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- We know that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This Privacy Notice describes how we collect and process your personal information through INDIANSTORE.NL Marketplace websites, Apps, products, services, online and physical stores, and applications that reference this Privacy Notice (together “Marketplace“).
- Information we collect
- We collect your personal information in order to provide and continually improve our products and services.
Here are the types of information we gather:
Information you provide: We receive and store any information you provide to Marketplace through our website and/or the app. You can choose not to provide this information but then many of the INDIANSTORE.NL Marketplace services may not be available/operate correctly.
Automatic Information: When you use INDIANSTORE.NL Marketplace, we automatically receive and store certain types of information. This include details of your use, your interaction with content and services available through Marketplace.
Information from Other Sources: We might receive information about you from other sources.
- How we use your Personal Information?
- We process your personal information to operate, provide, and improve the Marketplace that we offer our customers. These purposes include:
- We use your personal information to take, handle and deliver orders, products and services, process payments, and communicate with you about orders, products and services, and promotional offers.
- We use your personal information to provide functionality, analyse performance, fix errors, and improve usability and effectiveness of the Marketplace.
- We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalise your experience with Marketplace.
- In certain cases, we have a legal obligation to collect and process your personal information. For instance, we collect from sellers2, information regarding place of establishment and bank account information for identity verification and other purposes.
- We use your personal information to communicate with you in relation to Marketplace via different channels (e.g., by phone, email, chat etc).
- We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. To learn more, please read our Interest Based Ads Notice.
- We process personal information to prevent and detect fraud and abuse in order to protect the security of our customers, INDIANSTORE.NL Marketplace, and others. We may also use scoring methods to assess and manage credit risks.
- We may also ask for your consent to process your personal information for a specific purpose that we communicate to you. When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop processing of your data for that purpose.
- What About Cookies?
- Does Marketplace Share Your Personal Information?
- Information about our customers is an important part of our business and we are not in the business of selling our customers personal information to others. Marketplace shares customers information only as described below and with subsidiaries and partners subject to this Privacy Notice.
Transactions involving Third Parties: We make available to you services, products, provided by third parties for use on or through Marketplace. For example, you can order products from third parties through our retail websites and App. You can tell when a third party is involved in your transactions and we share customer information related to those transactions with that third party.
Third Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by applicable data protection laws.
Business Transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Hi2Gift., or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Protection of Marketplace and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property or safety of INDIANSTORE.NL Marketplace, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
Other than as set out above, you will receive notice when personal information about you might be shared with third parties and you will have an opportunity to choose not to share the information.
- How Secure is Information About Me?
- We design our systems with your security and privacy in mind.
- We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software , which encrypts information you input.
- We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data.
- We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personal customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
- It is important for you to protect against unauthorised access to your password and to your computers, devices, and applications. Be sure to sign off when you finish using a shared computer.
- What About Third-Party Advertisers and Links to Other Websites?
- Marketplace may include third-party advertising and links to other websites and apps. Third party advertising partners may collect information about you when you interact with their content, advertising, and services. For more information about third-party advertising at INDIANSTORE.NL Marketplace, including interest-based ads, please read our Interest-Based Ads notice.
- What Information Can I Access?
- You can access your information, including your name, address, payment options, profile information, membership , household settings, and purchase history in the “Your Account” section of the website.
- What Choices Do I Have?
- If you have any questions or objection as to how we collect and process your personal information, please contact our Customer Service. Many of our Marketplace also include settings that provide you with options as to how your information is being used.
- As described above, you can choose not to provide certain information but then you might not be able to take advantage of many of the Marketplace.
- You can add or update certain information on pages such as those referenced in the Information You Can Access?section. When you update information, we usually keep a copy of the previous version for our records.
- If you dont want to receive e-mail or other communications from us, please adjust your Customer Communication Preferences. If you dont want to receive in-app notifications from us, please adjust your notification settings in the app or your device.
- If you dont want to see interest based-ads, please adjust your Advertising Preferences.
- If you want to browse our websites anonymously, you may do so by logging out of your account and disabling cookies on your browser.
