Your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
Website Covered: www.svadeshy.in
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.
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.
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).
3.1 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.
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.
5.1 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.
6.1 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.
7.1 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.
8.1 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.
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.
10.1 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.
11.1 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.
12.1 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.
(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.
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.
14.1 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.
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.