This Principal Terms and
Conditions of Use of Shopping Platform-Earthencart.com
1.Parties to Agreement:
a.Earthencart, a registered Trade Name (applied for) of Earthencart Retail LLP, a Limited Liability Partnership having its
office at 802, Nilamber Triumph, Gotri Bhayli Road, Ashwamegh Nagar, Saiyad
Vasna, Vadodara GJ 390007 INDIA and through its duly authorized by partners
of Earthencart to enter in to present Principal Terms and Conditions of the First Part hereinafter also referred
interchangeable as “Earthencart” or www.EARTHENCART.com or “Earthencart Shopping Platform” which expression shall mean
and include his/her/its successors in title, administrators and assignees. Further
Earthencart is owner and operator of E-Commerce “Earthencart Shopping Platform”
by the URL/name of www.EARTHENCART.com wherein various products of different nature
are marketed and sold using electronic medium more particularly through the
e-commerce domain and the parties hereto have after mutual understanding have
come to Principal Terms and Conditions which include its Schedules that the
products of the Seller’s will be marketed by Earthencart on their ecommerce
store collectively called “Earthencart Shopping Platform;
b.“User” an individual, proprietor,/partnership firm duly registered under
provisions of Partnership Act, 1932/ a company incorporated under the provisions
of Companies Act, 1956 having his / her / its permanent and or temporary
address /registered office at “Address” as specified in the “User
Profile” (acting through Individual, duly authorized to enter in to present
Principal Terms and Conditions by partners / board of directors ) (hereinafter
referred to as “the User” which expression shall mean and include
his/her/its successors in title, administrators and assigns) of the Second Part
c.The User for the purpose of these
Principal Terms and Conditions shall also mean and include the individual or
business or “viewer” approaching Earthencart physically or virtual with a
request for viewing, display on the Earthencart Platform and not necessarily registering
as a User.
d.The User shall also include and mean a “user”
and/or “customer” of “seller’s” product on Earthencart Shopping Platform.
e.The parties above referred are individually known as “the party”/
“the User” / “the Seller”, / “Earthencart”as the case may be and
collectively referred to as “the parties”
f.AND WHEREAS parties have
agreed to put their terms in writing as per this document.
THIS PRINCIPAL TERMS AND CONDITIONS WITNESSES AS UNDER
Term & Renewal
2.1.This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
2.2.This document is published in accordance with the provisions of
Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
including the related mobile site and mobile application (hereinafter referred
to as “Platform”)
2.3.The Platform is owned by EARTHENCART and User’s use of the
Platform and services and tools are governed by the following terms and
including the applicable policies which are incorporated herein by way of
reference. If User transact on the Platform, User shall be subject to the
policies that are applicable to the Platform for such Final Customer Payment
Value Transaction. By mere use of the Platform, User shall be contracting with
and these terms and conditions including the policies constitute User binding
obligations, with EARTHENCART.
requires "User" shall mean any natural or legal person who
has agreed to become a user on the Platform by providing Registration Data
while registering on the Platform as Registered User using the computer
systems. EARTHENCART allows the User to surf the Platform or making purchases
without registering on the Platform. The term "Earthencart",
"Us", "Our" shall mean EARTHENCART Internet Private
2.5.When User use any of the services provided by Us through the
Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews),
User will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated into
Use. Earthencart reserve the right, at Our sole discretion, to change, modify,
periodically for updates / changes. User continued use of the Platform following
the posting of changes will mean that User accept and agree to the revisions.
personal, non-exclusive, non-transferable, limited privilege to enter and use
2.6.ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES USER
Privacy) as amended from time to time.
3.1.“Customer” shall mean any individual, group of individuals, partnership
firm, company or any other entity booking an Order for the Products of the
User(s) through the “Earthencart Shopping Platform”.
3.2.“Effective Date” shall mean the date on which this
Principal Terms and Conditions and schedules is executed.
3.3.“Earthencart Shopping Platform” means an online
platform owned and operated by Earthencart that facilitates the shopping Final
Customer Payment Value Transaction between the User and the Customer presently
included in it is www.EARTHENCART.com ”,
“User Panel”, “Mobile Application”.
3.4.www.EARTHENCART.com shall mean a virtual
electronic store created on Earthencart Shopping Platform
3.5.“Earthencart Mobile application” shall be
the application for sale of the User’s Products as part of “Earthencart
Shopping Platform” displaying the particulars of the User’s Products.
3.6.“Final User Selling Price” of a Product is the price of the product as listed on the “Earthencart Shopping
Platform” which would include Basic
Packing, Basic Insurance on product, Shipping/Delivery Charges to customer,
Goods & Services Tax (GST) and all applicable taxes.
3.7.“Other Charges” is that part of Final Order Value excluding Final
User Selling Price and means all the OTHER CHARGES like shipping charges,
Green packing charges, gift packing charges, bank charges, payment gateway
charges, Cash Handling charges, insurance charges and other charges (as
applicable) plus all applicable taxes thereon (GST).
3.8.“Booked Order” shall mean an
order for purchase of product/products, wherein customer has agreed to purchase
the product upon the terms and conditions and at Final Order Value indicated on the “Earthencart Shopping Platform”
of the User.
3.9.“Final Order Value” shall mean the value
at which the Products are to be delivered to the Customer i.e., Final User Selling Price (as per Point 3.6)
plus Other Charges (as per Point 3.7).
