of dispatch & proof of delivery documentation. Vendor must retain and maintain a track of all such delivery documents for a period of one year. All such delivery documents should be furnished to the Company on demand within a stipulated time frame. All dispatch details shall be true, correct and not misleading or fraudulent or illegal and shall not misrepresent the facts.
Vendor shall send an invoice addressed to the Buyer for the Transaction Price together with the product at the time of Dispatch.
17. DISPATCH DETAILS
The Vendor shall provide the Dispatch Details on the Website within five (5) days from the Payment confirmation or within such timelines as may be agreed upon between the buyer and vendor on the Website.
18. PRODUCT DELIVERY
The time within which the vendor is required to ensure Delivery of the items to the Buyer shall be calculated from the time the vendor enters the Dispatch Details on the Website (within ten (10) days from entering the Dispatch Details for delivery within India.
For all fragile goods shipped, Vendor is responsible for any damage during the product transit. Vendor should package the product properly and should inspect the packaging before final dispatch.
19. REMITTANCE TO VENDORS
Vendor agrees that the Transaction Price paid by a Buyer will be remitted to Vendor Bank Account (after the deduction of svadeshy fees/commission/transaction charge and any taxes on the fees/commission)contingent upon the following events:
- Buyer confirming the Delivery of all products in the ordered transaction , or
- Buyer not taking any action on svadeshy.in (“Website”) to confirm Delivery or non- receipt of item within seven (7) days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of product by the vendor to the Buyer, or
- Buyer does not raise a refund claim within five (5) days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law, or
All remittances to Vendors in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Vendor’s Bank Account.
The Company reserves the right to keep on hold the remittance to the Vendor for purposes of safety of svadeshy payment facility and/or Users. In such case, the Vendor will be informed and required to complete additional check and verification of information, details, data and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.
Remittances to the Vendors for their successful Transactions under svadeshy payment Facility would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions.
20. WARRANTIES AND UNDERTAKINGS
Vendor warrant and undertakes that:
All sales of product listed on www.svadeshy.in (“Website”) are on principal basis and bipartite contracts between vendor and buyer. Vendor shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the products and other terms and conditions of the Transaction. The Company by providing facilities on the Website and/or svadeshy Logistics services does not in any way becomes a party to the contract for the sale of the Product.
Vendor shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the vendor and the buyer will be entitled to refund.
If:
- the Vendor fails to Deliver within the time prescribed; or
- the Vendor sells or Delivers any illegal, prohibited or counterfeit items; or
- the description of the products listed do not match the actual condition of the products or the products are defective or damaged on Delivery; or
- there is any dispute between Vendor and the Buyer relating to the Transaction, or
- the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
- the Buyer claims a refund of or charges back the Transaction Price,
The Company has the right to take appropriate legal action including right to set off from subsequent remittances to vendor until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Vendor shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Vendor.
Vendor further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Vendors part while entering into and performing the contract with the Buyers or using svadeshy payment Facility.
In the event that any Transaction Price remitted to Vendor is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Vendors financial responsibility and the Company shall have the right to recover any such amounts from the Vendor in the manner provided herein above without any hindrance/ protest.
Vendor shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.
21. VENDOR VERIFICATION AND REFUND TO BUYERS
The Vendor authorises the Company to perform certain checks before remitting the Transaction Price to Vendors Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Vendors Valid Bank Account and require vendor to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:
- If the Vendor does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
- If the verification documents submitted are invalid, tampered or forged; or
- If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or
- If the Vendor has not Dispatched the items using a recognized dispatch channel but used any other means; or
- If Vendor has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or
- If the Vendor has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
- If the Vendor has Dispatched an item different from the description mentioned on the Transaction, or
The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
In all the above cases the Company will not be held liable for any loss incurred by the Vendor arising out of such refund and the Vendor will indemnify the Company against any loss/damage and/or any action by a third party action.
22. TRANSACTION CHARGEBACK
A chargeback occurs when the card-holder disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the Vendor by the Company. If no such amount is payable the Company may demand such amount to be paid forthwith by the Vendor. The Vendor will notify of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such chargeback in respect of the Transaction which the Company is required to pay, the Vendor will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.
23. RESTRICTED ITEMS
- Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
- Body parts which includes organs or other body parts
- Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
- Child pornography which includes pornographic materials involving minors
- Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
- Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
- Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
- Gaming/Gambling which includes lottery tickets sports bets, memberships/enrolment/ online gambling sites, and related content
- Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
- Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software’s, servers websites, or other protected property
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
- Offensive goods which includes literature, products or other material that:
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
- Encourage or incite violent acts
- Promote intolerance or hatred
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
- Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications
- Securities which includes stocks, bonds, or related financial products
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
- Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
- Wholesale currency which includes discounted currencies or currency exchanges
- Live animals or hides/skin/teeth, nails and other parts etc. of animals
- Multi level marketing collection fees
- Matrix sites or sites using a matrix scheme approach
- Work-at-home approach and/or work-at-home information
- Drop-shipped merchandise
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
24. COMMISSION AND FEE STRUCTURE
- We emphasise on transparency and ethiscs working model and ensure a fair price and trade practice. We have a variable + fixed commission structure depending on the product category.
