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Terms & Conditions

www.IndianCarnival.com is an online market place. Users and members can buy and sell products through this marketplace. This is a project from ZeeX Solutions Private Limited (herein after referred to as “Company”), F-402 Plot No-3, Sector-23, Dwarka, New Delhi - 75, India. By using the www.Indian Carnival.com Website (hereinafter referred to as “website” or “Site”) you agree to be bound by this ”User Agreement”. This Agreement applies to all users of the website. Users include sellers, customers, contributors of content, information and other material or services on the Website.

The agreement covers the contractual relationship between Indian Carnival.com and members of www.Indian Carnival.com who use the services of Indian Carnival.com. For the purpose of this “User Agreement”, User or Guest User and wherever the context so require ‘You’ shall mean any person who agrees to become a member of www.indiancarnival.com by registering on the Website as a User or a Guest User and accepts this electronic version of the “User Agreement”.

 By using this site, you agree to accept this User Agreement and you accept and agree to the Terms and Conditions of this user agreement.

You can recall your consent or cancel the contract between you and Indian Carnival.com in writing according to the Suspension, recall and cancellation regulations.

Membership Eligibility and Registration

If you use www.IndianCarnival.com to search or browse products, shops, or members, you do not require any registration.  However, registration is required for many other features and functions; such as adding to the wish list, public recommendations, flike, and tweet. You also may not be able to open a shop, list items for selling.  However, you can buy products as a guest user by providing necessary details.

Membership at  the Website  is free and we do not charge any fees for the same. Sellers are requested to see Seller terms and conditions before listing.  However, Indiancarnival reserves the right to change its Fee policy any time. In such an event, changes will be posted on the Website and will become effective immediately.

The Website has the right to refuse registration to anyone for any reason at any time.

Our services are only available to users who are eligible to form binding contracts under applicable law. Our services are available to individuals of 18 years or above. Our seller services are only available to women over 18 years of age or business entities owned by women or business entities where one or more of the promoter, owner, partner, or director is a woman.  If you are registered as a business entity, by accepting the user agreement, you represent that you have the authority to bind the entity to this user agreement. As a registered user, it is your responsibility to maintain the confidentiality of your User ID and Password. As a guest user, it is your responsibility to maintain confidentiality of your email ID and other details that you mention on the Website. You are solely responsible for all activities carried out under your User id and password.  You accept that you will take utmost care and protect your user id and password. You shall not sell your user id to any other person or entity.

You also agree to provide true and accurate information in the Registration process as a user and as a guest user. If the information provided is inaccurate, incomplete, invalid or untrue, we have the right to suspend or permanently delete your membership and refuse access to the Website. 

You also agree to comply with the terms and conditions set out in the Buyer Terms and Conditions added in this Website and incorporated herein by reference.

You also agree to comply with the terms and conditions set out in the Seller Terms and Conditions added in this Website incorporated herein by reference.

You as a user also agree to be bound by the terms set  out in Privacy Policy, Shipping Policy, Refund Policy  and Other policies and terms added in this Website and incorporated herein by reference.

 General Terms

  1. You agree that all activities while using Indian Carnival.com or any service provided by Indian Carnival.com will be as per laws.
  2. Your information and your activities must not be false, inaccurate or misleading.
  3.  You shall not be offensive or menacing, abusive, and  defamatory
  4. You shall not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy.
  5. You shall not be fraudulent or involve yourself in sale or purchase of any illegal items.
  6. You shall not breach any applicable laws or regulations.
  7. You shall not Copy, modify, reproduce, or create derivative works from the content of the Website. You shall not distribute any information or Content without the written permission of IndianCarnival.com. 
  8. You shall not violate this Agreement or any other Indian Carnival.com policy or guidelines, or any applicable law, statute, ordinance or regulation.
  9. You shall not add the employees, or users of  Indian Carnival.com to your mail list; without their consent and without disclosing the same to IndianCarnival.com
  10. The content or information posted by you on the Website shall not contain any material that may affect the Website or its normal functioning including viruses and worms etc or anything else that may intercept or interfere or disrupt the normal functioning of the Website or the Servers on which the Website is hosted.  You also agree not to access any details on the Website without any authority provided by the company. The company reserves the right to take possible action against such users.
  11. You agree not to use abusive, defamatory, threatening, harassing or any such information or content that may hurt the sentiments, defame a group or a person or a brand or a company, cause damages; personal or financial to anyone.
  12. You agree not to use incorrect or false information including false email addresses or false accounts.
  13. You agree not to post any porn or obscene comments, content, or information on the Website.
  14. Privacy: We respect privacy of our users. As part of some transactions, you may obtain details of another user including contact name and addresses. You agree not to use such information without consent of the other user, except for the purpose of the transaction for which it is meant.  Indian Carnival.com does not you a license to use the information for any other commercial or personal use.

