SilksBazaar Terms & Conditions

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 Terms and Conditions for access or usage of www.silksbazaar.com website.

The domain name www.silksbazaar.com (hereinafter referred to as "Website") is owned by Silksbazaar E-Commerce Private Limited a company incorporated under the Companies Act, 1956 with its registered office at # 26, M.S Lane, J.M Road, Cubbonpet, Bangalore - 560 002, Karnataka, India (hereinafter referred to as "Silksbazaar").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Silksbazaar and these terms and conditions including the policies constitute Your binding obligations, with Silksbazaar.

The use of Silksbazaar and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this Terms of Use. For the purposes of this Terms of Use, '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 Silksbazaar by accessing or browsing the Website and/or has registered as a member of Silksbazaar by submitting identification information/ registration details using the computer system of Silksbazaar and accepting the electronic record of the Terms and Conditions, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.

This contract sets out your rights and responsibilities when you use the services provided by Silksbazaar (we’ll refer to our website and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

You also accept and agree to be bound by Silksbazaar Policies as amended from time to time.

Those Other Policies We Mentioned

Silksbazaar’s services connect people around the world, to sell (as of now only Indian sellers) and buy (all over the world) goods. Here’s a handy guide to help you understand the specific rules and regulations that are relevant for you, depending on how you use the services.

Sellers Policy if you would like to become a seller in silksbazaar, these policy apply to you

You can read them Sellers Policy.

Buyers Policy If you use our services to browse or shop, these policy apply to you.

You can read them Buyers Policy.

All of these policies are a part of our Terms & Conditions, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!

For all Customization buyers 

Please go through FAQ's of customization, where you will understand about orders, payment, process, procurement, price, design, return, refund on agreeable, cancellation and modification, shipping and tracking.

Please click here for FAQ's-Customization

This will include as part of Terms and Conditions for customization buyers


Privacy Policy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms & Conditions, so please read it Privacy Policy.

Eligibility

Use of the Website is only available to a person who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Silksbazaar reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Silksbazaar's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration With Silksbazaar

You agree that your sole purpose of registering or using Silksbazaar is to buy or sell Pure Silk and Pure Silk Blended with any other Fabric or such products as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use Silksbazaar for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on Silksbazaar. 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 Silksbazaar 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 Silksbazaar in any manner whatsoever.

Communication

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

Your Content

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

By posting Your Content, you grant Silksbazaar a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Silksbazaar, your Silksbazaar seller account, or the Services in general, in any formats and through any channels, including across any Silksbazaar Services or third-party website or advertising medium.

That sounds like a lot, but it’s necessary for us to keep Silksbazaar going. Consider these examples: if you upload a photo of a listing on your Silksbazaar Sellers account, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our website; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade Silk Saree, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Silksbazaar’s.

We reserve the right, but has no obligation, to monitor the materials posted on the Website. Silksbazaar shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Silksbazaar views. In no event shall Silksbazaar assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your Use of Our Service/Website

You Shall agree and confirm that your use of our service/website will be strictly governed by the following:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(1) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(2) 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;

(3) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; 

(4) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(5) harasses or advocates harassment of another person;

(6) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(7) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(8) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(9) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(10) belongs to another person and to which You does not have any right to;                                 

(11) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

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

(13) contains video, photographs, or images of another person (with a minor or an adult).

(14) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(15) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Silksbazaar's prior written consent means a communication coming from Silksbazaar's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(16) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(17) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(18) 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.

(19) harm minors in any way;

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

(21) violates any law for the time being in force;

(22) is misleading in any way;

(23) impersonate another person;

(24) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; 

(25) 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.

(26) shall not be false, inaccurate or misleading;

(27) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use:

(28) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

Payment

Payments for the items on Silksbazaar, at the option of the relevant seller, can be made by way of (i) Electronic mode which can be made through the Silksbazaar authorized payment gateway Facility or by depositing cash, cheque, demand draft in the bank account of the Company

For the purposes of buying and/or selling any item listed on Silksbazaar, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company.

You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction amount by any of the prescribed methods of payment through Electronic mode or Cash on Delivery to and from other Users in respect of Transactions.

In order to enable Users to carry out transactions on Silksbazaar, the Company will in addition to other methods of payment provide an electronic payment facility i.e. Silksbazaar authorised payment gateway facility by on the Website. The Silksbazaar authorized payment gateway facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Silksbazaar authorized payment gateway facility shall be availed in accordance with the Terms of Use and the rules and policies prescribed hereunder.

The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the registered Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction amount is remitted and/or refunded) may delay the time within which the Transaction amount are collected/ remitted by the Company through the Silksbazaar authorized payment gateway facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay. 

Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the Seller and the Company shall not be responsible for the same including but not limited to service charges or any other fees/ charges. 

You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Silksbazaar authorized payment gateway facility or any other method of payment to its Users.

Termination

Self Termination – you can terminate your account with Silksbazaar at any time from your account setting.  We are really hate to see you go.

Termination by Silksbazaar -  If silksbazaar, notices, suspects, or violation of the law or for any reason, silksbazaar terminate or suspend your account at any time and without advance notice.

Services we may discontinue - Silksbazaar reserves the rights to change, suspend or discontinue any of the services at any time, for any reason. We will not be liable to you for the effect that any changes to the services may have on you, including your income or your ability to generate revenue through the services.

Limitation liability of company

IN NO EVENT SHALL, SILKSBAZAAR, NOR OUR EMPLOYEES OR DIRECTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

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.

Governing Law

This Terms of Use 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 Bangalore shall have exclusive jurisdiction.