Terms and Conditions
Terms & Conditions
HoemtownShop.inis an online market place where members can buy and sell products made in India in their own shop setup. HometownShop.in is a project from HometownShop Technologies, Keshavpuram Delhi, India.
By using the HometownShop.in web site you agree to be bound by the following terms and conditions (“User Agreement”) including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, contributors of content, information and other materials or services on the Site.
Scope of these Terms & Conditions
The Terms & Conditions cover the contractual relationship between HometownShop (HtS) and members of HometownShop.in who use the services of HtS. These Terms & Conditions apply only to the accomplishment of contracts between members on the HometownShop.in online platform. The Terms & Conditions do not apply to any impairment of performance within the contractual relationship between members.
These Terms & Conditions come into effect when registering on HometownShop.in. By clicking on the “I Agree” button you agree to be bound by these Terms & Conditions.
You can recall your consent or cancel the contract between you and HtS in writing according to the Suspension, recall and cancellation regulations. Our seller services are not available to, and may not be used by, persons under the age of 18 years and persons who are not citizens of India.
Membership Eligibility and Registration
No registration is required if you use HometownShop.in to search products, shops or members. Member registration is required for a variety of features, functions and services such as adding to the products, shops and members, making comments, rating products, creating a shop/market, listing items, selling and buying items.
Registration as a member (Buyer) is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms & Conditions, a contract between HtS and you for the use of HometownShop.in is accomplished by default.
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 18. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms & Conditions.
You declare yourself willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and shop and profile generation, and to update this data as necessary.
You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User Name to any other person.
We reserve the right to delete accounts that have not completed the registration process, e.g. invalidated registrations.
Suspension, recall and cancellation
Without limiting other remedies, we may take the following actions without notice to you if you breach these Terms & Conditions or legal regulations or if we believe that your actions may cause us or our members financial loss or legal liability:
· Remove and delete any of your item listings or other content provided by you at HometownShop.in
· Limit your use of HometownShop.in
· Suspend or terminate your registration and refuse to provide our services to you
· HtS reserves the right to irrevocably suspend your registration and to refuse services to you without notice, if
· The feedback you received contains repeatedly negative ratings
· You provide false contact data, e.g. false or invalid email address, postal address, or payment data
· You transfer your Shop account to a third party or any other person. If you damage other members of HtS or abuse services of HometownShop.in For any other reason the management considers valid.
· HtS reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days.
· Suspended members are not permitted to use HometownShop.in and to create a new member account.
· You can cancel the User Agreement at any time in writing to HometownShop Technologies, B4/307C, Keshavpuram, delhi - 110035 or to it@HometownShop.in.
Listing and Selling
Registered members of HometownShop.in can create their personal shop on HometownShop.in. All items and offers of a member will be listed in this shop and/or sold must be in compliance with all applicable Laws for the time being in force in India.
Setting up a shop at HometownShop.in is free of charge. We don’t charge any transaction fee but charge only payment gateway fees for every successful sale from your shop through our site.
When setting up a shop at HometownShop.in you choose a shop name. The shop name can differ from your User Name. Your Shop Name shall not infringe any third party’s rights or be immoral. In such case HtS reserves the right to alter the shop name or to delete the shop.
Information provided by you in the course of setting up a shop shall be true, accurate and complete. You are obliged to update this data as necessary and to always provide up-to- date information.
Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer and completes the checkout process.
Items must be listed in an appropriate category. Your items and all terms of sale must be described with text description, graphics and pictures on the listing page of HometownShop.in.
You are responsible for ensuring that you have the right to use all content on your listing and that HtS has the right to host it on our servers. All content may only refer to the items listed on HtS and may not advertise goods not listed on HometownShop.in.
All information relevant to the purchase decision must be true, accurate and complete. All information related to payment, delivery and delivery time must be complete.
As a business person offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law.
All sellers are encouraged to outline shop policies for their shops and abide by these policies. These policies may include, for example, shipping, returns and exchange policies. All shop policies must comply with HtS's site-wide policies. HtS reserves the right to request that a seller modify a shop policy.
