• Sign In
Toggle Nav
Indiahandmade - Gateway to Indian Heritage Indiahandmade - Gateway to Indian Heritage Indiahandmade - Gateway to Indian Heritage
My Cart
Search
Advanced Search
  • Compare Products
Menu
Account
Settings

Terms of use (Buyer)

  1. GENERAL INFORMATION

    1. This document is an electronic record in terms of the Information Technology Act, 2000, and published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name (www.Indiahandmade.com) (“Platform” or “Website”).
    2. Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that apply to the Platform for such transactions. By mere use of the Platform, You shall be contracting with IndiaHandmade and these terms and conditions including the policies constitute Your binding obligations, with IndiaHandmade.
    3. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as a Registered User using the computer systems. IndiaHandmade allows the User to surf the Platform or make purchases without registering on the Platform. The terms "We", "Us", and "Our” shall mean IndiaHandmade.
    4. When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. 1.5. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

  2. ACCOUNT AND REGISTRATION OBLIGATIONS

    1. If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access on Your account on the Platform and refuse to provide You with access to the Platform.
    2. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address are up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password (OTP) verification.
    3. You agree that IndiaHandmade shall not be liable or responsible for the activities or consequences of the use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
    4. If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

  3. COMMUNICATIONS

    When You use the Platform or send emails or other data, information, or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other mode of communication, electronic or otherwise.

  4. PLATFORM FOR TRANSACTIONS AND COMMUNICATIONS

    1. Users (“Buyers” and “Sellers”) will use the Platform to utilize and meet and interact with one another for their transactions. IndiaHandmade is not and cannot be a party to or control in any manner any transaction between the Platform's Users.
    2. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after sales services related to products and services. IndiaHandmade does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. 
    3. Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. 
    4. IndiaHandmade does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. IndiaHandmade does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. IndiaHandmade accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
    5. IndiaHandmade is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. IndiaHandmade cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. IndiaHandmade shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
    6. The Platform does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment on that behalf.
    7. IndiaHandmade does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. IndiaHandmade is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.
    8. At no time shall the Platform hold any right, title, or interest over the products nor shall IndiaHandmade have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. The Platform is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.
    9. Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST input tax credit. Accordingly, at your request, an invoice containing the GSTIN as provided by You ("Tax Invoice") shall be issued to You by the Seller(s) selling such products (applicable on GST Sellers).
      • GST invoice will have, inter alia, the following details printed on it: - GSTIN associated with your registered business, as provided by you
      • Entity name of your registered business, as provided by you
      • Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
      • For seamless availing of the input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST authority. Please note that availing of input tax credit is subject to provisions of the GST Act and rules.
      • The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by the GST authority if the delivery address and GSTIN in the GST invoice are of different states.
      • If GSTIN and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
      • IndiaHandmade is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered. is not responsible for verifying the correctness of the GSTIN and/or entity name provided by You and You shall be entirely responsible for providing the accurate details.
      • IndiaHandmade is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered and Seller shall not entertain any request for any revision in the GST Invoice. IndiaHandmade is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered. and Seller shall not be liable for Your default including for reasons associated with details provided by You.
      • IndiaHandmade is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered. will not be liable if case You are not able to avail input tax credit or if the input tax credit is denied to You for any reason whatsoever.
      • You shall be solely liable for all compliances required under applicable laws.
      • You agree to indemnify and hold IndiaHandmade is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST Invoice, and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN.
      • IndiaHandmade has the right to not allow business purchases on the Platform to You if fraudulent activity is identified.
      • Seller reserves the right to not issue a Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction if any fraudulent activity is identified.
    10. You shall independently agree upon the manner and terms and conditions of delivery, payment, etc. with the seller(s) that You transact with.
    11. You release and indemnify IndiaHandmade 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 Platform and specifically waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on its behalf, IndiaHandmade cannot take responsibility or control the information provided by other Users that is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

  5. CHARGES

    IndiaHandmade may charge a nominal fee for buying on the Platform in the future, you shall be duly informed of any such change. IndiaHandmade reserves the right to change its Fee Policy from time to time. In particular, IndiaHandmade may at its sole discretion introduce new services/fees and modify some or all of the existing services/fees offered on the Platform. In such an event, IndiaHandmade reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to IndiaHandmade.