- When you consent to our processing your personal information for a specified purpose, you may withdraw your consent at any time and we will stop any further processing of your data for that purpose.
- You will also be able to opt out of certain other types of data processing by updating your settings on the applicable INDIANSTORE.NL website or application.
- Sellers can add or update certain information in Seller Hub, update their account information by accessing their seller account information, and adjust the email or other communications they receive from us by updating their Notification Preferences.
In addition, subject to applicable law, you have the right to request access to, correct, and delete your personal data. You may also object to our processing of your personal data or ask that we restrict the processing of your personal data in certain instances. If you wish to do any of these things, please contact Customer Services.
- Are Children Allowed to Use Marketplace?
- Marketplace does not sell products for purchase by children. We sell children products for purchase by adults. If you are under 18, you may use Marketplace only with the involvement of a parent or guardian, who agrees to be bound by the terms and conditions.
- How Long Do We Keep Your Personal Information?
- We keep your personal information to enable your continued use of Marketplace, for as long as it is required in order to fulfil the relevant purposes described in this Privacy Notice, as may be required by law such as for tax and accounting purposes, or as otherwise communicated to you. For example, we retain your transaction history so that you can review past purchases (and repeat orders if desired) and what addresses you have shipped orders to, and to improve the relevancy of products and content we recommend.
- Contacts, Notices & Revisions
- If you have any concern about privacy at Marketplace or want to contact us, you can do so by writing to:
Karel Doormanstraat, 35A, 5342TH, Oss, Netherlands
Our business changes constantly and our Privacy Notice will change also. You should check our website frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.
- Examples of Information Collected
- Information You Give Us When You Use Marketplace
- You provide information to us when you:
- search for products or services;
- place an order through Marketplace;
- place an order through Marketplace;
- configure your settings on, provide data access permissions for, or interact with your device
- offer your products or services on or through Marketplace;
- communicate with us by phone, e-mail, or otherwise;
- complete a questionnaire, a support ticket, or a contest entry form;
- upload images, videos or other files to Marketplace Social media platforms;
- compile Favourites, Wish Lists or other registries
- Participate in community features, provide and rate Customer Reviews;
- specify a Special Occasion Reminder; or
- employ Product Availability Alerts, such as Available to Order Notifications.
As a result of those actions, you might supply us with such information as: your name; address and phone number; payment information; your age; your location information; people to whom purchases have been dispatched or people listed in your settings (including addresses and phone numbers); e-mail addresses of your friends and other people; content of reviews and e-mails to us; personal description and photograph in your Profile; images and video stored in connection with Marketplace, information and documents regarding identity and standing; corporate and financial information; credit history information; PAN number; and device log files and configurations, including Wi-Fi credentials.
- Automatic Information
- Examples of the information we collect and analyse include:
- the Internet protocol (IP) address used to connect your computer to the Internet;
- login; e-mail address; password;
- the location of your device or computer;
- network details and download quality, including information about your internet service provider;
- device metrics such as when a device is in use, application usage, connectivity data, and any errors or event failures;
- INDIANSTORE.NL Marketplace Service metrics (e.g., the occurrences of technical errors, your interactions with service features and content, your settings preferences and backup information, location of your device running an application, information about uploaded images and files (e.g., file name, dates, times and location of your images));
- purchase and use history, which we sometimes aggregate with similar information from other customers to create features such as Best Sellers;
- the full Uniform Resource Locators (URL) clickstream to, through and from our website (including date and time); cookie number; products and/ or content you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs),
- phone numbers used to call our customer service number.
- We may also use device identifiers, cookies, and other technologies on devices, applications and our web pages to collect browsing, usage or other technical information for fraud prevention purposes.
