TERMS & CONDITIONS

PLEASE READ THE TERMS & CONDITIONS CAREFULLY – Raas By Handikart

www.raasbyhandikart.com is owned and operated By the Handikart.

On the Site, We provide users with access to clothing and accessories that can be purchased at the price mentioned on the site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Raas by handikart CAN SEND THE PROMOTIONAL SMS/E-MAIL/ MAKE CALLS TO THE CUSTOMERS ALREADY REGISTERED WITH THE handikart.

Raas by Handikart reserves the right to cancel any order for any reason without giving any prior notice to the customer. If any amount is paid by the customer, the amount will be refunded fully,

Raas by Handikart reserves the right to BLOCK/BLACKLIST any customer for any reason without notice/intimation - will not accept/process order of these customers (Will refund if pre-paid orders are placed by these customers without any notice/intimation). Reasons can be many including a customer returning the products frequently, customer trying to use his influence owing to his position/profession, customer returning the products after use, customer not accepting COD orders, customer raising a PayPal Transaction Dispute without sharing the concern with Raas By Handikart etc. leading to or capable of leading to a monetary/reputation loss to Raas By Handikart.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any product sold on our site without express written permission by us.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our site is not accurate, complete or current.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

 

Price on the website accessed from outside India is higher than the prices shown to visitors accessing the website from within India.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product.

PRODUCTS

Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Though the sizes mentioned with the products are strictly adhered to but there can be variation felt by customer between 1-2 inches as the way/placement of measurement of the garments can be different.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

ELECTRONIC COMMUNICATION

You agree to keep yourself updated with all data, information and communication pertaining to you made available on Raas By Handikart. You further agree that your use of Raas by Handikart 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.

TERMS OF USE

You understand and agree that the Company merely provide hosting services to its Users who access Handikart 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 Handikart 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 Handikart indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.

Currently the membership on Handikart is free and the Company does not levy any charges/fees for browsing or buying on Handikart. However, for the purposes of listing any item on Handikart to be sold or availing other services provided by the Company through Handikart 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 Handikart. 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 Handikart and such changes shall automatically become effective immediately after they are posted on Handikart.

All fees/ charges shall be quoted in Indian Rupees and shall be payable to Handikart Online Sales Private Limited within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of Handikart 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 Handikart and disallow access to Handikart. 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.

 

If you purchase anything on Handikart, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.

If you propose to sell anything on Handikart, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.

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

Any information provided by you to the Company or submitted to Handikart or provide or display to other Users of Handikart 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 OBLIGATION

 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 Handikart that you may transact with.

You will treat Handikart 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 Handikart 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: Belongs to another person and to which you do not have any right to is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;

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 items 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 which is grossly offensive or menacing in nature impersonate another person or use an anonymous proxy 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, cancel bots, 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 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 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 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 there under or (ii) are at the same time listed for sale on a web site other than Handikart. You shall not promote any website or webpage or link on Handikart.

 

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 Raas by Handikart without any notice and any such violating information that is displayed or submitted on Handikart 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 Handikart to restore or keep back up 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 Handikart. You will also refrain from accessing information or databases in an unauthorized manner from Raas by Handikart 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 attempt is discovered, it will constitute sufficient ground for termination of access to Raas by Handikart and also for taking appropriate legal action.

 

In case of any transaction or attempted transaction pertaining to any item listed on Raas by Handikart 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 Info@ handikart.co.in.

If you choose to provide feedback on Handikart 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 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 maybe.

 

DISCLAIMERS

Welcome to our website. In accessing and using this website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions.

On this website we provide an interactive environment in which users who are interested in our services or buying products online.

If you are not over the age of 18 years, you must obtain the consent of your parent or guardian before using this website.

YOU MUST NOT

1. a) Use any other person’s name when accessing or using this website, unless it is with our consent;
2. b) Post or transmit any material which in any way defames, harasses or offends any person, is obscene or which in any way may interfere with any other users of this website;
3. c) Provide any information to us which is the confidential information or proprietary information of any other person;
4. d) Use this website in any way which may be in breach of any laws, rules or regulations or may infringe any third party rights; or
5. e) Knowingly transmit any virus or take any action which may interfere with the operation of this website.

This website may contain links to other websites which are not under our control or which are not maintained by us. The links to any such third party websites** are provided for your convenience and information only. If you access these websites you do so at your own risk. We are not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content. The fact that a website is linked to this website does not imply any endorsement or sponsorship by us of that website or that we are affiliated in any way with the third party operating that third party website.

Information, products and services published on this website are subject to change without notice

You may at your discretion provide information to us in order to receive information about us, the products or services displayed on this website, to receive information relating to our products and services or to be involved in promotions or other activities undertaken by us. All information will not be used by others, or be reproduced, published, transmitted, displayed modified or distributed at our discretion, subject to our obligations under our Privacy Statement.

All contents of this website, including the software, design, text and graphics are owned by or licensed to us and are protected by copyright under the laws of India and other countries. Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this website without our prior written consent.

This web site includes trademarks which are registered, are the subject of pending applications or which are otherwise protected by law. You may not use these trademarks without our consent.

Raas by Handikart 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 Handikart.

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 Handikart. 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 Raas by Handikart. 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 use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on Handikart.

Raas by Handikart 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 form of the Website for communication and a hosting service for information and it is agreed that the contract for 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 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 Handikart and services including the Handikart Logistics, Handikart 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 Raas by Handikart and Raas by Handikart 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 Handikart 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 in 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 pretenses.

LIMITED LAIBILITY OF THE COMPANY

In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with Handikart, Handikart authorized payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.

The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of Handikart or that the operation of Handikart or the Logistics Partner or Handikart authorized payment gateway facility will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Handikart authorized payment gateway facility.

Any delay, failure, interruption or errors in the operation of Handikart or the Logistics Partner or Handikart authorized payment gateway facility.

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.

 

BREACH

 Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Raas by Handikart or initiate any legal action it may deem fit, particularly in the event:

You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;

Any misuse of the Raas by Handikart authorized payment gateway facility The Company is unable to verify or authenticate any information provided by you; The Company believes that your actions may cause legal liability to the Company, other Users or yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.

No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.

Any User that may have been suspended or blocked may not register or attempt to register with Raas by Handikart or use Raas by Handikart in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.

Grievance Redressal Mechanism : In case of any grievance, objection or complaint on your part with respect to the Website, other Users, Handikart authorized payment gateway facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use Raas by Handikart, you should promptly raise such grievance or complaint with the designated Grievance Officer at customercare@Handikart.co.in and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.

The name and contact details of the Grievance Officer is published on Raas by Handikart as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.

 

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 Info@Handikart.co.in 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 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 GOVERNING LAW

This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 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.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at Info@handikart.co.in