Reporting: Violation of any rules, and terms and conditions mentioned in this agreement or any other policy which form a part of this agreement or any legal violations must be reported to [email protected]

In case of any doubts, questions in regard to this user agreement and other policies, please write to us at [email protected]

The user agrees to have all terms and conditions and policies that form a part of this agreement. The user is deemed to have agreed, understood, and accepted the Terms, Conditions, policies, procedures as set out in this user agreement and other policies and FAQs mentioned on this Website; and cannot at any time claim ignorance of any or all of them. All relationship of any user wheresoever’s situated is Governed by and in accordance with the laws of national capital territory, Delhi, India.

In case of breach of terms and conditions or any legal regulations, the following actions may be taken. These actions may also be taken if your actions cause us or our members any loss including any financial loss or any legal liability:

  • Limit your use of Website or remove your use of IndianCarnival.com
  • Cancel, Suspend or terminate your registration.
  • Remove any items listed by you or any other content provided by you.
  • Indian Carnival.com also reserves the right to irrevocably suspend your registration and to refuse services to you without notice.
  • Users may be suspended and removed if feedback received contains repeatedly negative ratings
  • Users may be suspended and removed if they provide false data including contact data, invalid email address, postal address, or payment data.
  • Users may be suspended and removed if they transfer their account to a third party or any other person.
  • Users may be suspended and removed if they damage other members of Indian Carnival.com or abuse services of Indian Carnival.com or for any other reason the management considers valid.

Indian Carnival.com reserves the right to cancel this User Agreement at any time and for any reason without providing any notice thereof. Suspended members are not permitted to use Indian Carnival.com and to create a new member account.

You can cancel the User Agreement at any time in writing to [email protected].

Liability, Warranty, and Disclaimer

The site www.Indian Carnival.com or the company ZeeX Solutions Pvt. Ltd. (referred as ‘We’) do not guarantee or warranty that we would provide continuous and uninterrupted or secure access to our services. The working and operations may be affected by many factors out of our control. However, we try our best to provide you good services. The services of Indian Carnival.com are provided as they exist and as per the permissible limits of law. We provide no guarantee or warranty to the Users in respect of the products sold on indiancarnival.com. The Company assumes no liability for any monetary damages or any other damages suffered by you on account of, delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or any services provided by the company including logistics. 

We are not responsible or liable for any form of contracts formed between members of Indian Carnival.com. The content provided by members of indiancarnival.com is solely the responsibility and liability of the member who has provided the content and information including product information and information related to the business of the member.  Indian Carnival.com is not liable for information on Indian Carnival.com provided by its members. IndianCarnival.com claims no intellectual property rights over the material provide by members of Indian Carnival.com. You also agree to release Indian Carnival.com, our parent, our organization, affiliates, subsidiaries, directors, agents, and employees from all claims, damages, actions, losses, costs (including legal fees), any known and unknown claims, arising out from or connected with such right, action or claim.

The Website does not guarantee or warranty or provide any assurance on the behavior of any user (buyer or seller) of the Website.  The Website or the company’s only and exclusive responsibility or liability is to provide the users with necessary information. This is subject to the Privacy Policy (as listed on the Website) and applicable laws. The dealing between sellers and buyers is their own responsibility and liability. We do not recommend or endorse any products or information or content on the Website.