- Information from Other Sources
- Examples of information we receive from other sources include:
- updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily;
- account information, purchase or redemption information and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfilment, advertising or other services;
- information about your interactions with products and services offered by our subsidiaries;
- search results and links, including paid listings such as Sponsored Ads;
- credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
- Information You Can Access
- Examples of Examples of information you can access through Marketplace include:
- status of recent orders (including subscriptions);
- your complete order history;
- personally identifiable information (including name, e-mail, password, communications and personalised advertising preferences, address book);
- payment settings (including payment card information and gift voucher, gift card and cheque balances);
- e-mail notification settings (including Product Availability Alerts, Deliveries, Special Occasion Reminders, and newsletters);
- recommendations and the products you recently viewed that are the basis for recommendations (including Recommended for You and Improve Your Recommendations);
- shopping lists and gift registries (including Wish Lists and Baby and Wedding Registries);
- Your Profile
- Sellers can access their account and other information, and adjust their communications preferences, by updating their accounts in Seller Hub.
- INTEREST-BASED ADS
- Interest-based ads are sometimes referred to as personalised or targeted ads. We show interest-based ads to display features, products, and services that might be of interest to you.
- What sort of information do we use to show interest-based ads?
- To serve you interest-based ads, we use information such as your interactions with INDIANSTORE.NL Marketplace sites, content, or services. We do not use personally identifiable information such as name or e-mail to serve interest-based ads. In serving you interest-based ads, we only keep information collected for as long as required to provide our advertising services, in accordance with our Privacy Notice and applicable laws.
See our Privacy Notice for more information about the types of information that we gather.
- How do we work with third parties to show you interest-based ads?
- We work with third parties, such as advertisers, publishers, social media networks, search engines, ad serving companies, and advertising companies working on their behalf, to improve the relevance of ads we serve. In providing you interest-based ads, we do not associate your interactions on unaffiliated sites with personally identifiable information, and we do not provide any personally identifiable information to advertisers or to third party sites that display our interest-based ads. Advertisers and other third parties may assume that users who interact with or click on an interest-based ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who purchased or browsed for classical music). Some third-parties may provide us non-personally identifiable information about you (such as demographic information or sites where you have been shown ads) from offline and online sources that we may use to provide you more relevant and useful advertising.
- Advertising Preferences
- INDIANSTORE.NL Marketplace offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from INDIANSTORE.NL Marketplace. You will still see ads, but they will not be based on your interests.
- Recognising you when you sign-in to use our services. This allows us to provide you with product recommendations, display personalised content, recognise you, enable you to use past purchasing details, and provide other customised features and services.
- Keeping track of your specified preferences. This allows us to honour your likes and dislikes, such as whether or not you would like to see interest-based ads. You may set your preferences through your account settings
- Keeping track of items stored in your shopping basket.
- Conducting research and diagnostics to improve INDIANSTORE.NL Marketplace’s content, products, and services.
- Preventing fraudulent activity.
- Improving security.
- Reporting. This allows us to measure and analyse the performance of our services.
INDIANSTORE.NL cookies allow you to take advantage of some of INDIANSTORE.NL ’s essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any INDIANSTORE.NL products and services that require you to sign in.
You can manage browser cookies through your browser settings. The “Help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. If you disable all cookies on your browser, neither we nor third parties will transfer cookies to your browser. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some features and services may not work.
See our Privacy Notice for more information about the types of information we gather.
- CONDITIONS OF USE
- This document outlines the conditions of use of INDIANSTORE.NL Marketplace websites, Apps, products, services, online and physical stores, and applications that reference this Privacy Notice (together “Marketplace”). Please read this carefully. By using Marketplace Services, you signify your agreement to be bound by these conditions.
We offer a wide range of Marketplaces, and sometimes additional terms may apply. When you use Marketplace (for example Your Profile, Gift Cards or Marketplace applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Marketplace (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
- We respect your privacy and request you to review our Privacy Notice and Cookies & Interest-Based Ad Notice, to understand our practices..
- ELECTRONIC COMMUNICATIONS
- You communicate with us electronically when you use any of our services, send e-mails, messaging services, and other communications from your desktop or mobile device. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Marketplaces. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
- COPYRIGHT AND DATABASE RIGHTS
- All content included in or made available through any Marketplace, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Marketplace or its content suppliers and is protected by NETHERLANDS and international copyright and database right laws. The compilation of all content included in or made available through any Marketplace is the exclusive property of Marketplace and is protected by NETHERLANDS and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any Marketplace without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Marketplace, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Marketplace (e.g. our prices and product listings) without our express written consent.
