Terms and Conditions
This document is an electronic
record in terms of Information Technology Act, 2000 and rules there under
as applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any
physical or digital signatures.
This document is published in
accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules and
This User Agreement contains rules and regulations, policies
and terms and conditions and agreement applicable to any person who may access
or use vastravinod.com, including any sub domains, webpage or extension of vastravinod.com
(Website) and you here by agree and acknowledge to be bound by the terms
of this User Agreement.
The use of vastravinod.com and the services provided are
subject to the rules and regulations, policies, notices, terms and conditions
set forth in this User Agreement. For the purposes of this User Agreement, \'User\' and
wherever the context may require \'You\' (or any variation
thereof), shall mean any natural or legal person who has agreed to become a
user of the Website by accessing or browsing the Website and/or has registered
as a member of the Website by submitting identification information/ registration
details using the computer system of this Website and Accepting the electronic
record of the User Agreement and has obtained a unique username and a secret
alpha-numerical key (password) for using the Website.
Vastra Vinod reserves the right to change this Website and/or alter the terms
and conditions of this User Agreement at any time and retains the right to deny
access to anyone who the Company believes has violated the provisions of this
User Agreement. You are advised that any amendment to the User Agreement or
rules and policies incorporated herein by reference will only be notified on
the Website on publicly accessible links and you agree by accessing, browsing
or using this website that this constitutes sufficient notice for all purposes
against you. The revised version/ terms shall be effective from the time that
the Company posts the same on the Website. [In the event, that the User
Agreement includes a substantial change, the Company will provide 30 days\'
prior notice of such substantial change by posting the same on the Website and
also at the email address provided by the User to the Company. For the purposes
of this User Agreement, \'substantial change\' means a change to the terms of
this User Agreement that reduces your rights or increases your
Payment on Billing shall
mean a Transaction where the payment for the items purchased is paid through
the (i) PayPal Facility or (ii) the buyer (if permitted by the relevant seller)
has opted to deposit the Transaction Price in the bank account of the Company
by way of cash, cheque, demand draft or any other mode of payment and such
payment of the Transaction Price is credited to the bank account of the Company
within  days of booking the Transaction.
Payment on Delivery shall
mean a Transaction where the payment for the items is collected from the buyer
by the Logistics Partner at the time of delivering the goods. In this case, the
Buyer shall only make payment in cash and no other mode of payment will be
accepted. However, this facility is available only in limited cities in India
and the Company in its sole discretion and without notice, reserves the right
to add or withdraw the cities in which such option may be available. This
facility shall not be available for Delivery of items outside India.
Delivery / Delivered means
physical delivery of the items to the buyer (for which a Transaction Price has
been paid by the buyer by Payment on Billing or the buyer has opted for Payment
on Delivery, or such other mode of payment approved by the Company) by the
seller through a reputed courier service or by the Logistics Partner at the
address communicated by the buyer on the Website.
Dispatch/ Dispatched shall
mean that the items (for which a Transaction Price has been paid by the buyer
by Payment on Billing or the buyer has opted for Payment on Delivery, or such
other mode of payment approved by the Company) have been dispatched by the
seller through a reputed courier service or by the Logistics Partner at the
address communicated by the buyer on the Website.
Dispatch Details means
the true, accurate and valid data, information, details or documents as
specified by the Company from time to time, which the seller/ Logistics Partner
is obligated to provide to the Company [on the Website] as proof that the item
has been Dispatched and/or Delivered, as the case maybe.
and shall include any confidential and/or personally identifiable information
or other information provided to the Company or other Users of the Website at
the time of registration with the Website, buying or listing process or through
any email feature and shall include without limitation your name, email
address, billing/shipping address, phone number and banking / financial
Issuing Bank in
respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/
cash card) to the buyer or the branch of a bank which maintains a Valid Bank
Account in the name of buyer; with which the buyer makes payment of the
Transaction Price. [Currently, PayPal Facility supports online bank transfers
from the banks that are available while selecting the PayPal Facility as the
payment method. The Company may add or remove or suspend any one or more banks
directly or through any payment gateway facilitators, and such change shall
come into effect upon the same being posted on the Website.]
every electronically generated valid purchase order placed by the Buyer for
purchasing the items listed by the Seller on the Website.
Transaction Price means
the price to be paid for the items to be purchased by the buyer for every
Transaction and which price shall include, if applicable, the shipping charges,
insurance charges and all other taxes, duties, costs, charges and expenses in
respect thereof as charged by the seller.