  6. USE OF THE PLATFORM

      1. You agree, undertake, and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
      2. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
        • belongs to another person and to which You do not have any right;
        • is harmful, harassing, profane, defamatory, obscene, pornographic, libelous, 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.
        • is misleading in any way;
        • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
        • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
        • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
        • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number), or rights of publicity];
        • promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
        • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
        • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
        • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
        • contains video, photographs, or images of another person (with a minor or an adult).
        • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
        • engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. 
        • solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
        • interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
        • refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited, or violates the letter or spirit of these Terms of Use.
        • 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 products;
        • 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 that is offensive or menacing in nature;
        • impersonate another person;
        • 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 the value of, surreptitiously intercept or expropriate any system, data or personal information;
        • threatens the unity, integrity, defense, 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.

    6.3. You shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;

        • You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
        • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
        • You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your information, as provided for by the Platform.
        • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms IndiaHandmade, IndiaHandmade.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of IndiaHandmade or sellers on platform or otherwise tarnish or dilute any IndiaHandmade's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or IndiaHandmade's systems or networks, or any systems or networks connected to IndiaHandmade.
        • You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
        • You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
        • You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of IndiaHandmade and/or others.
        • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and rules thereunder as applicable and as amended from time to time, and also all applicable Domestic laws, rules, and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
        • Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, concerning Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to the use of the Platform.
        • We reserve the right but have no obligation, to monitor the materials posted on the Platform. IndiaHandmade shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.

  7. CONTENTS POSTED ON THE PLATFORM

    1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, and artwork (collectively, "Content"), is third-party user-generated content and IndiaHandmade has no control over such third-party user-generated content as IndiaHandmade is merely an intermediary for this Terms of Use.
    2. Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or any commercial enterprise, without IndiaHandmade's express prior written consent.
    3. You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
    4. You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Platform (collectively, "Content"). 

  8. SERVICES

    1. 8.1. Payment Facility for Buyers:
      • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
      • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by the Payment Facility on any extension/increase in the Dispatch and Delivery time, and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch / Delivery time or subsequent novation/variation of the Transaction should comply with Payment Facility Rules and Policies.
      • You, as a Buyer, shall electronically notify the Payment Facility using the appropriate IndiaHandmade Platform features immediately upon Delivery or non-delivery within the time period as provided in the Policies. Non-notification by You of Delivery or non-delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. 
      • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time then this would make You ineligible for a refund.
      • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
      • Refunds shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
      • For electronic payments, refunds shall be made in the Source Account.
      • Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
      • Refund shall be conditional and shall be with recourse available to IndiaHandmade in case of any misuse by Buyer.
      • We may also request you for additional documents for verification.
      • Refund shall be subject to Buyer complying with Policies.
      • IndiaHandmade reserves the right to impose limits on the number of Transactions or Transaction Prices that IndiaHandmade may receive from an individual Valid Credit/Debit/Cash Card/Valid Bank Account, and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
      • IndiaHandmade reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with IndiaHandmade or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
      • IndiaHandmade may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if IndiaHandmade deems it suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, IndiaHandmade may hold the Transaction Price and IndiaHandmade may not inform Seller to Dispatch or remit the Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
      • The Buyer and Seller acknowledge that IndiaHandmade will not be liable for any damages, interest claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of IndiaHandmade.
    2. Compliance with Laws:
      • As required by applicable law, if the Customer purchases an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
      • Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and IndiaHandmade Platform.
    3. Buyer's arrangement with Issuing Bank:
      • All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
      • All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

  9. SALE IN INDIA ONLY

    Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. IndiaHandmade makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and IndaiHandmade is not responsible for the supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

  10. DISCLAIMER OF WARRANTIES AND LIABILITIES

    1. This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, IndiaHandmade does not warrant that:
    2. This Platform will be constantly available, or available at all; or
    3. The information on this Platform is complete, true, accurate, or non-misleading.
    4. IndiaHandmade will not be liable to You in any way or relation to the Contents of, or use of, or otherwise in connection with, the Platform. IndiaHandmade does not warrant that this site; information, Content, materials, product (including software), or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
    5. Nothing on the Platform constitutes or is meant to constitute, advice of any kind. All the Products sold on the Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.
    6. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications, and/or any other electronic mode of communication in case of any order or shipment or delivery-related updates.
    7. The Platform does not warrant that the Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