Indemnity

You agree to indemnify the company (Zeex Solutions Pvt. Ltd),the Website,  our organization, affiliates, subsidiaries, third parties, partners, representatives, directors, agents, and employees from all claims, damages, actions, losses, costs (including legal fees), any known and unknown claims, arising out from or connected with any claims, rights, or actions by any third party that may  arise due to breach of these Terms & Conditions and any documents included herein by reference, or violation of any law or the rights of a third party.

If there is any claim, right, or action against any other user arising from the user of the Site by the user,  you agree that you will pursue any such right, action or claim independently without any of recourse to indiancarnival.com.

Seller Terms and Conditions

To Sell at Indiancarnival.com, you need to register with us as a provider/seller. After providing the details and clicking the Submit or Register button, you agree to be binded by this user agreement and terms and conditions of selling.  Indian Carnival.com is an exclusive marketplace for INDIAN traditional wear, traditional jewelries, traditional art, traditional handicrafts and accessories. Our Sellers are Women and Business entities owned by women. You accept that you are a Woman Business owner and you intend to sell your products through the website. 

As a registered seller/ provider at our website you are bound by the following terms and conditions of selling.

  1. You must be able to sell item or items that you list on the website under law. Sellers are solely responsible for all items listed and for the compliance with legal regulations.

 

  1. The items that you list should not and do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties.
  2. Items must be listed under appropriate categories and states. Your shop will be listed under the state that you select while listing items. You can only select a single state for your products. 
  3. You will not list your items under inappropriate categories/ States or multiple Categories/ States on the Website.
  4. You agree to be solely responsible for the price that you set for your product.
  5. You can provide descriptions for your products. You are solely responsible for the descriptions you provide and you accept that you will not provide any misleading information. You will provide true and actual pictures (Photographs) and description of the products
  6. If the description provided by you is not matching the product, you agree to refund any amounts that you received as part of the sale proceeds.
  7. We reserve the right to delete inappropriate listings / multiple listings of products on the Website.
  8. We reserve the right to delete any listing that does not comply with the terms and conditions mentioned in this agreement.
  9. You agree that items you list for selling are in stock so that you can fulfill the orders.
  10. If your products don’t fit into any of the categories mentioned on the website, you are not allowed to list products unless management accepts to treat you as an exception.
  11. Selling Alcohol, drugs, medicines and other illegal and prohibited items on the Website is strictly forbidden. The list of prohibited and illegal items is provided for reference as a part of this agreement
  12. Setting up a shop at the Website is free of charge. We charge only a transaction fees for every successful sale our products through our Website. Our fees and related terms are described in our Fees Policy that forms a part of this User Agreement.
  13. While registration as a seller, you provide a name that appears as your Shop Name. Your Shop Name shall not infringe any third party’s rights or be immoral. In such case, we reserve the right to alter the shop name or to delete the shop.
  14. You are responsible for ensuring that you have the right to use all content on your listing and that Indian Carnival.com has the right to host it on our servers.
  15. You are not allowed advertise any products not listed on the Website. All the content that you provide should only mention the products listed on the Website.
  16. You are not allowed to mention your contact number, address, telephone number or any other information that is not related to the products. In such cases, we reserve the right to cancel registrations and delete all product listings.
  17.  All information relevant for the buyer to allow him to decide buying should be true and accurate including information related to payment, shipping, delivery and delivery time, exchange, return, and refund.
  1.  As a business you are obligated to give all necessary information

Regarding consumer protection as required by law and also provides details of legal disclaimer rights as required by law.

 

  1.  As a seller you agree to provide complete details of the exchange policy and procedure. Policies of all providers/ Shop must comply with Indian Carnival.com's site-wide policies. Indian Carnival.com reserves the right to request that a seller modify a shop policy.