Transaction fee: Transaction fee will be chargeable in all cases wherein an order is received, but the Vendor is unable to fulfil the order due to a stockout. Currently the transaction fee is charged @ 2.5% of the total Transaction Price.
Commission structure:
Product Category Category Description Commission (in %) Bedding & Bath Bedcovers, Quilts, Blankets & Dohar, Pillows, Curtains, Cushion Covers, Throws, Towels, Bath Accessories 17% Kitchen & Dining Table cover, Placemats, Napkins, Dishtowels, Table Runner, Coasters. Apron, Ovenmit, Pot Holders 15% Serve ware Platters, Bowls, Cake stand, Pitchers & Tea pots, Cheese Boards & Knives, Mugs & Tea Cups, Trays 15% Home Décor & Wall Art Home Accents, Storage Baskets, Photo Frame, Mirrors, Wall Art, Sculptures, Clocks 17% Floor Coverings Rugs, Durries, Door Mats 22% Accessories Bags, Potli, Jewellery 15% Clothing Sarees, Shawls, Stoles, Scarves 17% Wellness Wellness Products 17% Fixed Closing Fee: A small fixed closing fee shall be charged on all orders. The fee shall be Rs.20 per order.
Order Cancellation: In all cases wherein an order is received, but the Vendor is unable to fulfil the order due to a stockout or incorrect product sent, the transaction fee and a token commission of 5% would be charged on the Total Transaction Price.
In case of any change in the fee structure we shall inform you 30 days in advance.
PRIVACY POLICY
We at svadeshy.in value and respect your concern about online privacy. The protection of your privacy and the security of your personal information is a priority. This privacy statement explains how we collect and use the information on the website https://www.svadeshy.in and all its extensions (collectively the “Site”).
YOUR INFORMATION
svadeshy.in does not share, sell, or rent your information to any external company for their marketing and advertising purposes. Any information that we provide to third-party vendor is to be used only for the purpose of performing the analytics and compiling reports of the information. The third-party is restricted from using this information in any other way other than to provide these services to svadeshy.in and they may not share or resell this information.
By using the Service, you consent to the collection and use of information in accordance with this Policy.
Our Privacy Policy is subject to change at any time without notice to make sure you are aware of any changes please review this policy periodically.
COLLECTION OF INFORMATION
In general, you can browse our website without providing us with any personal details/information.
While you visit our site, we will track:
- Products you have viewed: we will use this to, for example, show you products you’ve recently viewed
- Location, IP address and browser type: we will use this for purposes like estimating taxes and shipping
- Shipping address: we will ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
We will also use cookies to keep track of cart contents while you are browsing our site.
When you purchase from us, we will ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We will use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages if you choose to receive them
If you create an account, we will store your name, address, email, and phone number, which will be used to populate the checkout for future orders.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it.
We will also store comments or reviews, if you choose to leave them.
USE OF COOKIES
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies, by modifying your browser settings accordingly. However, declining the use of cookies may prevent you from taking full advantage of our website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year.
If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
RETURNS
Quality of the product is of utmost importance to all our vendor partners. Most of the products are unique and handcrafted, minor variations to the product image and in the finished product is the basic nature of handcrafted products. We expect all our customers to be satisfied and appreciative of the art of handcrafted products.
Please email us on care@svadeshy.in with the product image and share the product attributes not matching the quality criteria. Our team shall contact you within 24 working hours with a resolution.
In case you receive a damaged product please email the product image to us on care@svadeshy.in within 24-36 hrs of delivery. We shall liaise with the vendor partner and organise to a replacement or available alternate products.
In case you receive a different product from what you ordered/expected, please email the product image to us on care@svadeshy.in within 24-36 hours of delivery. We shall liaise with the vendor and organise to dispatch the correct product as soon as possible.
All eligible returns shall be initiated within 48 working hours and replacements or refunds will be initiated only once the vendor receives the original product back in original condition. In case of any damage in transit for the returns, the seller may only offer a partial refund.
REFUND
We are a marketplace platform enabling artisans, designers and organisations to sell directly to customers. Each vendor sells products and offer its own refund and return policies. We request our customers to go through these policies before making a transaction.
We want our customers to be satisfied and hence we stand behind our vendors to achieve this.
We expect the delivery time to be a maximum of 15 days from the date of shipment as committed by vendor for shipments within India.
In case you do not receive the products within delivery time, please inform us on care@svadeshy.in
Please do reach out to us within 5 days of expiry of the Delivery time. All approved refunds shall be transferred to the original mode of payment used by the customer at the time of placing the order. Kindly refer the refund and exchange policy detailed on every product listing page. Refunds would usually be initiated within 48 working hours once a confirmed refund request is received.