- In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Marketplace are trademarks or trade dress of Marketplace. Marketplaces trademarks and trade dress may not be used in connection with any product or service that is not Marketplaces, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Marketplace. All other trademarks not owned by Marketplace that appear in any Marketplace are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Marketplace.
- LICENCE AND ACCESS
- Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Marketplace or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Marketplaces. This licence does not include any resale or commercial use of any Marketplace or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Marketplace or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Marketplace or its licensors, suppliers, publishers, rights holders, or other content providers. No Marketplace, nor any part of any Marketplace, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Marketplace without our express written consent. You may not use any meta tags or any other “hidden text” utilising Marketplaces names or trademarks without our express written consent.
You may not misuse the Marketplaces. You may use the Marketplaces only as permitted by law. The licences granted by Marketplace terminate if you do not comply with these Conditions of Use or any Service Terms.
- YOUR ACCOUNT
- If you avail Marketplace services or use it applications and services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in the Your Account area of the website.
You must not use any Marketplace:
(i) in any way that causes, or is likely to cause, any Marketplace, or any access to it to be interrupted, damaged or impaired in any way, or
(ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
(iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
- Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Marketplace contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Marketplace, please notify us by completing and submitting the appropriate Notice Form and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Marketplace a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Marketplace, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Marketplace including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Marketplace for all claims brought by a third party against Marketplace arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.
- INTELLECTUAL PROPERTY CLAIMS
- Marketplace respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us.
- OTHER BUSINESS
- Parties other than Marketplace operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Marketplace does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use
- MARKETPLACES ROLE
- Marketplace allows third party sellers to list and sell their products at INDIANSTORE.NL Website/App. In each such case, this is indicated on the respective product detail page. While Marketplace helps facilitate transactions that are carried out on the Marketplace, Marketplace is neither the buyer nor the seller of the sellers items. Marketplace provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between buyer and seller. Marketplace is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the sellers agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Marketplace wants the buyer to have a safer buying experience, Marketplace provides a guarantee in addition to any contractual or other rights. For conditions relating to the sale by third parties to you on INDIANSTORE.NL Website/App see the Participation Agreement.been used in a way that gives rise to concerns of infringement, please write to us.
- OUR LIABILITY
- We will do our utmost to ensure that availability of the Marketplaces will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Marketplaces may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Marketplace will not be responsible for
(i) losses that were not caused by any breach on our part, or
(ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or
(iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Marketplaces.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
- APPLICABLE LAW
- These conditions are governed by and construed in accordance with the laws of the THE KINGDOM OF NETHERLANDS , and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the exclusive jurisdiction of the courts of the state of Tamilnadu. If you would like to bring a matter to our attention, please contact us.
- ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
- We reserve the right to make changes to any Marketplaces, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Marketplaces. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
- We do not sell products for purchase by children. We sell childrens products for purchase by adults. If you are under 18 you may use the Marketplaces only with the involvement of a parent or guardian.
- OUR CONTACT DETAILS
- This website is owned and maintained by Marketplace Netherlands. You can contact us via our website.
- For Marketplace: Karel Doormanstraat, 35A, 5342TH, Oss, Netherlands
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
- If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Marketplace the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Marketplace for all claims brought by a third party against Marketplace arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on INDIANSTORE.NL Website/App and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to Marketplace may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
- NOTICE AND PROCEDURE FOR NOTIFYING MARKETPLACE OF DEFAMATORY CONTENT
- Because many products are listed and many customer reviews and comments are hosted on INDIANSTORE.NL Website/App, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a “notice and action” basis. If you believe that any content on, or within a product advertised for sale on, the INDIANSTORE.NL Website/App website contains a defamatory statement, please notify Marketplace immediately.
Important Warning: giving false, misleading or inaccurate information in the notice to Marketplace of Defamatory Content on INDIANSTORE.NL Website/App may result in civil and criminal liability.