 

  1.  www.Indian Carnival.com reserves the right to delete items that infringe legal regulations, these Terms & Conditions, and user agreement or the policies of Indian Carnival.com. Before listing a product, find out if your product is allowed on Indiancarnival. Violations of these policies may result in Account suspension or deletion.  You may contact IndianCarnival.com to report violations. IndianCarnival.com reserves the right to report these listings and transactions as per Indian law.

 

  1. Shipping of Order: The seller is required to deliver within the delivery time as agreed on with Indian carnival or as provided on the website. In case you are using the Shipping Services provided by Indian Carnival, you must ship the products at the company’s  Delhi or Mumbai Address as may be communicated in the agreement on usage of Shipping Services of the company by the seller Address within 1 day of receiving the payment confirmation from us. This is to ensure timely delivery to the buyer. You also agree to ensure the following:
  1. Use a reputed courier service or postal service with good track record. Use a  postal or courier service that provides you with  tracking facility for shipped items. Only use the the postal or courier service that  also provides appropriate proof of dispatch and proof of delivery documents.
  1. You agree to share such the proof of dispatch and proof of delivery documentation with indiancarnival.com as and when they are asked for. IndianCarnival.com will process your payment based on these proofs. You also agree to maintain these proofs for a  period of 1 year from the date of disptach
  2. You agree that the proof of delivery and dispatch shared will be true and correct and authorized by you. Any misleading, fraud, or false information or any tampered information will not be accepted. Indiancarnival.com reserves the right to take appropriate action in this regard as permitted by law.
  3. You also agree to send an Invoice along with the order that is addressed to the buyer. The invoice should contain the Item Details, Order Details and Transaction amount.
  4. In case the seller does not provide the proofs of delivery and dispatch, indiancarnival.com reserves the right to take action including suspension of account..
  1. As a seller, you comply with all government laws and regulations. You will not sell items that are prohibited under Indian Law. You will also not sell items internationally if they are banned in a particular country. You can contact respective statutory authorities to gather more information. You can check with (RBI), The Reserve Bank of India, Ministry of Commerce and Industry or Foreign Trade Policy.

 

  1. You are also required to check policies related to a specific country regarding sale of items. When selling internationally, please check trading and import restrictions. Certain items may be legal in India, but may be illegal elsewhere.
  2. Products that can be sold at Indian Carnival: You can sell on the Website, if the products fall in any of the below mentioned categories:
  1. Product is related to any art, tradition, or culture of India.
  2. Product falls in any of the following categories:
  • Traditional Wear and accessories/ Fashion accessories
  • Bags
  • Footwear
  • Books and other literal material
  • Antiques and Handicrafts
  • Home Furnishings
  • Gifts
  • Showpieces

A list of prohibited items is provided. However, a seller is responsible and should ensure that items listed for selling are as per the law and are not forbidden for sale. If the product is not your creation and you are reselling, make sure that as per law you are permitted to sell the product.

Prohibited Items

  1. Any pornography and other sexually suggestive materials are prohibited on the website. This includes literature, images, and other such media elements. This also includes any escort or prostitution services or links to Website or website memberships of pornography or illegal sites.
  2. Any dating services or matrimonial services or information.
  3. Unsubstantiated cures, remedies or other such items.
  4. Any medicines or health related products or information.
  5. Body parts of Humans and animals which include living parts or other parts such as nails, teeth, hair etc.  Any item that uses these parts in manufacturing are also prohibited
  6. Astrology services or products or religious information is prohibited.
  7. Any Copyrighted product, media, software without proper license or authorization cannot be sold at the website.
  8. Alcohol, drugs, tobacco products or any other intoxicating substances are prohibited.
  9. Sale of any kind of financial instrument or schemes.
  10. Unauthorized products or copyrighted designs or replicas or imitation without appropriate approval are prohibited.
  11. Illegal documents including counterfeit IDs, passports, diplomas etc
  12. Any gaming or gambling material
  13. Any kind of hazardous material including fireworks.
  14. Any software or hardware material which can be used to circumvent copyright protection or gain unauthorized access to software or another's computer or property;
  15. Any kind of arms, weapons, or any information related to these.
  16. Any Illegal goods which are not permitted as per law includes materials, products, or information promoting illegal goods.
  17. Regulated goods which includes air bags; batteries containing mercury; Freon or 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; foreign currency and goods regulated by government or other agencies.
  18. Anything that enables illegal acts.
  19. Any Offensive products, such as literature or other materials that may defame any person or groups.
  20. All products or services which do not comply with applicable laws and regulations; federal, state, local or international including the laws of India.

