Terms of Use

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 of Use for access or usage of domain name (www.swakruti.com)(“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Swakruti Art Private Limited a company incorporated under the Companies Act, 1956 with its registered office at C-6, Kinnari Duplex, B/H Citizen Society, Subhanpura, Vadodara, Gujarat, India (hereinafter referred to as “Swakruti”).

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

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Swakruti allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean Swakruti Art Private Limited.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Swakruti Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Transaction on the Platform is available only to persons 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 un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may not use the Platform or access content on the Platform (only under the supervision and prior consent/ permission of a parent or legal guardian.) REMOVE THIS LINE.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Swakruti reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to The Swakruti’s notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that Swakruti shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from.

Communications

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

Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Swakruti is not and cannot be a party to or control in any manner any transaction between the Platform’s Users.

Henceforward:-

• All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Swakruti does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Swakruti.
• Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
• Swakruti does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Swakruti does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Swakruti accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
• Swakruti is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Swakruti cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Swakruti shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
• Swakruti does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bonafides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
• Swakruti does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
• At no time shall Swakruti hold any right, title or interest over the products nor shall Swakruti have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Swakruti is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
• The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Swakruti is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

At no time shall Swakruti hold any right, title or interest over the products nor shall Swakruti have any obligations or liabilities in respect of such contract.

Swakruti is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Select products offered by sellers may be eligible for business purchases on the Platform.

• Upon Your purchase of product(s) eligible for business purchases, You may be able to avail the benefits of GST/VAT input tax credit. Accordingly, at your request, an invoice containing the GSTIN/VAT No. as provided by You (“Tax Invoice”) shall be issued to You by the Seller(s) selling such products.
• GST/VAT invoice will have, inter alia, the following details printed on it:-GSTIN/VAT No. associated with your registered business, as provided by you
• Entity name of your registered business, as provided by you
• Not all products are eligible for business purchases on the Platform and the same is solely at the discretion of the Sellers. You will be able to view the eligibility of Tax Invoice on the product page on the Platform.
• Purchases on the Platform must only be for end consumption. Users must not use products purchased on the Platform for any commercial, promotional, resale or further distribution purposes.
• For seamless availment of input tax credit, kindly mention the delivery address as the address which is mentioned as the registered place of business as per the records of GST/VAT authority. Please note that availment of input tax credit is subject to provisions of GST /VAT Act and rules.
• The delivery and billing addresses will be required to be the same, please note that input tax credit will be denied by GST /VAT authority if the delivery address and GSTIN/VAT No. in the GST/VAT invoice are of different states.
• If GSTIN/VAT No. and/or business entity details are not provided by You, it will be presumed that it is a personal purchase and not a business purchase.
• Swakruti is not responsible to verify the correctness of the GSTIN/VAT No. and/or entity name provided by You and You shall be entirely responsible to provide the accurate details.
• Swakruti and Seller shall not entertain any request for any revision in the GST/VAT Invoice. Swakruti and Seller shall not be liable for Your default including for reasons associated with details provided by You.
• Swakruti will not be liable in case You are not able to avail input tax credit or if input tax credit is denied to You for any reason whatsoever.
• You shall be solely liable for all compliance required under applicable laws.
• You agree to indemnify and hold Swakruti and Seller harmless from all losses, claims, costs, expenses, suits, proceedings, or any other liability including any third-party claims (including any penalties imposed by governmental authorities) arising out of or in connection with (1) the GSTIN/VAT No. and/or entity name provided by you or the input tax credit claimed by you or your use or misuse of the GST/VAT Invoice and (2) your non-compliance with the applicable laws or (3) your use or misuse of any third-party’s details including GSTIN/VAT No.
• Swakruti has the right to not allow business purchases on the Platform to You if a fraudulent activity is identified.
• Seller reserves the right to not issue Tax Invoice or issue a credit note against an already issued Tax Invoice to cancel the transaction, if any fraudulent activity is identified.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

• You release and indemnify Swakruti and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Swakruti cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretense.

