By signing up to Indiasey (hereinafter “Indiasey.com” or the “Website”), customer accepts the terms (hereinafter “Terms” or “Agreement”) as set forth in the following Terms and Conditions. Indiasey.com’s services are to be used for international customers (outside of the INDIA) purchasing products (hereinafter “Items” or “Merchandise”) through sellers or merchants in INDIA. The Customer authorizes Indiasey.com to charge Customer’s payment method for any future services according to Indiasey.com’s current pricing schedule.
Indiasey.com reserves the right, at its sole discretion, to change, modify, or otherwise alter any terms and conditions. The Customer is responsible to review Indiasey.com’s Terms and Conditions periodically as continued use of Indiasey.com’s services will constitute acceptance of any revised terms and conditions. If there is any disagreement with modifications to the following Terms and Conditions, the Customer’s only resource is to cease the use of Indiasey.com’s services.
When signing up for Indiasey.com, the Customer will be provided with a unique ID number that will be used to identify packages upon arrival to Indiasey.com’s facility. This ID must be included along with other key pieces of information when purchasing products at INDIA merchants. Customers should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Customer’s unique ID number. If any of this information is neglected then Indiasey.com reserves the right to charge the customer for extra handling, in accordance with Indiasey.com’s current schedule of fees. Indiasey.com also reserves the right to return item(s) to shipper or dispose item(s) in this case.
Indiasey.com will act as an agent of the Customer for export purposes by receiving & handling the Customer’s products, which will be sorted, consolidated (if requested), re-packed (if requested), stored and exported. Indiasey.com will arrange for export to Customer’s specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. Indiasey.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Customer). Indiasey.com representatives will open all packages upon arrival at Indiasey.com’s facility. As a Customer, Indiasey.com will be granted a written authorization to act as Customer’s agent. Indiasey will provide any of the following services to Customers: preparation of shipping documents, preparation of any Certificates of Origin, preparation of an EEI via AES and preparation of an airway bill or other documents required for exporting item(s) to Customer. The Customer acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by Indian laws and regulations.
Customer will be held responsible for providing correct product category, product description, number of units and total invoice amount of exported products. If needed, Customer is obligated to send Indiasey.com a commercial invoice for custom clearance purposes. Customer will be held responsible for all import obligations in the country to which all packages will be sent. If Customer provides Indiasey.com with incorrect local address then he/she may face additional re-routing charges. Indiasey.com reserves the right to charge Customer’s payment method or dispose shipped item(s) if Customer refuses to pay customs fees or is unresponsive for more than 7 days after item(s) arrive in local country and after attempting to reach Customer by e-mail or phone number provided by him/her. If the price paid for item(s) is not listed on the invoice provided by the merchant, or if no invoice is available, the Customer is responsible for providing Indiasey.com with the true and accurate price that the Customer paid for the item(s), if the Customer purchased it. The Customer is subject to civil and criminal penalties for making false or fraudulent statements to the INDIA. government or for the violation of any INDIA. laws or regulations on exportation.
Shipping costs are based on the weight and dimensions of Customer’s shipments. These costs will be charged according to the actual weight or dimensional weight (whichever is greater). Dimensional weight will be calculated according to unaffiliated freight forwarder’s terms. Indiasey.com will allow Customers to store their item(s) for up to 7 days at no charge. After 7 days, Customer agrees to pay storage fees per box per day. If Customer neglects, refuses or is unresponsive in regards to the payment of storage fees, then Indiasey.com reserves the right to dispose item(s) or donate to charity. Items that are prohibited or restricted are not storable and will be rejected, forfeited, disposed, destroyed or provided to government officials. Customer will forfeit the Title to any item(s) that cannot be exported after arrival to Indiasey.com’s facility. The Customer agrees and acknowledges that he/she shall purchase any and all item(s) from Merchant in a manner that (1) transfers title to the Customer prior to the time that the item(s) is received at Indiasey.com´s facility and (2) in accordance with risk of loss terms that provide either that the buyer or the Customer bears the full costs and risks of moving the goods from the buyer’s location to the Indiasey.com´s facility.
Indiasey.com will not be held accountable if item(s) are stolen or taken from Customer’s doorstep by someone other than Customer or affiliated persons. Indiasey.com will not be held responsible if local courier drops off item(s) at wrong address..
The Customer is solely responsible for complying with any terms and conditions of sale that may be imposed by the merchant of the item(s). The Customer acknowledges that Indiasey.com is not responsible for any action taken by the merchant with respect to the Customer’s order as a result of the merchant’s terms and conditions of sale. The Customer is responsible for informing the merchant that any item(s) purchased and sent to Indiasey.com’s facility ultimately will be exported out of the INIDA. It is ultimately the responsibility of the Customer to ensure that the merchant provides the export classification of the item(s) and determines if any export licenses are required for the item(s). The Customer must ensure that item(s) requiring an export license are not to be shipped to Indiasey.com by the merchant.
Indiasey.com works diligently to prevent credit card fraud and provide security measures. If a Customer engages in such activity, Indiasey.com will cancel Customer’s account and return and outstanding item(s) to merchant. Indiasey reserves the right to ask Customer for required documentation to ensure against fraud, such as copies of identification and credit cards. There may be Civil or Criminal penalties imposed against the Customer by the INDIAN Government for providing false or fraudulent statements with respect to any information.
