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TERMS AND CONDITIONS

Eligibility

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 undischarged 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.

Seller Registration

To be eligible to sell items on the Website, the User is required to separately register with the Artoreal.com's Seller Registration Page on the Website. The seller shall provide complete details of the Seller Bank Account as a part of the Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account.

POLICY FOR SELLERS

Seller Registration

A User who wishes to sell items on the Website shall register with Artoreal.com by providing the requisite information/data on the Artoreal.com’s Seller Registration Page including details of the seller’s Valid Bank Account. The seller shall provide true, correct and duly authorized data/information which shall not be misleading, fraudulent, false, unauthorized and/or otherwise illegal. Seventh August IT Services Private Limited (hereinafter referred to as the “Company” shall have right to suspend/terminate the Registration and use of its’ website by any seller if the Company discovers or it is brought to the Company's notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall be liable for all liabilities, risks, damages and consequences that may arise.

 

Invoicing, Shipping & Product Liabilities

The Company shall act as mere facilitator and provide market place platform and provide marketplace services to sellers and shall charge facilitation fees for the same.In case of Original Artwork (Physical Goods) - The seller will dispatch the item to the buyer immediately after receiving the order. The cost of shipment, handling, insurance, etc., will be assumed to be a part of the price given by the seller. The Company will also generate an invoice on behalf of the seller to the buyer and send the same through email to the buyer. For the above case, after the product is sold by the seller to the buyer and delivered by seller’s logistics partner, the Company shall deduct its facilitation fee, any taxes whatsoever and pass on the remaining amount to the seller.

In case of Print & Frame products, when the buyer selects and orders a print and/or frame of a particular artwork, the buyer is placing the order directly on the seller (the printing & framing seller). The Company is only providing a platform for this transaction to be notified to the sellers. Once the printing & framing is done, the Company will check the quality of printing & framing and the same will be shipped to the buyer through seller’s logistic partner. Please note that the Company is only providing a service of consultation to the seller, printer and framing services provider and charging a facilitation fee towards these services. The Company will also generate an invoice on behalf of the sellers to the buyer and send the same with the product. For the above after the product is sold by the seller to the buyer and delivered by seller’s logistic partner, the Company shall deduct its facilitation fee, any taxes whatsoever and pass on the remaining amount to the seller as per the product. The seller shall be entirely responsible for providing art pricing, shipping including payment of all applicable taxes such as VAT, CST, LBT or any other taxes for their shipment to the Company. It is further agreed that any and/or all liabilities that may arise from use, consumption, quality of goods to be sold, deficiency in service, damage, loss or any incidental matters arising therefrom, shall be borne solely by the respective seller and the Company shall not be responsible in any way for the same under any circumstances whatsoever.

Hold, Suspend or Termination of Seller Registration

In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement by the seller, the Company may, at its sole discretion, suspend and/or terminate Seller Registration or may put the remittances on hold with respect to such seller. The Company may reinstate or activate seller’s Seller Registration or remit the Transaction Price to seller subject to the seller mandatorily providing such information, data, documents and agreeing to undergo such verification as may be desired by the Company and as provided in the User Agreement or the rules and polices made thereunder. Seller’s Registration is subject to the seller remaining an active User of the Website.

Upon identifying or being notified by any person or by law enforcement agency that the seller has violated any law in the performance of the Transaction, the Company may immediately suspend the Seller’s Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.

Know Your Customer (KYC) Documentation of Seller

At the time of Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from seller and further usage of the Website shall be subject to seller’s submission of KYC Documents. 'KYC Documents' shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the seller’s Bank Account provided by seller at the time of registration with Artoreal.com or at any subsequent date.

The Company may seek KYC Documents from the seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.

Charges Applicable to Sellers

The Company shall levy facilitation fees(for acting as a facilitator to sell on the Website) to the sellers in accordance with Annex 2 incorporated herein by reference. The Company will provide the seller with an invoice reflecting the facilitation fee on a monthly basis.

The Company reserves the right to change the Facilitation Fee Structure and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website. Any such changes shall be effective from the time that the Company posts the same on the Website.

The seller shall be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cess and surcharges etc., levied thereon. The seller shall pay/remit the appropriate charges to the Company or the Company will deduct such charges from the Transaction Price to be remitted to the seller. The Company shall issue invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the seller irrespective of any charge back, refund or non-fulfilment of the Transaction.

The Company reserves the right to set minimum and maximum transaction limits, on the Website as it may determine for the safety of its Users.

Listing

All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and no choices whatsoever (such as colour, size, etc.,) shall be provided to the buyer. If the artwork comes in different colour or sizes, the seller should have a separate listing for artworks belonging to different colours and sizes. The Seller shall not list and propose to sell any item on the Website as mentioned in the list of Restricted Items set out in Annex 1 hereto.

All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the seller who is listing the item. The seller hereby agrees that he/she/it shall not list an item if he/she/it is not in a position to dispatch it immediately within two (2) days of receiving the order.