Charges

Membership on the Platform is free for buyers. Swakruti does not charge any fee for browsing and buying on the Platform. Swakruti reserves the right to change its Fee Policy from time to time. In particular, Swakruti may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Swakruti reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in United States Dollars. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Swakruti Art Private Limited.

Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

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

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

(2) 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.

(3) is misleading in any way:
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.

(4) Harasses or advocates harassment of another person.

(5) Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(6) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(7) 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];

(8) 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;

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

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

(11) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

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

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

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

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

(16) Interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services;

(17) Refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(18) Harm minors in any way;

(19) 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;

(20) Violates any law for the time being in force;

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

(22) Impersonate another person;

(23) 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;

(24) 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.

(25) Shall not be false, inaccurate or misleading;

(26) 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.

(27) Shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Swakruti, The Swakruti.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Swakruti or sellers on platform or otherwise tarnish or dilute any Swakruti’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Swakruti’s systems or networks, or any systems or networks connected to Swakruti.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
• You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Swakruti and / or others.
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
• From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
• You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Swakruti 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 PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Swakruti views. In no event shall Swakruti 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 Platform. 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 libelous, tortuous, or otherwise unlawful information.

• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
• It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
• Swakruti shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
• If you choose to browse or transact on the Platform using the voice command-based shopping feature, you acknowledge that Swakruti and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve Swakruti’s and/or its affiliate’s products and services. Swakruti and/or its affiliate’s use of your voice data will be in accordance with the Swakruti Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. Swakruti reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.
• The English version will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Platform, the English version on the Platform shall prevail. This feature may not be accessible on certain devices. Swakruti reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and Swakruti has no control over such third party user generated content as Swakruti is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Swakruti express prior written consent.

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

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content”). Such Content will become our property and you grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Platform. If You object to Your Information being transferred or used in this way please do not use Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Swakruti does not warrant that:

This Platform will be constantly available, or available at all or The information on this Platform is complete, true, accurate or non-misleading.

Swakruti will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Swakruti does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling

As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfillment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Swakruti reserves the right to delete such multiple listings of the same product listed by you in various categories.

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in US Dollars. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further :

• Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Swakruti liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Swakruti’s Platform.
• You have specifically authorized Swakruti or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with Swakruti is on a principal to principal basis and by accepting these Terms of Use you agree that Swakruti is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on The Swalakruti’s Platform that are paid for by using the Payment Facility. Swakruti does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
• You understand, accept and agree that the payment facility provided by Swakruti is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Swakruti Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Swakruti is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers :

• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate Swakruti Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
• Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by You.
• For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
• Refund shall be made in US Dollars only and shall be equivalent to the Transaction Price received in US Dollars.
• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
• Refund shall be conditional and shall be with recourse available to Swakruti in case of any misuse by Buyer.
• We may also request you for additional documents for verification.
• Refund shall be subject to Buyer complying with Policies.
• Swakruti reserves the right to impose limits on the number of Transactions or Transaction Price which Swakruti may receive from on an individual Valid Credit/Debit/Cash Card/Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
• Swakruti reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Swakruti or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
• Swakruti may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Swakruti. As a result of such check if Swakruti is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Swakruti shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of Swakruti.
• Swakruti may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Swakruti deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and purchase, Transaction Price. In addition, Swakruti may hold Transaction Price and Swakruti may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
• The Buyer and Seller acknowledge that Swakruti will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Swakruti.

Compliance with Laws :

• As required by applicable law, if the Indian Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, before making the failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
• Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Swakruti Platform.

Buyer’s arrangement with Issuing Bank :

• All Valid Credit / Debit/ Cash Card/Paypal and other payment instruments are processed using appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
• All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Swakruti’s Replacement Guarantee*

Swakruti’s Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. The return policy period (Swakruti’s Replacement Guarantee) depends on the product category and the seller. Kindly click here to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions.

• Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
• Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:

a. Damages due to misuse of product;

b. Incidental damage due to malfunctioning of product;

d. Products with tampered or missing serial/UPC numbers;

e. f. Any damage/defect which are not covered under the manufacturer’s warranty

g. Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;

h. Jewellery which is ‘made to order’ on customer’s request

On Clothing and Footwear, qualified sellers accept 10 day exchange subject to the following conditions:

Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Returns are not applicable for ‘Made to order’ jewellery, socks, clothing freebies, etc.