- TERMS OF SALE
- THESE STANDARD TERMS OF SALE (“TERMS OF SALE”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF SALE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
THESE TERMS OF SALE IS A LEGALLY BINDING DOCUMENT BETWEEN BUYER AND SELLER WHERE THE SELLER HAS MADE THE OFFER TO SELL THE PRODUCTS BY LISTING THE SAME ON THE WEBSITE AND BUYER HAS ACCEPTED SUCH OFFER OF THE SELLER BY AGREEING TO BUY THE PRODUCT SO OFFERED ON THE WEBSITE. THESE TERMS OF SALE WILL BE EFFECTIVE AND BINDING ON THE SELLER UPON SELLERS ADVERTISING, EXHIBITING AND CREATING A LISTING OF THE PRODUCT ON THE WEBSITE, AND SHALL BE EFFECTIVE AND BINDING ON THE BUYER UPON BUYER AGREEING TO PURCHASE THE PRODUCTS SO LISTED BY THE SELLER.
In these Terms of Sale, a User (whether guest user or registered user) who purchase various Products (as defined below) from the Seller on the website located at the URL www.indianstore.nl and mobile application under the name and style ” INDIANSTORE.NL ” (the Website) is referred to as “Buyer” and the Seller is referred to as an individual or any legal entity who list, advertise, exhibit, offers to sell, make available, market, sale and deliver any Products through the Website to the Buyer (referred to as “Seller”). These Terms of Sale describe, inter alia, the terms of offer for sale/sale, acceptance of offer for sale by Buyer and the purchase of goods and services (“Products”) through the Website from the Seller. These Terms of Sale also contains certain statements and disclaimers made by INDIANSTORE.NL which shall be binding on Buyer and Seller, as the case may be. Sometimes both Buyer and Seller are collectively referred to as “You” with its grammatical variations and cognate expressions.
These Terms of Sale are subject to revision at any time and hence both Buyers and Sellers are requested to carefully read these Terms of Sale from time to time before listing any Product or before making any purchase of the Products. The revised Terms of Sale shall be made available on the Website.
You are requested to regularly visit the Website to view the most current Terms of Sale. It shall be Your responsibility to check these Terms of Sale periodically for changes and Buyer should also check Additional Terms of Sale of the Seller on the Product listing.
You may be asked to provide Your specific consent to any updates in a specified manner before any further use of the Website and related services. If no separate consent is sought, Your continued use of the Website following such changes and modifications to the Website or these Terms of Sale will constitute Your acceptance of such changes or modifications.
- 1. Offer and Acceptance of the Product
- The Seller hereby makes an offer to sell the Products listed by Seller on the Website and the Buyer upon agreeing to purchase the Products so listed by the Seller hereby accepts such offer to sell by the Seller. Accordingly, the contract for sale of the Product is to be a bipartite contract between Buyer and the Seller. INDIANSTORE.NL is not a third party beneficiary under such bipartite contract. The Buyer understands and agrees that the offer for sale of the Product by the Seller is not an absolute or an un-conditional offer. Such offer to sale by the Seller is subject to repudiation by the Seller at any time before the delivery of the Product to the Buyer and without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer. The Seller and Buyer understand and agree that INDIANSTORE.NL has the right to cancel any sale transaction, listing or acceptance
(ii) under an order or instruction from any statutory, quasi-judicial or judicial authority
- 2. Product(s)
- 2.1. The availability of the Product under the offer to sell is subject to change without notice prior to the purchase of the Product by the Buyer. However, there may be circumstances where the Product may not be available to be delivered to the Buyer after the purchase transaction. In such an event, Seller may cancel or instruct INDIANSTORE.NL to cancel such purchase transaction without any recourse to Buyer and without any liability to the Seller or to INDIANSTORE.NL .If Buyers order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. INDIANSTORE.NL shall have the sole discretion to determine the mode of reversal from the above options.
2.2. With respect to the sale of Product by Seller to the Buyer, the Seller hereby represents and warrants to the Buyer that:
- Seller has the right to sell the Products to the Buyer on or through the Website;
- Buyer shall have and enjoy quiet possession of the Products;
- Products shall be free from any charge or encumbrance in favor of third party;
- Buyer shall be entitled to all the warranties and other collaterals applicable to the Product or as generally made available by the manufacturer or seller of the Product;
- Product shall meet the description and specifications as provided on the Website.