Valid Card means
any valid credit card/ valid debit card/ valid cash card or any other card of
what so ever nature issued by Visa or MasterCard and/or by any Issuing Bank or
any institution designated to issue such cards and lawfully owned by the User
of the card at the time of the Transaction as well as at the time of Refund, if
Valid Bank Account shall
mean a valid and operational bank account in the name of the User of which the
User is the rightful and legal owner having the ability to issue cheques/
demand drafts and make deposits, which in respect of the buyer shall be
referred to as the Buyer Bank Account and in respect of the
Seller be referred to as the Seller Bank Account. [Both the Buyer
Bank Account and Seller Bank Account are required to be with a branch of a
nationalized bank as per applicable Indian laws or other banks which are
registered with or approved by Reserve Bank of India and such branch and/or
account of the Buyer and Seller supports Reserve Bank of India’s electronic /
online banking system including, without limitation, National Electronic Funds
Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
PayPal Facility means
the automated electronic payment or collection and remittance facility provided
by the Company to Buyers and Sellers to facilitate purchase and sale of items
and making payments there for on the Website directly through banks or
financial institution infrastructure or indirectly through payment gateway
facility providers or through any such facility authorized by the Reserve Bank
of India to provide enabling support facility for collection and remittance of
payment. [Currently, PayPal Facility supports online bank transfers from the
banks that are available while selecting the PayPal Facility as the payment
method. The Company may add or remove or suspend any one or more banks directly
or through any payment gateway facilitators and such change shall come into
effect upon the same being posted on the Website.]
This Website may only be used or accessed by such 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 minors, persons of unsound mind, and undercharged
insolvents are not eligible to use the Website. A minor is not allowed to
access or register as a User or sell or purchase any items on the Website.
If you represent and are registering as a business entity,
by accepting the User Agreement you represent that such entity has sufficient
authority under applicable law to enter into the User Agreement and you are
duly authorized by the business entity to accept this User Agreement and you
have the authority to bind that business entity to this User Agreement.
Registration and Communication
You are solely responsible for maintaining secrecy and confidentiality of your
username and password. You hereby acknowledge and accept that the website will
grant access to any person who has obtained your username and password in the
same manner as it would have granted access to you and you are responsible for
all activities conducted under your username and password. The Company, its
employees or associates will not be responsible in any manner for losses
occurring from such breach of secrecy of your username and password.
You agree to provide true, accurate and complete information
while registering or for any other purpose when prompted to do so on the
Website. You are prohibited from misrepresenting your identity and agree not to
represent yourself as another User or login/ register using the identity of any
other person. You are responsible to maintain and promptly update the
information provided while registering or for any other purpose on the Website
to ensure that the information provided by you is true, accurate, current and
complete at all times. If you provide any information that is untrue,
inaccurate, not current or incomplete or the Company has reasonable grounds to
deduce that such information is untrue, inaccurate, not current or incomplete,
or not in accordance with this User Agreement, the Company reserves the rights
to indefinitely suspend or terminate or block your use or access to the Website
in any manner whatsoever.
You understand and agree that the Company and the Website
merely provide hosting services to its Users who access the Website for
purchase and sale of unique Indian products (that are permitted to be bought
and sold under applicable law). All items advertised and/or listed on the
Website and the contents there in are advertised and listed by Users and are
third party purchasers and/or sellers as the case may be. You also give
permission to the Website and the Company to store details and records of your
usage of the Website indefinitely. However, this does not constitute any
obligation on the part of the Company or the Website to do so.
Currently the membership on the Website is free and the
Company does not levy any charges/fees for browsing or buying on the Website.
However, for the purposes of listing any item on the Website to be sold or
availing other services provided by the Company through the Website such as
packing, warehousing, courier etc. The Company reserves the right to introduce
new services or modify the existing services provided on the Website.
Additionally, the Company at its sole discretion may introduce fees for the new
services provided or amend/ introduce fees for the existing services, as the
case may be. Changes to the User Agreement or any of the rules and policies of
the Company shall be posted on the Website and such changes shall automatically
become effective immediately after they are posted on the Website.
All fees/ charges shall be quoted in Indian Rupees and shall
be payable to Vastra Vinod within such time as specified in the invoice. You
are responsible for paying all charges/ fees associated with the use of the
Website and shall be liable to pay any and all applicable taxes, charges, cases
etc. which may be levied. In case of any non- payment, the Company reserves the
right to issue a warning or temporarily/ indefinitely suspend or terminate your
membership with the Website and disallow access to the Website. The Company
also reserves the right to take any legal action against you in case of any
non- payment of charges/fees to the Company.
You agree that the Company may appoint any third party
service provider, including but not restricted to one or more of the Company\'s
affiliate to provide backend operations and support as instructed by the
Company from time to time including but not limited to collection, processing
and remittance of the Transaction Price using the existing authorized banking
infrastructure to provide enabling support facility for collection and
remittance of payment including but not limited to the Logistics Partner.
The Company neither originates nor transmits any
communication/ information on behalf of any User nor does it modify the
contents of any communication transmitted. The Company has no control over
third parties and contents generated by the Users on the Website.
Any information provided by you to the Company or submit on
the Website or provide or display to other Users of the Website in the
registration, buying or listing process, in the feedback area or through any
e-mail communication is solely your responsibility and the Company or the
Website merely is a platform where such information is distributed, published,
displayed or used by Users. The Company or the Website is not liable for
accuracy, appropriateness or legality of such information.
All contractual terms of the manner and terms and conditions
of delivery, payment, insurance etc. between the buyer and the seller shall be
independently agreed with the other users of the Website that you may transact
You will treat the Website as a mere passive conduit which
is used as a platform by Users to create listings or provide information for
the purpose of selling their items so that such information can be discovered
and read by other Users of the Website who may wish to purchase such items from
other Users or provide feedback on items they have purchased or sellers who
have sold any item to them.