Damaged or defective or ‘Not as described’ products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 10 Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee) applicable for different categories.

If Swakruti has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, Swakruti may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on Swakruti will not be allowed to return their products.

Swakruti reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Swakruti may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Indemnity

You shall indemnify and hold harmless Swakruti, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) 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 this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Vadodara.

Jurisdictional Issues

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale at any place and not restricted to only India.

Trademark, Copyright and Restriction

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

Trademark complaint

Swakruti respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Swakrutiat trademark@swakruti.com.

Product Description

Swakruti we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL SWAKRUTI 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.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Mr. Harish Patel
Swakruti Art Private Limited
CIN –
C-6, Kinnari Duplex,
Near Citizen Society,
Subhanpura,
Vadodara – 390023
Email: writetous@swakruti.com
Time: Mon – Fri (10:00 – 19:00)

POLICIES

Profanity Policy

Swakruti prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

• Report offensive Display Names
• Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

Swakrutiwill consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

Violations of this policy may result in a range of actions, including:

• Limits placed on account privileges;
• Loss of special status;
• Account suspension.

Swakruti shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if Swakrutiis of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, Swakrutishall have the right to delete the customer review. Swakrutishall also; at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

Replacement Guarantee* (Repeat)

The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

If Swakruti has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Swakrutimay while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

Swakruti reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Swakrutimay at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Returns Policy

Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller on the Flipkart Platform. Following situations may arise:

• Item was defective
• Item was damaged during the Shipping
• Products was / were missing
• Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

Points to be noted:

• Seller can always accept the return irrespective of the policy.
• If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:

• Replace after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
• Refund after shipment collection – Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
• Refund without shipment collection – Seller has agreed to refund the buyer without expecting the original shipment back)
• Replace without shipment collection – Seller has agreed to replace the order without expecting the original shipment back)
• On certain select days as specified by Swakrutiseparate policies may be applicable.

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn’t close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

Shipping cost for returning the product shall be borne and incurred by the Seller.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted :

• Seller can always accept the return irrespective of the policy.
• If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.

Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us on details provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:

• Buyer is asked for “Reason for Return”. Among others, the following are the leading reasons:
• Shipping was damaged
• Item was defective
• Item Dead on Arrival
• Item(s) were missing
• Wrong item sent
• Intimation shall be provided to Seller seeking either “approval” or “rejection” of the replacement request.
• In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product; Seller shall be obliged to provide the replacement product to the Buyer.
• Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to Help center.

In case the Seller doesn’t have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

If the Seller doesn’t respond to the Buyer’s replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favors of Buyer and Seller shall be liable to refund amount paid to the Seller.

All shipping and other replacement charges shall be borne and incurred by the Seller.

Disputes (Resolutions) Policy

Overview

Generally, transactions are conducted smoothly on Swakruti. However there may be some cases where both the Buyers and Sellers may face issues. At Swakruti, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

What is a ‘dispute’?

A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.

How does a ‘dispute’ occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.

How is a ‘dispute’ created?

Whenever there is a disagreement, the Buyer can write to Help Center, while the Seller can write to info@swakruti.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of ‘disputes’?

Following are the indicative examples of potential disputes:

• Wrong item received
• Item Not as described
• Damaged or Seal broken on Product
• Part/Accessory missing
• Item not Compatible
• Seller Description/Specification Wrong
• Defective (Functional issues)
• Product not working and Manufacturer claims invalid Invoice

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Swakrutiwill try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

Buyer Protection Program

In case of a dispute where the Seller is unable to provide a refund or a replacement, Swakrutiwill actively work towards reaching a resolution.

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.

The Buyer can write to Hepcenter ,if the issue with the Seller is not resolved. The Kalakruti’s Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, a dispute can be registered.

CS team will not facilitate a conference call, CS team acts as the bridge between customer and seller.

When a dispute has been raised, Swakruti may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Swakruti for settling the dispute.

