Last Updated Date : 2nd June, 2017.
This document is an electronic record in terms of Information Technology Act, 2000 (“IT 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.
The domain name www.IDprop.com (hereinafter referred to as 'Website') is owned by Designomix Infotech Private Limited (hereinafter referred to as 'Designomix'), a company incorporated under the Companies Act, 1956, with its head quarters at 303, Sarthik Square, Sarkhej - Gandhinagar Highway, Near GNFC Tower, Bodakdev, Ahmedabad, Gujarat 380054.
Your use of the Website, services, and tools is governed by the following terms and conditions (ToU) including applicable policies 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 a transaction. By mere use of the Website you shall be contracting with Designomix, and these terms and conditions including the policies constitute your binding obligations to Designomix.
When you use any of the services provided by us through the Website - including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time and without any prior written notice to you. It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
The use of the Website is available only to persons who can form legally binding contracts under the 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 seller on the Website, transact or use the Website. As a minor if you wish to use the Website or make a transaction, such use or transaction may be made by your legal guardian or parents. Designomix reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to Designomix’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.
Your Account and Registration Obligations
If you use the Website, you shall be responsible for maintaining confidentiality of your display name and login credentials and all activities that occur with the use of your display name and login credentials. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.
When you use the Website or send emails, 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 or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise
Platform for Transaction and Communication
The Website is a platform that users utilize to meet and interact with one another for their transactions. Designomix is not and cannot be a party to or control in any manner any transaction between users on the Website.
1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Designomix does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
2. Designomix does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold, or purchased on the Website. Designomix does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. Designomix accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Designomix is not responsible for any non-performance or breach of any contract between you and buyers. Designomix cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. Designomix shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
4. Designomix does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.
5. Designomix does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
6. At no time shall Designomix hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Designomix is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
7. The Website is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Designomix only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer. At no time shall Designomix hold any right/title to or interest in the items nor have any obligations or liabilities in respect of such a contract. Designomix is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable or back-ordered.
8. You shall independently agree upon the manner, terms, and conditions of delivery, payment etc. with the buyers you transact with.
9. You release and indemnify Designomix and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Designomix cannot control the information provided by other Users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.
Use of the Website
You agree and understand and agree that Designomix and the Website merely provides hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Designomix neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Designomix has no control over the third party user generated contents. Designomix is merely an intermediary and does not interfere in the transaction between Buyers and Sellers.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and over which you have no right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) 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;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
(g) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(h) 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];
(i) 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, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
(m) contains videos, photographs or images of another person (with a minor or an adult);
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website, profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the Website, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Website;
(o) engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, pyramid schemes, or the buying or selling of ‘virtual’ items related to the Website without our prior written consent. Throughout the ToU, Designomix’s prior written consent means a communication coming from the Designomix’s Legal Department in response to your request and specifically addressing the activities or conduct for which you have sought authorization; (p) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
(q) interferes with another’s use and enjoyment of the Website;
(r) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Website or any other website and content that is prohibited or violates the letter and spirit of ToU;
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, rights of publicity, or privacy, is fraudulent, or involves the sale of counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonates another person;
(x) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept, or expropriate any system, data, or personal information;
(y) 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;
(z) shall not be false, inaccurate, or misleading;
(aa) shall not, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;
(ab) shall not create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.
2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content, in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website 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) provided by the Website.
5. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name, or domain name used by us, including the terms IDprop, IDprop.com, Designomix, Designomics or otherwise engage in any conduct or action that might tarnish the image or reputation of Designomix or sellers on the platform or otherwise tarnish or dilute any Designomix trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or 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 Website or Designomix’s systems, networks, or any systems or networks connected to Designomix.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of Designomix and/or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules there under as applicable and 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 items 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. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
11. From time to time you shall be responsible for providing information relating to the items 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 items or services so as to mislead other users on the website in any manner.
12. You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website or us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of the ToU to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. 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 seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation, response to a lawful court order or subpoena. In addition, we can (and youhereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at 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 material posted on the Website. Designomix shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Designomix’s views. In no event shall Designomix assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content 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, tortious, or otherwise unlawful information.
13. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, 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 Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
15. Designomix 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 (denial of service) / DDoS (Distributed Denial of Services).
As a registered seller, you may list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Website. 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 items must be listed in an appropriate category on the Website. 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 amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Designomix reserves the right to delete such multiple listings of the same product listed by you in various categories.
The shipment of order received by the seller will be sole liability of the seller. The seller will have to ensure the order is being shipped and delivered to the customer on time and in order by bearing all the expenses so related.
Designomix may provide support to the seller by providing the services of ‘Logistic Partner’ which shall mean a logistic service provider approved by Designomix Infotech Private Limited. Such support of Logistic Partner will be governed by following terms:
Content Posted on the Website
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and Designomix has no control over such third-party generated content as Designomix is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Website and 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, website or other medium for publication, distribution or any commercial enterprise without Designomix’s prior written consent.
You may use the information on the products and services purposely made available on the Website for downloading provided 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 to any media;
(3) make no modifications to any such information; and
(4) do not make any additional representations or warranties relating to such documents.
Designomix grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by IDprop" and/or “IDprop.com” name and/or logo on seller’s invoice for transactions concluded on the Website. Further, Designomix grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “IDprop.com” name and/or logo on packing material used by Seller for delivery of Products sold on the Website.