HtS reserves the right to unlist and delete items if an item infringes legal regulations, these Terms & Conditions or the principle and rules of HometownShop.in.
Order Shipment
Its sellersresposiblity to source, pick, pack and dispatch to the applicable addresses.
Seller will be solely responsible for the fulfillment of all the products that are uploaded and displayed on his shop page on the HtS website.
Seller will be solely responsible for accepting and processing returns of any Products and will communicate to customers all necessary information for the return of Products which are sold through his shop page on HtS website.
Seller will bear the risk and will be responsible for all loss of and/or damage of products at all times which are sold through his shop page on HtS website.
Restriction on Registration.
By registering under this Program, You represent that You are at least 18 years of age and agree that Your site shall not be engaged in any of the following activities:
Adult goods and services
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pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services
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Alcohol
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Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne
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Body parts
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organs or other body parts
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Bulk marketing tools
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email lists, software, or other products enabling unsolicited email messages (spam)
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Cable descramblers and black boxes
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devices intended to obtain cable and satellite signals for free
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Child pornography
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pornographic materials involving minors
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Copyright unlocking devices
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Mod chips or other devices designed to circumvent copyright protection
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Copyrighted media
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unauthorized copies of books, music, movies, and other licensed or protected materials
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Copyrighted software
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unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
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Counterfeit and unauthorized goods
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Replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods.
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Drugs and drug paraphernalia
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illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
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Drug test circumvention aids
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drug cleansing shakes, urine test additives, and related items
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Endangered species
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plants, animals or other organisms (including product derivatives) in danger of extinction
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Gaming/gambling
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lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content
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Government IDs or documents
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fake IDs, passports, diplomas, and noble titles
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Hacking and cracking materials
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manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property
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Illegal goods
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materials, products, or information promoting illegal goods or enabling illegal acts
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Miracle cures
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unsubstantiated cures, remedies or other items marketed as quick health fixes
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Offensive goods
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literature, products or other materials that: a)Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
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Offensive goods, crime
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crime scene photos or items, such as personal belongings, associated with criminals
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Prescription drugs or herbal drugs or any kind of online pharmacies
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drugs or other products requiring a prescription by a licensed medical practitioner
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Pyrotechnic devices and hazardous materials
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fireworks and related goods; toxic, flammable, and radioactive materials and substances
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Regulated goods
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air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
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Securities
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stocks, bonds, or related financial products
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Tobacco and cigarettes
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cigarettes, cigars, chewing tobacco, and related products
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Traffic devices
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radar detectors/jammers, license plate covers, traffic signal changers, and related products
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Weapons
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firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
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Wholesale currency
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discounted currencies or currency exchanges
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Live animals
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Multi-Level Marketing collection fees
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Matrix sites or sites using a matrix scheme approach
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Work-at-home information
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Drop-shipped merchandise
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Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India
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VAT and other taxes
VAT or other taxes applicable to the seller should be included in the price mentioned for the product. The seller will be responsible for paying the taxes for the sales in his/her shop.
Wherever the sales of a product needs a special government permit or any other documentations as applicable (in case of a b2b shipping to specific states, etc) the seller shall take the responsibility to obtain the same.
As a seller you shall not charge HtS fees to the buyer as extra charge. However you are free to price up your product accordingly!
Fees and billing
Becoming a member (Seller) of HometownShop.in is noy chargeable. HtS doesn’t charge fees for setting up a shop or for buying items.
HtS charges fees for listing an item for sale on HometownShop.in. If a purchase is made on HometownShop.in, HtS charges Transaction fees on the transaction made from the shop, to the seller.
Our transaction fees described in our Fee policy.
We may change this policy at any time, and any change will be effective after the expiry of 1 month following the date of posting the announcements board on the Site and notifying you via email. We may choose to temporarily change our Fees Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
Sellers are not allowed to bypass HtS fees.
Once the shipment reaches the buyer, the seller’s bank account will be credited with the price, minus HtS’s transaction fee.