Buyer Eligibility and Restrictions

Only the Buyers who have purchased the product on Swakruti are eligible for the Buyer Protection Program.

Buyers can file a dispute within 45 days from the date of delivery of the product

Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.

To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn’t hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Swakruti by writing an email to Help Center

Fraudulent charges and claims are not covered under Buyer Protection Program

If the Buyer has already initiated charge back through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.

Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

Through the Buyer Protection program, Swakruti does not provide any guarantee/warranty to Buyers for products sold on Swakruti against technical/manufacturing defects.

Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Swakruti shall verify the disputes so raised and may process only such claims that are valid and genuine.

Swakruti shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.

Claims of the nature of ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.

Swakruti reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Swakruti may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

Decisions made by Swakruti under the Buyer Protection Program shall be final and binding on its Users.

Swakruti reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.

Through this program, Swakruti shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

Swakruti Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

• Item not received CB – Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies
• Unauthorized CB – Buyer hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies.

Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state “Powered by Swakruti” and failing to do so Seller will be liable for chargebacks (as applicable).

• Item not as described – meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Swakruti. Swakruti encourages its Users to be professional, courteous and respectful when communicating by email.

However, Swakruti will investigate and can take action on certain types of unwanted emails that violate Swakruti policies.

Such instances:

Threats of Bodily Harm – Swakrutidoes not permit Users to send explicit threats of bodily harm.

Threats of Bodily Harm – Swakruti does not permit Users to send explicit threats of bodily harm.

Misuse of Swakruti System – Swakruti allows Users to facilitate transactions through the Swakruti system, but will investigate any misuse of this service.

Spoof (Fake) email – Swakruti will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab.

Spam (Unsolicited Commercial email) –Swakruti’s spam policy applies only to unsolicited commercial messages sent by Swakruti Users. Swakruti Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Swakruti – Swakruti prohibits email offers to buy or sell listed products outside of the Swakruti Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Swakruti policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

• Limits on account privileges
• Account suspension
• Cancellation of listings
• Loss of special status

Other Businesses

otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, Swakruti assumes no responsibility for examining or evaluating the products and services offered by them. Swakruti do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). Swakruti does not endorse, in any way, any third party Platform(s) or content thereof.

Swakruti Infringement Verification (SIV) – Reporting Listing Violations

Swakruti has put in place Swakruti Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Swakruti’s interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

• If you are a Verified Rights Owner and want to report a listing issue, see Swakruti’s SIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through SIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to [contact us].
• If your listing was removed through SIV, and you believe that your listing was removed in error, please [contact us].

Swakruti does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, Swakruti is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Swakruti.

Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on Swakruti is encouraged to become a SIV member.

Program membership entitles you (Verified Rights Owner) to the following benefits:

• Rapid response by Swakruti in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
• Dedicated priority email queues for reporting alleged infringements
• The ability to obtain identifying information about Swakruti’s users’

How to Become a SIV Member

To join the SIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable Swakruti to easily identify the material or listing to be ended.

In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email at ss@swakruti.com.

Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.

We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.

Addendum to Notice of Infringement:

List of Allegedly Infringing Listings, Products, or Materials

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Swakruti will inform Sellers of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

• Trademark owner doesn’t make this type of product or has discontinued the production of the product
• Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

• Listing(s) has unlawful comparison to trademark owner’s brand or product
• Listing(s) contains unlawful use of trademark owner’s logo

Copyright-item infringement

• Software is being offered without any license or in violation of a license
• Item(s) is a bootleg recording;
• Item(s) is an unlawful copy (software, games, movies, etc.);
• Item(s) is unlawful duplication of printed material
• Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

• Listing(s) comprises unauthorized copy of copyrighted text
• Listing(s) comprises unauthorized copy of copyrighted image
• Listing(s) comprises unauthorized copy of copyrighted image and text

Note:

Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to writetous@swakruti.com; or ss@swakruti.com.

Contacting the Seller

At Swakruti we are committed towards ensuring that disputes between sellers and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available by the sellers on their product listing pages. Alternatively, the buyers may also access help center at Help Center