Types of Sellers
In case of multiple sellers selling same product, the preferred seller is one who is shown at the top of the sellers’ list. This is computed based on the following parameters:
-- defect rate (calculated based on the total number of cancellations, returns, disputes, and poor ratings for a seller); and
-- Time elapsed since last successful sale (it is applicable to only those sellers who have successfully completed 30 orders)
-- or such other parameters as may be specified from time to time
Sellers trusted by Designomix to sell may have a Designomix trusted-seller badge associated with them. Sellers may become eligible if they meet the following criterion -- less than 5% defect rate consistently for more than 6 months or such other parameters as may be specified from time to time
Certified sellers on Designomix may have exclusive features like ‘Wallet’, ‘Store credit’, ‘Gift card’, and more. Sellers may become eligible if they meet the following criteria:
-- less than 5% of defect rate consistently for more than 6 months; and
-- selling in all the categories listed on Designomix;
-- or such other parameters as may be specified from time to time.
The final call on trusted and certified sellers is Designomix’s sole discretion
1. 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 sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Designomix liable or responsible for 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 the Website.
2. You have specifically authorized Designomix or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Designomix is on a principal to principal basis and by accepting the ToU, you agree that Designomix 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 Website and paid for by using the payment facility. Designomix does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by Designomix is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment through cash on delivery (CoD), collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Designomix neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories.
Payment Facility for Sellers:
• You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the policies to ensure that the products and/or services are delivered in a timely manner. Further, seller will solely be responsible for undertaking transit insurance for products sold on the Website. For avoidance of doubt, Designomix will not be responsible for undertaking any insurance(s) for products sold by sellers on the Website. It is hereby clarified and agreed by the seller that Designomix is merely a facilitator so far logistic services are concerned and logistic services are provided by the Logistic Partner. Further as and when the goods are shipped through such Logistic Partner, seller shall enter into a bi-partite contract with the Logistic Partner and Designomix shall not be a party to such contract / transaction and all rights / liabilities / obligations with respect to such logistic services shall be between Seller and Logistic Partner.
• A seller shall provide dispatch details to Designomix in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
• A seller shall dispatch the products and/or services using only an approved deliverychannel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of twelve (12) months from the date of dispatch. The PoDs should be furnished to Designomix on demand within the time frame as notified from time to time.
• A seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
• In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and which may lead to suspension and/or termination of seller account.
• A seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) a buyer confirms the delivery of products and/or services in the transaction;
b) a buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
c) a buyer’s refund claim is rejected by Designomix due to any breach of the ToU, policies, and any applicable law;
d) remittances to a seller (after deduction of commissions at applicable rates) for successful transactions under promotional offers [PO] may be made in multiple transactions through its bank accounts and would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).
Remittances to a seller for CoD transactions (after deduction of commissions at applicable rates) shall be made through cheque/demand draft or online bank transfer which may be in multiple transactions through its bank accounts;
[PO] Promotional offers are marketing activities as part of which buyers are offered discounts or free products provided they meet the offer criteria. These could be referred to under the Designomix Promotions section on the Seller portal.
e) Transaction Timelines: Transaction on the Website shall be deemed to be complete only once the following action items are concluded by the respective parties as detailed below: Action Item Days
Seller to procure and ship the product(s) sold
1 - 21 days
Logistics partner to ship and deliver the product(s) sold (post step 1)
2 - 7 days
Buyer to confirm (post step 2)
1 - 45 days
Exemptions to the above-listed timelines:
Once the transaction is completed as stated above, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
Remittances to a seller for CoD transactions shall be made through cheque/ demand draft or online bank transfer to the seller’s bank account in accordance with above said transaction timelines prescribed in clause (e) hereinabove
Prepaid Payment Instruments
Designomix may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Website to users. Any purchases by Buyers on the Website using the prepaid instruments shall be governed by the following terms and conditions:
In case sellers have any queries/concerns, they are advised to contact Designomix within the time frame agreed upon in their contracts with Designomix.
Registration on the Website is free. Designomix does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Designomix reserves the right to change its fee policy from time to time. In particular, Designomix may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Designomix 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 Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Designomix. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Designomix.
Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
Rules for Express Remittance for Qualified Sellers
1. A seller agrees that Designomix may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Designomix, at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that Designomix reserves the right to withdraw Express Remittance at any time for any violation of the ToU or Designomix’s policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by Designomix from time to time.
2. A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, a seller shall ensure that invoices state ‘Powered by Designomix’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
3. In case of any chargebacks levied by the bank, Designomix shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Designomix shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Designomix has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Designomix to the Seller.
4. Designomix may delay notifying the payment confirmation, i.e. informing seller to dispatch if Designomix deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Designomix may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Sellers and buyers acknowledge that Designomix will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Designomix. 6. Designomix shall make payments into the bank account provided by a seller during the seller registration process. Once Designomix has made payments into such a bank account number, Designomix shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Compliance with Laws:
7. 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 Designomix Website.
8. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports 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 a seller buyer and the respective issuing bank.
The ‘Wallet’ is a prepaid payment instrument which is associated with your account. You can maintain a balance of money with buyers (if permitted) and redeem it at your convenience. Please note that you will be the issuer of Wallet and you shall be responsible for redeeming the money lying in buyer’s Wallet account and Designomix does not assume any risk, liability or responsibility with respect to Wallet money. You will not pay any interest on the amount maintained by a buyer in the seller-specific Wallet.
Refund of Wallet Amount
Wallet comprises three types of balances – store credit (which is a credit granted by us typically in lieu of a cancelled order), topped-up balance (which is a prepaid amount that a buyer adds to the Wallet to pay for future orders on the Website) and promotional balance (which is a credit granted by us purely for promotional or goodwill purposes). Topped-up balance as well as promotional balance added to the Wallet will be non-refundable, while store credit will continue to be entirely refundable.
Designomix does not warrant that product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:
2. if we are unable to verify or authenticate any information you provide; or
3. if it is believed that your actions may cause legal liability for you, other users, or us.
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