- 3. Pricing Information
- 3.1. The Selling Price of the Product is subject to change without notice prior to the purchase of the Product by the Buyer. The Selling Price is provided on the Website on “as is” basis as provided by the Seller. Due to technical reasons there may be errors in Selling Price which may be corrected by the Seller at any time and any acceptance of offer of sale by the Buyer of the Products subject to such faulty Selling Price shall, subject to discretion of the Seller, not be a valid acceptance and such transaction can be avoided by the Seller.
3.2. All prices are inclusive of BTW unless stated otherwise.
- 4. Delivery of the Product
- 4.1. There are various delivery models for delivery of purchased Product to the Buyer, as decided by the Seller. The risk of any damage, loss or deterioration of the Products during the course or delivery or during transit shall be on the Seller and not on the Buyer. Seller represent and warrant that the Products being delivered are not faulty and are exactly those Products which are listed and advertised by Seller on the Website and purchased by the Buyer and meet all descriptions and specifications as provided on the Website.
4.2. Buyers shipping address, pin code will be verified with the database of Website before a Buyer proceed to pay for Buyers purchase. In the event Buyers order is not serviceable by logistic service providers or by Seller or the delivery address is not located in an area that is covered under the order confirmation form, Buyer may provide an alternate shipping address on which the Product can be delivered by the logistics service provider or by the Seller.
4.3. Please note that there is no guaranteed dispatch time and any information about the dispatch time is estimate only and should not be relied upon as such. Therefore, time is not the essence of the bi-partite contract between the Buyer and the Seller for purchase and sale of Product on or through the Website. However, the Product shall not be delivered to the Buyer unless the Buyer makes the payment of the purchase of Product.
4.4. Buyer shall be bound to take delivery of the Products purchased by the Buyer that are said to be in a deliverable state. Where Buyer neglects or refuses to accept the delivery of the Products ordered by the Buyer, the Buyer may be liable to the Seller for such non-acceptance and shall further be liable to INDIANSTORE.NL for any loss of any fee or charges that INDIANSTORE.NL and its third parties shall have earned from the Seller if such delivery or transaction should have been completed. Buyer acknowledges that such damages or loss to INDIANSTORE.NL and its third parties are not consequential or indirect.
4.5. The title in the Products and other rights and interest in the Products shall directly pass on to the Buyer from Seller upon delivery of such Product and upon full payment of price of the Product. Upon delivery, the Buyer is deemed to have accepted the Products. The risk of loss shall pass on to the Buyer upon delivery of Product.
- 5. Return Policy for Products
- 5.1. Buyers Product related complaint for refund or replacement can be lodged at Admin@indianstore.nl . However, in the event of false, frivolous or baseless complaints regarding the delivery or quality of the Products, the Buyer will not be eligible for refund or replacement.
5.2. Before accepting delivery of any Product, the Buyer shall reasonably ensure that the Products packaging is not damaged or tampered.
5.3. The return process of a Product may be subject to additional terms depending on the nature and category of the Product. Any such additional terms may be specified on the Website or be intimated by the Seller at the time of purchase of the Product.
5.4. In the event the return of a Product is duly accepted by Seller, the value of such Product, as originally paid by Buyer during acceptance of Product, will either be refunded to Buyer either to the bank account provided by the Buyer for such refund, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. INDIANSTORE.NL shall have the sole discretion to determine the mode of reversal from the above options.
5.5. Buyer agrees that if the returned Product is not accepted by the Seller then INDIANSTORE.NL shall have the right liquidate or sell those Products and give all the valid title, rights and interests including warranties and other collaterals and benefits associated with those Products (as the Buyer would have received from the Seller) to any third party to whom those Products are sold.