Buying
By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a clear typographical error is made, or there if a seller defaults in any way with the product listed or in the delivery of the same.As buyer, you must ensure that you are legally able to buy any item that you purchase on the site.HtS is not responsible for the side effects one might endure by use of handmade cosmetics or toiletries available or any other product fault in the marketplace. Please consult a dermatologist/concern doctor before using the same. HtS recommends the buyer to look for other users’ testimonials before making the purchase decision.
HtS allows users, who comply with HtS's policies to offer, sell and buy goods within a fixed-price format. HtS takes all steps to ensure that the seller is genuine but cannot guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to this terms and conditions.
Testimonials and Ratings
User verification on the Internet is difficult, and HtS cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. The HtS testimonials and feedback system shall help users to evaluate the person with whom they are dealing, avoid fraud and guarantee quality. The feedback system consists of comments and ratings left by the buyer after a sales contract has been established between the two.
Members are obligated to give their testimonials and feedback in an explicitly true, faithful and objective manner and to give feedback only about details related to the respective purchase. Feedback shall not contain defamatory statements, shall be based upon facts and needs to be in accordance with legal regulations.
Users are not permitted to give feedback about oneself or arrange for third parties to give feedback. HtS reserves the right to delete feedback and ratings in the case that these infringe these Terms & Conditions or legal regulations.
Basic Terms
All activities of members while using HometownShop.in or any service provided by HtS shall be in accordance with legal regulations. Content provided by members on HometownShop.in shall not infringe legal regulations or these Terms & Conditions.
Your information and your activities must not:
1.be false, inaccurate or misleading;
2.be offensive or menacing, abusive, defamatory;
3.be obscene, indecent or contain child pornography;
4.infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
5.be fraudulent or involve the sale of counterfeit or stolen items;
6.be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti- discrimination, false advertising);
7.copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from HometownShop.in without the prior expressed written permission of HtS and the appropriate third party, as applicable.
8.create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other sellers or customers;
9.link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms & Conditions ;
10.Violate this Agreement or any other HtS policy or guidelines, or any applicable law, statute, ordinance or regulation.
11.add a HtS employee or a HtS user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure;
12.contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
13.cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of HometownShop.in is in any way impaired
14.not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission
15.be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including HtS staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
16.be obscene or contain pornography
17.host images not part of a listing
You must not list any item on HometownShop.in (or complete any transaction initiated using HometownShop.in) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law or our items policy.
To enable HtS to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your Information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law. The license described above shall terminate upon termination or cancellation of this User Agreement by either party.
Privacy
As part of a transaction, you may obtain personal information, including email address and shipping information, from another HtS user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for HtS-related communications. HtS has not granted you a license to use the information for unsolicited commercial messages.
More details are available in our private policy that forms part of this User Agreement.
Liability & Warranty
HtS is not liable for contracts formed between members of HometownShop.in.
HtS is not liable for information on HometownShop.in provided by its members. We claim no intellectual property rights over the material provide by members of HometownShop.in.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release HtS (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
HtS does not guarantee continuous, uninterrupted or secure access to our services, and operation of HometownShop.in may be interfered with by numerous factors outside of our control. HometownShop.in and the services of HtS are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance
Notices
Unless otherwise explicitly stated, notices to HtS must be sent by mail or email to HtS, B4/307C, Keshavpuram, Delhi, India or it@HometownShop.in. Notices to you will be sent to the email address provided by you during the registration process or by mail.
General
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. We reserve the right to alter these Terms & Conditions at any time. If the alterations constitute a material change to the Terms &Conditions , we will notify you via email according to the
preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
You agree that this User Agreement and all incorporated agreements may be automatically assigned by HtS, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and HtS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
This Agreement will prevail over any conditions of sale imposed by a seller. Our Privacy Statement, and Fees Policy are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice.
Governing Law and Jurisdiction:
This agreement shall be construed only in accordance with the laws of India. In respect of all, Claims, matters/disputes arising out of, in connection with or in relation to this Agreement, only the competent Courts at Delhi, New Delhi shall have exclusive jurisdiction. No other Court shall have jurisdiction to deal with any dispute or any matter between the parties arising out of this Agreement.
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