Terms and Conditions | Craftomaniacs

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is 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 user agreement for access or usage of www.craftomaniacs.com website.

User Agreement

This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use craftomaniacs, including any subdomains, webpages or extension of craftomaniacs.com; you hereby agree and acknowledge to be bound by the terms of this User Agreement. The use of craftomaniacs and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of craftomaniacs by accessing or browsing the Website and/or has registered as a member of craftomaniacs by submitting identification information/ registration details using the computer system of craftomaniacs and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.

Amendment: craftomaniacs reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event that the User Agreement includes a substantial change, the Company will provide 30 days' prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.] By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by craftomaniacs Rules and Policies for Sellers and Buyers as provided from time to time in the following hyperlinks

Definition

Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the craftomaniacs authorized Payment Gateway Facility.

Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India, and the Company in its sole discretion and without notice reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for the delivery of items outside India.

Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on craftomaniacs.

In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on craftomaniacs.

Dispatch Details means the true, accurate, and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case may be.

Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of craftomaniacs at the time of registration, buying, or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number, and banking / financial information.

Issuing Bank in respect of a buyer means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank that maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, craftomaniacs authorized Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on craftomaniacs.]

Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require. Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on craftomaniacs.

Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller. Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.

Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic/online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].

Registration and Communication

By registering on craftomaniacs, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, craftomaniacs will not be held responsible for the same.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on craftomaniacs. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on craftomaniacs to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to craftomaniacs in any manner whatsoever

Seller Registration: To be eligible to sell items on craftomaniacs, the User is required to separately register with craftomaniacs authorized Payment Gateway facility on its page on craftomaniacs. The seller shall provide complete details of the Seller Bank Account as a part of the craftomaniacs authorized Payment Gateway Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account.

Buyer Registration: Other than being a User, there is no separate registration requirement for buyers. craftomaniacs authorized Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.

Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on craftomaniacs. You further agree that your use of craftomaniacs or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record

You understand and agree that the Company merely provide hosting services to its Users who access craftomaniacs for purchase and sale of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on craftomaniacs and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of craftomaniacs indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.

Currently, the membership on craftomaniacs is free and the Company does not levy any charges/fees for browsing or buying on craftomaniacs. However, for the purposes of listing any item on craftomaniacs to be sold or availing other services provided by the Company through craftomaniacs such as packing, warehousing, courier, etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on craftomaniacs. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on craftomaniacs and such changes shall automatically become effective immediately after they are posted on craftomaniacs.

All fees/ charges shall be quoted in Indian Rupees and shall be payable to craftomaniacs Handicrafts Private Limited within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of craftomaniacs and shall be liable to pay any and all applicable taxes, charges, cesses, etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with craftomaniacs and disallow access to craftomaniacs. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.

The Company offers to list, packing, courier, warehousing, design and other value-added services (craftomaniacs Logistics) to the sellers who opt to avail any of the craftomaniacs Logistics services agree to comply with the terms and conditions set out in Policy for craftomaniacs Logistics incorporated herein by reference. The sellers will be charged for such services availed from craftomaniacs Logistics in accordance with the Facility Charges Policy.

You agree that the Company may appoint any third-party service provider, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner. The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on craftomaniacs.

Any information provided by you to the Company or submitted to craftomaniacs or provide or display to other Users of craftomaniacs in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.

User Obligations

All contractual terms of the manner and terms & conditions of delivery, payment, insurance, etc. between the buyer and the seller shall be independently agreed with the other users of craftomaniacs that you may transact with. You will treat craftomaniacs as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of craftomaniacs who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them. You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:

1. belongs to another person and to which you do not have any right to;

2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, 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 or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

3. harm minors in any way;

4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

5. violates any law for the time being in force;

6. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

7. impersonate another person or use an anonymous proxy;

8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

9. 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 offense or prevents investigation of any offense or is insulting any other nation;

10. shall not be false, inaccurate or misleading;

11. 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;

12. may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and

13. link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules thereunder or (ii) are at the same time listed for sale on a web site other than craftomaniacs. You shall not promote any website or webpage or link on craftomaniacs.

In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to craftomaniacs without any notice and any such violating information that is displayed or submitted on craftomaniacs can be removed immediately and completely. You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect craftomaniacs to restore or keep backup of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on craftomaniacs. You will also refrain from accessing information or databases in an unauthorized manner from craftomaniacs or servers where information or databases are kept. You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such an attempt is discovered, it will constitute sufficient grounds for termination of access to craftomaniacs and also for taking appropriate legal action. In case of any transaction or attempted transaction pertaining to any item listed on craftomaniacs which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at support@craftomaniacs.com. If you choose to provide feedback on craftomaniacs which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents. You undertake not to disclose or distribute any other User's Information to a third party or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so. You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing a description on a listing for a specific item, unless permitted by the Company in writing. You shall not attempt to 'double-dip' during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer or seller as the case may be.

Disclaimer

craftomaniacs is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of craftomaniacs. All commercial/contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, you understand that a listing may end if another User buys the item or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time. The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on craftomaniacs. The Users acknowledge that the Company will not be liable for any damages, interests or claims, etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users. the Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on craftomaniacs. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties. The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on craftomaniacs. craftomaniacs is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform in the form of the Website for communication and a hosting service for information and it is agreed that the contract for the sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with the Company nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for the unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers. The Company and its suppliers, affiliates and service providers make available craftomaniacs and services including the craftomaniacs Logistics, craftomaniacs authorized Payment Gateway facility for electronic payment on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of craftomaniacs and craftomaniacs authorized payment gateway electronic payment facility is at your own risk. You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of craftomaniacs and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company's reasonable efforts on that behalf. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.

Indemnity

You shall indemnify and hold harmless the Company and the Company's parent, subsidiaries, affiliates, third parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.

General

None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever. Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to support@craftomaniacs.com and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law. This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Company with respect to the subject matter herein. The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favorable to you. All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

ARBITRATION

If any dispute arises between you and the Company during your use of craftomaniacs or the craftomaniacs authorised payment gateway facility or craftomaniacs Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or craftomaniacs authorized payment gateway Agreement, or the rules, policies, and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.