VAT and Other taxes

VAT or other taxes applicable should be included in the price mentioned for the product. The seller is responsible for paying the taxes for the sales of products from the shop.

Wherever the sales of a product needs a special government permit or any other documentations as applicable (in case of b2b shipping to specific states, etc) the seller shall take the responsibility to obtain the same).

As a seller you shall not charge Indian Carnival.com fees to the buyer as extra charge. However you are free to price up your product!

 

Fees and Billing

Becoming a member of Indian Carnival.com is free. Indian Carnival.com does not charge fees for setting up a shop or for buying items.

Indian Carnival.com does not charge fees for listing an item for sale on Indian Carnival.com. If a purchase is made on Indian Carnival.com, Indian Carnival.com will charge 16.9% as transaction fees on the transaction made from the shop, to the seller.

We may change this policy at any time. Any change will be notified to you via email. We may choose to temporarily change our Fees Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.

Sellers are not allowed to bypass Indian Carnival.com fees.

The Accounts of the seller will be cleared fortnightly or as agreed with the Seller after deducting the transaction fee. For more details; contact [email protected]

Buyer Terms and Conditions

1. As a Buyer (herein after referred to as “You”), you agree that you are legally able to buy any item that you purchase on the site

2. You accept that by initiating a transaction on the Website; you are bind by the terms and conditions of the Website.

3. You agree that you will pay for the transaction amount as per the mode of payment selected by you. Your order will be dispatched on credit of transaction amount to the company’s account.

4. By purchasing an item/product from this Website, you agree to be bound by the conditions of sale specified in the item's/ product’s description including Dispatch and Delivery time specified or terms specified through any other means, such as, electronic media or any other method on the Website provided that the conditions of sale are not in breach of this User Agreement or illegal as per law

5. You agree not to hold the company responsible for any terms of sale that are set between you and the seller

6. You agree that ZeeX Solution pvt Ltd. is only a service provider and collects money on seller’s behalf which is remitted to the seller after deducting the service charge.

7. You agree that the Buyer cannot claim any benefit or interest on the transaction amount collected by the company.

8. You agree that the actual product may be a little different than the one shown in the photographs as the photographs do not depict the product dimensions or colors appropriately. You agree to hold the company harmless in this regard.

9. The product descriptions mentioned on the Website including Size, Color etc and other physical and functional characteristics of the product are only approximate as most of the items are handcrafted. Hence there could be a slight variation in the description or pictures and the actual product that you receive.

10. Indian carnival.com may make changes to the Website, its functions, its content, the terms and conditions and the policy.  You agree to check these changes and do not hold the Site responsible for any such change effecting the transaction that you may have initiated.

11. The prices mentioned are specified by the Seller, therefore, you agree to buy at the price mentioned. The prices are not indicative of any local prices and we are not responsible for this.

12. Since sellers post the product information and the photographs, there may be errors, we request you to check the same with us before placing the order. We are not responsible for typographical or photographic errors.

13. You may agree with the seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of the User Agreement and the rules and policies made there under.

14. Buyers cannot buy any product without paying the transaction amount as per the payment method specified on the website for that specified transaction.

15. You agree to provide true and correct contact details. You agree to update the contact information including Address in case of change. The company or the Website shall not be responsible for any updation not done by the buyer or if any communication does not reach the user on account of non-updation of contact details.16. Indian Carnival.com takes all steps to ensure that the items listed by sellers are genuine. However, it cannot guarantee the quality or safety or legality of the items listed. The buyer by accepting the terms agrees and acknowledges the risk.