You shall not, either alone or in conjunction with other users,
manipulate or attempt to manipulate the prices of any item being sold or
purchased on the Website. You will also refrain from accessing information or
databases in an unauthorized manner from the Website or servers where
information or databases are kept.
You shall not attempt to or circumvent or manipulate any of
the obligations conferred on you by this User Agreement. If such attempt is
discovered, it will constitute sufficient ground for termination of access to
the Website and also for taking appropriate legal action.
In case of any transaction or attempted transaction
pertaining to any item listed on the Website which is violative of this User
Agreement or applicable laws comes to your knowledge, you shall forthwith take
all steps to inform the Company of such violation at email@example.com
If you choose to provide feedback on the Website which is
visible to other users, you shall exercise due care while making comments and
not make any comments that are not factual in nature and shall not post
defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User\'s
Information to a third party, or use the Information for any unauthorized
purpose including for the purposes of marketing unless you have obtained the
User\'s express consent to do so.
You shall not place any advertisements on the Website in any
manner. Further, you shall not use the Website to promote your own or any other
persons business or interests on the Website except for providing description
on a listing for a specific item, unless permitted by the Company in writing.
Limited liability of the Company
In no event shall the Company or its suppliers, affiliates
and service providers be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses arising (in any
manner whatsoever, including but not limited to negligence) out of or in
connection with the Website, the PayPal Facility, services provided by the
Logistics Partner or any other services or this User Agreement.
The Company liability in any circumstance is limited to the
amount of charges/ fees, if any, paid by you to the Company. The Company, its
associates, affiliates and service providers and technology partners make no
representations or warranties about the accuracy, reliability, completeness,
and/or timeliness of any content, information, software, text, graphics, links
or communications provided on or through the use of the Website or that the
operation of the Website or the Logistics Partner or PayPal Facility will be
error free and/or uninterrupted. The Company provides no guarantee to its Users
in respect of the products sold on the Website. Consequently, the Company
assumes no liability whatsoever for any monetary or other damage suffered by
you on account of:
The delay, failure, interruption, or corruption of any data
or other information transmitted in connection with use of the Website or PayPal
Any delay, failure, interruption or errors in the operation
of the Website or the Logistics Partner or PayPal Facility.
You shall indemnify and hold harmless the Company and the
Company\'s parent, subsidiaries, affiliates, third-parties and their respective
officers, directors, agents, and employees, from any claim or demand, or
actions including reasonable attorneys\' fees, made by any third party or
penalty imposed due to or arising out of your breach of the User Agreement
including the rules and policies incorporated herein by reference, or (ii) your
violation of any law, rules or regulations or the rights of a third party.
Payments for the items on the Website, at the option of the
relevant seller, can be made by way of (i) Payment on Billing which can be made
through the PayPal Facility or by depositing cash, cheque, demand draft in the
bank account of the Company; or (ii) Payment on Delivery wherein payment shall
be made only by cash on delivery, or such other method of payment as may be
permitted by the Company on the Website in its sole discretion.
You acknowledge and accept that you have specifically
authorized the Company to collect, process, facilitate and remit payments and/
or the Transaction Price by any of the prescribed methods of payment through
Payment on Billing or Payment on Delivery to and from other Users in respect of
In order to enable Users to carry out transactions on the
Website, the Company will in addition to other methods of payment provide an
electronic payment facility i.e. PayPal Facility by VISA on the Website. The PayPal
Facility enables automated collection and remittance services using the
facilities of various Indian banks, financial institutions, credit/ debit/ cash
card brands, various third party service providers and/or payment card industry
issuers and through such other infrastructure and facilities as may be
authorized by the Reserve Bank of India for collection, refund and remittance,
as the case may be. The PayPal Facility shall be availed in accordance with the
terms of this User Agreement and the rules and policies prescribed hereunder.
By using the Website and/or by providing your information,
you consent to the collection and use of such information disclosed by you on
the Website on the PayPal Facility, by the Company. The personal information /
data including but not limited to the Information provided by the You to the
Website/ PayPal Facility during the course of a Transaction shall be treated as
reference and applicable laws and regulations including but not limited to
Information Technology Act, 2000 and rules there under. The Company does not
sell or rent or otherwise disclose your personal information to third parties
for their marketing purposes without your explicit consent and the Company only
being transferred or used in this way please do not use the Website.
If any dispute arises between you and the Company during
your use of the Website or the PayPal Facility or VISA Services or any service
incidental to the Website or thereafter, in connection with the validity,
interpretation, implementation or alleged breach of any provision of the User
Agreement and/or PayPal Agreement, or the rules, policies and documents
incorporated therein by reference, the dispute shall be referred to a sole
arbitrator who shall be an independent and neutral third party identified by the
Company whose decision shall be final.
This document is an electronic record in terms of
Information Technology Act, 2000 and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
Act, 2000. This electronic record is generated by a computer system and does
not require any physical or digital signatures.