The seller shall not make any listing in the nature of 'wanted advertisements' that do not offer to sell an item but invites Users to make an offer for sale of any item.

The seller shall also not make any offer, either online or offline, or by making another listing on a different website, to sell an item once he/she/it has made a listing with respect to such an item on the Website. The seller will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances the seller will attempt to divert any User through his/her/its listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.

The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or in violation of any applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting, the Company will take best efforts to remove such listing at its sole discretion, within seven (7) days of receiving such reporting.

No Infringement of Intellectual Property of Company and Third Parties

The seller must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by the seller in the form of text descriptions, graphics and pictures, audio or videos that describe item for sale. Seller agrees that use of logos or trademark owned by a third party or manufacturer can lead to infringement of intellectual property rights of such third party. In such case, seller will be solely responsible for listing and use of such trademark or intellectual property on the Website, and shall hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. Seller further agrees that under no circumstances, he/she/they/it shall use brand names or trademarks of Company or any other person, not owned by him/her/them unless the manufacturer or producer permits the seller to use such Brand/Trademark in compliance of prescribed procedure of the concerned Trademarks Registry. Seller shall not represent to any User or third party, in any manner, about affiliation or association with the Website or the Company or claim any right to represent the Website or the Company.

Appropriate Description in Listing

Seller shall be responsible for providing information relating to the items offered to be sold by seller on the Website. The seller undertakes that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. Seller shall not exaggerate or over emphasize the attributes of any items seller propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, seller agree to refund any amounts that seller may have received from the buyer. The seller agrees not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. Seller shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in seller’s listing.

Seller shall not provide any information such as a catalogue of seller’s items in seller’s listing or on the items or packaging thereof which will enable a buyer to contact seller outside the Website to buy such item directly from seller instead of buying it from the listing on the Website. Seller shall not solicit Users to send seller payments by any method not approved or provided for on the Website by the Company.

Any image used in the listing must be of the actual item proposed to be sold on the website and shall not copy images from other listings available on the Website.

Seller cannot disclaim any liability including liability with respect to authenticity, merchantability of items that he/she offer to sell on the Website.

Seller shall not endorse any item other than that being listed by seller anywhere in the Website. Seller agrees not to provide any description in any listing made by him/her in any manner that suggests he/she is/are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless he/she is/are the manufacturer or producer, or he/she have obtained a written permission or entered into an agreement with such manufacturer or producer under which he/she is entitled to represent as such.

Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made thereunder that apply to the main item shall apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.

Categories

If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.

Method of Payment

Seller agrees to accept the payment method prescribed by the Company. The Company reserves the right to change the method of payment after providing due notice to the affected parties.

Absolute Sale

Seller represents and confirms that he/she be the sole and exclusive legal owner of all items of any description that he/she proposed to be offered for sale on the Website. Seller shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by him/her on the Website. If it comes to seller’s knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or this User Agreement or applicable laws, he/she shall take all steps to inform the Company of the same forthwith.

Unfair Consumer Practice

Seller shall not engage under any circumstances whatsoever in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986, as amended from time to time.

Feedback

Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, he/she accept that such reviews and rating may be adverse to his/her business, economic and other interests including reputation. Seller hereby relinquish any right he/she may have to take legal or any other action against persons who have provided such reviews/ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling seller’s items.

Non-payment

The Company reserves the right to issue a warning, temporarily/ indefinitely suspend or terminate seller’s membership of the Website and refuse to provide seller with access to the Website in case of non-payment of Facilitation Fee or any other fees payable by seller to the Company. The Company also reserves the right to take legal action in case of such non-payment.

International Trading

It will be solely the seller’s responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If seller list any item that is in violation of the applicable laws, he/she shall be liable to make good any loss suffered or cost borne by the Website, the Company or other Users who rely on such listing including reimbursement of any service charges incurred towards the payment gateway facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. Seller shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be delivered. Sellers are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.

Refusal to Sell

Once any User confirms a purchase of artwork uploaded by seller by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. Seller cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed.

Pricing

The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which may be charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/exchange rate shall be borne by the buyer.

Buyer Satisfaction

Seller hereby accepts the obligation to ensure high level of buyer satisfaction. In case of not meeting this requirement, the Company may at its sole discretion cancel seller’s listing, place limits on availability of services and facilities, suspend seller’s account, demand a security deposit for future listings or continue seller’s listings, impose higher fees and additional charges for permitting seller to continue using the Website for listing and selling items. Seller may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.

Ending of Listing

The seller understands and agrees that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within thirty (30) days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit.

Payment Confirmation

Subject to payment by Payment Gateway at the time of Billing, upon successful receipt of the Transaction Price by the Company from the Buyer and completion of verification of payment, the Company shall notify the buyer and the seller that the Transaction Price has been received.

Rules for Dispatch

The seller is required to Dispatch the items for every Transaction to the Company within two [2] days from the receipt of order.