16. We reserve the right to control the volume of transactions and at any time can refuse the transaction based on volume. In case of order delivery outside India, the volume of transaction is limited as per Law. You agree to abide by the same. The company also reserves the right to block certain Valid Cards or Valid Bank Accounts that may be suspected for misuse while making payments.

17. Bulk Orders: The buyer agrees that the goods bought are not for Resale. Any order for reselling of goods or bulk buying should be placed by first writing to [email protected]

18. The company takes all measures to prevent misuse. Payment initiated by the buyer may be kept on hold for verification. We reserve the right to contact the buyer for any additional information (documents, data) to verify the payment. In case of any false, misleading, incorrect, or incomplete information, the transaction may not be processed.  The dispatch may be affected because of the checks. We also reserve the right to refuse transaction processing by buyers who may have history of any charges imposed by our payment processing partner or bank.

 

19. An order is dispatched after payment confirmation. The time for dispatching the order is as mentioned in the product description or communicated by the seller or the company (if company ships the products) during the buying process. However, the company does not guarantee any timely dispatch by the seller or the company (in case the company ships the products) and the company or the Website is not responsible for the delay in dispatch or delivery. However, we will do our best to provide you with dispatch and delivery dates as informed to us by the Seller. In case dispatch details are not provided by the Seller as per mutually agreed time between the buyer and the seller or as per the time agreed on between the company and the seller or as per the Shipping policy that forms a part of this agreement, the company reserves the right to cancel the transaction and refund the amount to the buyer (if paid) as per the Refund policy that forms a part of this agreement.

20. The delivery time for the products is calculated from the date the dispatch details are provided with proof by the seller or the company (in case the company ships the products). The delivery time is mentioned in the Shipping policy which forms a part of this agreement and you agree to accept the same. The buyer agrees to notify the company / Website upon delivery or non-delivery within the time limit prescribed in the Shipping policy. In case a buyer does not inform the company about receipt or non-receipt with the time limit, the transaction shall be construed as completed and delivered no refund request shall be taken on account of Delivery.

21. Refunds will be initiated as per the Refund policy that forms a part of this agreement. Please read the Refund policy for details.

22. Octroi, Taxes, and Levies: At some places, as per the law, Octroi, other local taxes and levies may be charged. It is not possible to list all such taxes on the Website. Therefore, you as a buyer, agree to and are liable to pay the same to the Courier or the Delivery agency. The Website or the Seller or the company is not liable to pay the same and the same is also not included in the product Cost or the shipping cost. 

23. All Payment Transactions that involve a third party payment gateway will be goverened by the Terms and Conditions between the Buyer and the Payment Gateway. Payment conducted using payment instruments, such as Debit Card and Credit Card will also be governed by the Terms and conditions agreed between the buyer and the issuing bank or payment instrument issuing company. The company is not liable and responsible for any violation of these terms and you agree to indemnify the company, its partners, its affiliates, its subsidiaries, its agents, its employees, its directors, and its representatives, against any direct or indirect liability that may arise due to such violations. In case of online Bank transfers to the Company’s account, the buyer agrees to abide by the law governing such transactions and indemnifies the company against any such violation.

 Testimonials and Feedback: It is difficult to identify all users on the Internet. Therefore, Indian Carnival.com cannot and does not confirm the identity of users or the validity of the information that is posted by users on the website. Therefore, we have a testimonials and feedback system. Members are requested to provide testimonials and feedback in an objective manner only about the purchase they have made. Feedback shall not contain any illegal or defamatory statements and should be true and based on facts and as per legal laws. You shall not include any hearsay comments or any other information that may malign any user, product or brand. We reserve the right to cancel or delete any such feedback. We do not allow any third party to give feedback on the website. Indian Carnival.com reserves the right to delete any such content and feedback or ratings in the case these infringe the Terms and Conditions of the Website or legal regulations.

 


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