- 6. Cancellation of transaction / orders
- 6.1. Cancellation by Seller: There may be certain orders that Seller is unable to accept and has the right to cancel either by the Seller directly or Seller can instruct to cancel such order. Seller reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Buyers order being cancelled include, without limitation, non-availability of the Product or quantities ordered by Buyer or inaccuracies or errors in pricing information. Seller may also require additional verifications or information before processing any order. All such cancellation shall be without any recourse to Buyer and without any liability to the Seller or to INDIANSTORE.NL . If Buyers order is so cancelled, after the payment has been processed, the said amount will be reversed / remitted to the Buyer either to the bank account provided by the Buyer for such reversal, or to the payment instrument of the Buyer from which payment was made, or to any pre-paid payment instrument account of the Buyer. INDIANSTORE.NL shall have the sole discretion to determine the mode of reversal from the above options. In the event a promotional code given by INDIANSTORE.NL is used for the purchase of the Product, the amount under such promotional code shall not be refunded in case of cancellation of order. The above is the sole remedy of the Buyer and the sole liability of the Seller and sole responsibility of INDIANSTORE.NL for any cancellation of the purchase order by the Seller or otherwise other than by the Buyer.
6.2. Cancellation by the Buyer: In case of requests for order cancellations, Seller reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Seller receives a cancellation notice and the order has not been processed, Seller may cancel the order and refund the entire amount to Buyer within a reasonable period of time. Seller will not be able to cancel orders that have already been processed by the Seller. Buyer agrees not to dispute the decision made by Seller and accept Sellers decision regarding the cancellation.
6.3. Set-off of any benefits availed by the Buyer: In case the Buyer has availed any benefit under any marketing or promotions provided by INDIANSTORE.NL in relation to the Product for which the order has been cancelled by the Buyer or by the Seller, Buyer agrees and authorizes INDIANSTORE.NL to recover such benefits from the Buyer or set-off the same from any refunds to the Buyer.
- 7. Governing Law
- These Terms of Sale shall be governed in accordance with the laws of NETHERLANDS without reference to conflict of laws principles. You acknowledge that these Terms of Sale are solely for Your benefit. It is not for the benefit of any other person, except for Your successors and permitted assigns.
- 8. Disclaimer by INDIANSTORE.NL
- 8.1. INDIANSTORE.NL ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKET PLACE AND IS LIMITED TO MANAGING THE WEBSITE TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS. ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL INDIANSTORE.NL HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL INDIANSTORE.NL HOLD ANY TITLE IN THE PRODUCTS. THE TITLE IN THE PRODUCTS AND OTHER RIGHTS AND INTEREST IN THE PRODUCTS SHALL DIRECTLY PASS TO THE BUYER FROM THE SELLER.
8.2. THESE TERMS OF SALE SHALL NOT AMEND OR MODIFY ANY AGREEMENTS, CONTRACTS, TERMS OR POLICIES BETWEEN THE BUYER OR SELLER ON ONE HAND AND INDIANSTORE.NL ON THE OTHER HAND.
8.3. INDIANSTORE.NL DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OFFERED BY SELLERS ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. INDIANSTORE.NL MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE SELLER OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS INCLUDING REPRESENTATIONS RELATING TO MERCHANTABILIGY, FITNESS OF A PRODUCT OR SERVICE FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT BUYER MAY HAVE WITH SUCH THIRD PARTIES ARE AT BUYERS OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO SELLERS TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND INDIANSTORE.NL DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. INDIANSTORE.NL ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY THE BUYER.
8.4. INDIANSTORE.NL SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND INDIANSTORE.NL SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
8.5. INDIANSTORE.NL is in no way responsible or liable for the offer for sale or sale of the Product by the Seller to the Buyer, its delivery, the warranty terms (if any) related to the Product and the return, refund or cancellation of purchase of any Products.
8.6. INDIANSTORE.NL does not warrant that the sale price provided by the Seller of the Product is accurate, proper and valid. Any error in the sale price shall be solely attributed to the Seller and not to INDIANSTORE.NL . Prices, Product description and availability of the Product are Sellers responsibility.
8.7. Buyer expressly acknowledges that the Seller selling the defective Product will be responsible to Buyer for any claims that Buyer may have in relation to such defective Product and INDIANSTORE.NL shall not in any manner be held liable for the same.
8.8. Indianstotr.nl shall not assume any liability for the non-availability of the Product, delivery of the Product directly by the Seller and the installation of the Product where required.