  • Seller can use any Logistics Supplier(s) with which they feel comfortable
  • The proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by seller for period of nine [9] months from the date of the Dispatch. The PODs should be furnished to the Company on demand within the timeframe as notified from time to time.
  • Seller agrees that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.
  • If the seller fails to provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to suspension and/or termination of seller’s registration and/or any consequent actions as specified in the User Agreement.

Dispatch Details

The seller shall provide the Dispatch Details to the Company within three [3] days from the receiving of order. If the seller fails to provide the Dispatch Details within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer.

Delivery

Remittance to sellers: The seller agrees that the Transaction Price paid by a buyer shall be remitted to seller’s Bank Account on 1st and 16th of every month except bank holidays contingent upon the following events:

  • For all the deliveries which status stands “Completed” as on 1st and 16th of every month.
  • Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within seven [7] days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by seller to the buyer
  • Buyer does not raise a refund claim within seven [7] days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law

The Company reserves the right to keep on hold the remittance to the seller for purposes of safety of its Users. In such case, the seller will be intimated and required to complete additional check and verification and the Company may contact the seller for verification of or additional information, details, data and documents. The Company reserves the right to refund the Transaction Price that may be kept on hold to the buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.

Remittances to the seller for their successful Transactions would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide Circular bearing No. RBI/2009-10/231 dated 24 November, 2009, or any amendment thereof from time to time.

Warranties and Undertakings

Seller warrants and undertakes that:

  • All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website does not in any way becomes a party to the contract for the sale of the item.
  • Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.
  • In the event that:
    • the seller fails to Deliver within the time prescribed; or
    • the seller sells or Delivers any illegal, prohibited or counterfeit items; or
    • the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
    • there is any dispute between seller and the buyer relating to the Transaction, or
    • the use of a Valid Card or Valid Bank Account by a buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
    • the buyer claims a refund of or charges back the Transaction Price,
    • The Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within seven (7) days of receipt of a notice to that effect from the Company, the seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
  • Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act of commission or omission on seller’s part while entering into and performing the contract with the buyers or doing a transaction through the website Artoreal.com.
  • In the event that any Transaction Price remitted to seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be seller’s financial responsibility and the Company shall have the right to recover any such amounts from the seller in the manner provided herein above without any hindrance/protest.
  • Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.

Seller verification and refund to Buyers

The seller authorises the Company to perform certain checks before remitting the Transaction Price to the seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the seller’s Valid Bank Account and require seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:

  • If the seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
  • If the verification documents submitted are invalid, tampered or forged; or
  • If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or
  • If the seller has not Dispatched the items using a recognized dispatch channel but used any other means; or
  • If seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or
  • If the seller has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
  • If the seller has Dispatched an item different from the description mentioned on the Transaction, or
  • The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
  • In all the above cases the Company shall not be held liable for any loss incurred by the seller arising out of such refund.

Chargeback

A chargeback occurs when the card-holder disputes a charge on his credit/debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the seller by the Company. If no such amount is payable, the Company may demand such amount to be paid forthwith by the seller. The seller will be notified of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such chargeback in respect of the Transaction, which the Company is required to pay, the seller will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.

Data Retention

The Company will retain personal information in accordance with the privacy polices posted on the Website and any and/or all applicable laws.

ANNEX 1

LIST OF RESTRICTED ITEMS

  • Alcohol which includes alcoholic beverages such as beer, liquor, wine or champagne
  • Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
  • Body parts which includes organs or other body parts
  • Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
  • Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
  • Child pornography which includes pornographic materials involving minors
  • Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
  • Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
  • Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
  • Counterfeit and unauthorized goods which includes 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
  • Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
  • Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
  • Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
  • Gaming/Gambling which includes lottery tickets sports bets, memberships/enrolment/ online gambling sites, and related content
  • Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
  • Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software's, servers websites, or other protected property
  • Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
  • Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
  • Offensive goods which includes literature, products or other material that:
  • Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
  • Encourage or incite violent acts
  • Promote intolerance or hatred
  • Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
  • Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.
  • Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
  • Regulated goods which includes air bags; batteries containing mercury; Freon or other 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
  • Securities which includes stocks, bonds, or related financial products
  • Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
  • Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
  • Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
  • Wholesale currency which includes discounted currencies or currency exchanges
  • Live animals or hides/skin/teeth, nails and other parts etc. of animals
  • Multi-level marketing collection fees
  • Matrix sites or sites using a matrix scheme approach
  • Work-at-home approach and/or work-at-home information
  • Drop-shipped merchandise
  • 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.
  • The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g., adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
  • Business or websites that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc.)
  • Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance)
  • The merchant who deal in intangible goods/services (e.g. software download/health/ beauty products), and business involving pyramid marketing schemes or get-rich-quick schemes. Any other product or service which in the sole opinion of the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
  • Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam)
  • Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services
  • Mailing lists

ANNEX 2

Facilitation Fees Structure-

  • The company shall charge 50% of artwork price as facilitation fee for Print & Frame category.
  • The company shall charge 20% of artwork price as facilitation fee for all products (Paintings, Sculpture, Home Decor, etc.) except Print & Frame category.