The following list is a non-exclusive sampling description list for items that are restricted, cannot be exported or may require an import license, additional documentation and/or cause problems and delays during the customs review of Customer’s shipment:
Additional information on prohibited and restricted items can be retrieved by customs in local country and by Indian government. Customer is responsible for confirming that prohibited and restricted items are not sent to Indiasey.com’s facility. Customer must be held responsible for any software and/or date residing on used electronic equipment and must comply with import and export laws and government regulations in the India. Indiasey.com will not responsible for the loss of any software and/or data.B. EXPORT AND IMPORT LAW COMPLIANCE
Customers are responsible for and warrant compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Customer’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the INDIA Department of Commerce, INDIA Department of State, INDIA Customs and Border Protection, INDIA Department of Treasury, and any and all import obligations or license requirements of the destination country. Customers represent and warrant that (a) the recipient of any item(s) exported by Indiasey.com is the end user of any and all item(s) that the Customer has requested be exported through a freight forwarder or carrier to the recipient’s address, or, if the Customer is reselling the item(s), the Customer can identify the end users and provide Indiasey.com with any requested information on such end users, (b) any item(s) that the Customer requests be exported by Indiasey.com will be used in the country to which the Customer requests shipment, and (c) the Customer will not re-export the item(s) to a different destination.
Customers represent and warrant that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the India and in the jurisdictions in which the Customer resides, operates, or will receive shipments, including but not limited to the Laws of the India governing embargoes, sanctions, and boycotts, the Arms Export Controls Act and Law, the Foreign Trade Regulations and all rules, regulations and executive orders relating to any of the foregoing,
Resellers must represent and warrant that the items they purchase for resale will be sold or distributed by their organization and that with respect to such items they will comply with the applicable laws governing the export, import, and provision of goods and services in the India and in the jurisdictions in which the end user of Customer’s products resides, operates, or will receive shipments, including but not limited to the laws of the India governing embargoes, sanctions, and boycotts, the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by India Department of the Treasury, the Laws administered by India Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the INDIAN Goverment.
Resellers shall not use, transfer, re-export, resell, or otherwise dispose of any item(s) exported using the services of Indiasey.com to any destination, end-user, or for any end-use prohibited by the laws of the Government of India. Resellers must also recognize that item(s) exported using the services of Indiasey.com from the India are subject to the controls of the Export Administration Regulations of Government of INDIA.
The goods will be imported on behalf of the consignee/ebuyer. The consignee authorizes Indiasey to import the goods on his behalf. Further, the consignee/buyer agrees that Indiasey may delegate the obligation to import the goods on his behalf to a subcontractor (e.g. customer broker). The consignee will pay the taxes & duties in addition with the purchase price of the goods.
Any use in contravention of this provision or any provision of this Agreement is at Customer’s own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
The Customer agrees that he/she will remain liable for and indemnify, defend, and hold harmless Indiasey.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof, from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
Any negligent action or omission of Customer or any of the Customer's employees, contractors, agents or any other person acting under Customer's supervision or control prior to, as of, or following the date hereof; any inaccuracy or breach of any representation or warranty made by Customer in this Agreement or any other document or instrument executed or delivered by Customer in connection with this Agreement; any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Customer in connection with this Agreement; Indiasey.com's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of Indiasey.com; The Customer providing to Indiasey.com any incomplete or false information; and The Customer's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments. The Customer acknowledges that the foregoing provisions are a material inducement for Indiasey.com to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
Content of parcel shipped to our designated address must not be anything suspicious or prohibited or unlawful items at India or any jurisdiction where the parcel will be shipped to from India. We have full rights for opening, re-packing the parcels , checking the items and decide what need to be done (including discarding) with the parcels and items received on behalf of you.
Any unlawful activity or request for usage of our services including but not limited to purchasing, storing, forwarding or purchasing noticed by us will be reported to relevant legal authority at India and/or such authority in country where such buyer or his order originated or transits through or shipped. This referral is not limited to Indian Police, Indian Customs, or Central Narcotics Bureau, but can be any relevant governmental or government related authority/ agency in any country.
We may also withhold or handover such items to the authority and share buyer’s full personal information and profile to the authority when necessary and we are not liable for any such occurrences and there will be no refund or compensations even if payment has been successful.
You may need your own Indiasey.com account to use certain services from us, and you may be required to be logged in to the account and have a valid payment method associated with the account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. The Website does sell or ship products for children, but it does them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our services only with involvement of a parent or guardian. Indiasey.com reserves the right to refuse service, terminate accounts, terminate your rights to use Indiaasey.com services, remove or edit content, or cancel orders in its sole discretion.
Providing incorrect information such as name, address, contact number or falsifying such information, misusing information or identity of other natural or legal person is strictly prohibited. On any suspicion of suspected misleading information or transactions, We may cancel or suspend your account without any notice and may also report to necessary legal authority or seller. On such cases, We reserves the rights to refund any payments that is made. Indiasey.com at any point have rights to reject any incoming package and will not be liable for any charges incurred by seller of the product nor buyer. Full liability for purchase is with actual buyer.
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of India and by the applicable regulations of any agency of India, without applying conflict of law principles that would result in applying any state law or state regulation other than those of india. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of Indian court ( Jaipur Rajasthan) and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.