  11. LIMITATION OF LIABILITY

    1. 11.1. Except for liability for fraudulent misrepresentation or in relation to death and personal injury arising from our negligence, we will not be responsible or liable to you or any third party for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even foreseeable, arising or in connection with: (i) the content of websites to which the Platform provides links (and we do not accept responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of your use of any links to any other websites or reliance on the content of any website to which the Platform is linked or to which you are directed); (ii) use of or reliance on any content displayed on the Platform; (iii) disruption, damage of your data or computer system which you may suffer as a result of the transmission of any errors or viruses, worms, bugs or Trojan horses, any distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform, or to your downloading of any material posted on them, or any website linked to them or other such destructive feature via the Platform; (iv) use of, or inability to use the Platform; and/or (v) deletion of any materials relating to your use of the service on our servers or otherwise in our possession following termination of your use of the Platform.
    2. 11.2. In case of failure of a transaction or unsuccessful transaction the payment portal partner would be responsible and Indiahandmade takes no liability in case of such scenarios.

  12. INDEMNITY

    You shall indemnify and hold harmless IndiaHandmade, its owner, licensee, affiliates, subsidiaries, group companies (as applicable), and their respective officers, directors, agents, and employees, from any claim demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

  13. TERMINATION

    1. If you are in material breach of these Terms we may (in our sole discretion): (i) suspend, limit your access to, or terminate your use of the Platform and/or the service; and/or (iv) where relevant suspend, limit your access to or terminate your account with immediate effect.
    2. If we terminate your use of the Platform, we may delete from our servers (and from the Platform) any information or materials relating to you (and/or your use of the Platform) subject to our requirements under the Data Protection Legislation and any retention requirements as set out in these Terms.

  14. TRADEMARK, COPYRIGHT AND RESTRICTION

    1. This site is controlled and operated by IndiaHandmade and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. Material on the Platform is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by email or other electronic means whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
    2. IndiaHandmade respects the intellectual property of others. In case You feel that Your IPR has been infringed, You can write to grievance@indiahandmade.com

  15. CHANGES TO THE POLICY

    1. From time to time, the Platform may change, remove, add to (including without limitation by way of Additional Terms), or otherwise modify the Terms, and reserves the right to do so at its discretion. In that case, we will post the updated Terms or Additional Terms, as relevant, to the applicable Platform(s) and indicate the date of revision. We encourage you to periodically review the Terms.
    2. Your continued use of the Site or Services following the effective date of new and/or revised Terms indicate that you have read, understood, and agreed to those terms.

  16. SEVERABILITY

    If any of these Terms should be determined to be illegal, invalid, or otherwise unenforceable, it/they shall be severed and deleted from these Terms, and all other terms and/or conditions shall remain in full force and continue to be binding and enforceable.

  17. ENTIRE AGREEMENT

    Without prejudice to your or our rights in respect of fraud or fraudulent misrepresentation, these Terms constitute the entire understanding and agreement between you and us regarding the subject matter of these Terms and supersede all prior and contemporaneous agreements and understandings between you and us regarding the subject matter of these Terms.

  18. FORCE MAJURE

    Notwithstanding any provision contained in this Terms of Use, neither party shall be liable to the other to the extent that the fulfillment or performance of any terms and conditions is delayed or prevented by revolutions, civil disorders, wars, acts of enemies, strikes, lack of available resources from persons other than the parties to this Terms of Use, electrical equipment availability or failure, fires, floods, rainfall, snowfall, earthquake, natural calamity, pandemic, central, state or municipal action, statute, ordinance, or regulation or without limiting the foregoing, any other cause not within its control and which by the exercise for reasonable diligence, it is unable to prevent, whether of the class of causes hereinbefore enumerated or not. If any force majeure event occurs, the affected party shall promptly give a written notice to the other party and shall use reasonable effects to minimize the impact of such event.

  19. GOVERNING LAW AND JURISDICTION

    1. In the event of any dispute, controversy, or claim arising out of or relating to this Terms of Use, including its formation, interpretation, performance, or breach, the dispute shall be referred to and finally resolved by arbitration.
    2. The place and seat of arbitration shall be New Delhi and the language of the arbitration proceedings shall be English. The arbitration tribunal shall consist of a sole arbitrator mutually appointed by the Parties in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
    3. This Terms of Use is subject to and shall be governed by and construed in accordance with the laws of India, with the competent Courts in New Delhi having exclusive jurisdiction.

  20. CONTACT US

    Please contact us for any questions or grievances (except all inquiries related to copyright infringement) regarding this platform at grievance@indiahandmade.com