3.10.“Final Customer Payment Value” shall be the net payable by
customer after adjustment of the credit outstanding to the customer, discounts,
voucher, coupons, wallet balance, cess if any and wherever applicable and net
payable for said Booked Order by the customer.
3.11.“Fulfilled Order” means a booked order
where the products are received by customer and accepted without raising a
claim for replacement as per the conditions of this Principal Terms and
Conditions. Booked order shall be also be Fulfilled order once process of
replacement and acceptance of replaced product is confirmed by customer or on
the expiry of the period of raising a claim for Return for Replacement.
in India products” shall mean products that are manufactured
and/or assembled, created, designed in the territories of union of India and
are not primarily imported as such or imported & assembled as such,
imported and relabelled and imported & white branded imported products.
3.13.“Notice” shall mean and include all communication
in written form in electronic or post/courier form.
3.14.“Order Return” or “Return”
means and includes an order booked and/or
delivered to customer (due to any reason)
for replacement (breakage, wrong size, quality etc)
3.15.“Order Confirmation” means
that Order Booked is confirmed by Earthencart Shopping Platform.
3.16.“Product” shall mean be called in this document as any merchandise products,
items, goods and articles put up for sale on the “Earthencart Shopping
Platform” by the Seller for User/User/Customer. “The Product” shall
include, thing produced by labour or effort, result of an act or a process or
otherwise, to which the User is legally entitle to promote, market, sponsor and
further holds lawful permission, authorization, delegation, sanction, license
to display the same on the “Earthencart Shopping Platform”.
3.17.“Shipping Charges” or “Delivery
Charges” shall mean the logistics /courier / postal charges, including all
taxes incurred for delivering the product(s) and return to/from the Customer
3.18.“Sign-up Fees”: There is no sign-up fees applicable. However, a
value-added scheme may be offered to premium users and same shall be
communicated to the user at such terms and time in future.
3.19.Principal terms and Conditions of
Use of Shopping Platform-Earthencart.com means and referred to
Recommended” are products recommended by Earthencart which carry the unique
qualities and philosophy of Earthencart and are recommended by Earthencart.
4.Online Membership Eligibility
4.1.Transaction on the Platform is available only to 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 un-discharged insolvents etc. are not eligible to use the
Platform. If User are a minor i.e. under the age of 18 years, User may use the
Platform or access content on the Platform only under the supervision and prior
consent/ permission of a parent or legal guardian.
4.2.As a minor if User wish to transact on the Platform, such
transaction on the Platform may be made by User’s legal guardian or parents.
EARTHENCART reserves the right to terminate User membership and / or refuse to
provide User with access to the Platform, if it is brought to EARTHENCART's
notice or if it is discovered that User are under the age of 18 years and
transacting on the Platform.
5.User’s Online Account, registration, and other Obligations
5.1.1.If User use the Platform, User shall be responsible for maintaining the
confidentiality of User Display Name and Password and User shall be responsible
for all activities that occur under User Display Name and Password. User agree
that if User provide any information that is untrue, inaccurate, not current or
incomplete or Earthencart have reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, or not in accordance with the
terminate or block access of User membership on the Platform and refuse to
provide User with access to the Platform.
5.1.2.User mobile phone number and/or e-mail address is treated as User
primary identifier on the Platform. It is User responsibility to ensure
that User mobile phone number and User email address is always up to date on
the Platform. Users agree to notify Us promptly if User mobile phone number or
e-mail address changes by updating the same on the Platform through a onetime
password verification or through existing password access to profile.
5.1.3.User agree that EARTHENCART shall not be liable or responsible
for the activities or consequences of use or misuse of any information that
occurs under User Account in cases, including, where User have failed to update
User revised mobile phone number and/or e-mail address on the Earthencart Shopping
5.1.4.If User share or allow others to have access to User account on the
Platform (“Account”), by creating separate profiles under User Account, or
otherwise, they will be able to view and access User Account information. User
shall be solely liable and responsible for all the activities undertaken under User
Account, and any consequences therefrom.
6. Communications to and from
6.1.When User use the Platform or send emails or other data, information or
communication to us, User agree and understand that User are communicating with
Us through electronic records and User consent to receive communications via
electronic records from Us periodically and as and when required. Earthencart
may communicate with User by email or by such other mode of communication,
electronic or otherwise.
7.Purpose of Earthencart: Provide for Platform for Transaction and
7.1.The Earthencart Shopping Platform is a platform that Users and sellers, utilize
to meet and interact with one another for their transactions. EARTHENCART
is not and cannot be a party to or control in any manner any transaction between
the Platform's Users.
7.2.Hence forward, all
commercial / contractual terms are offered by and agreed to between Users and
Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods (except Earthencart Shopping Platform
Prepaid order payment), payment terms, date, period and mode of delivery,
warranties related to products and services and after sales services related to
products and services. EARTHENCART does not have any control or does not determine or advise or in
any way involve itself in the offering or acceptance of such
commercial/contractual terms between the Users and Sellers including all
discounts offer (including Return of Goods) are by the Seller and not by EARTHENCART.
7.3.Cash on Delivery option shall be available subject to the following Cash
on Delivery terms and conditions.
7.3.1.Cash on Delivery can be used as payment method only for orders with
“Final order Transaction Value” less than Rs. 5,000. Further Lower “Final order
Transaction Value” sub-limits may also be put. The order value limit could be
lower depending on the pin code of your address.
7.3.2.Users are requested to verify the delivered items.
7.3.3.Further partial payment in cash shall be accepted also in case if part
of the order is rejected.
7.4.Placement of order by a User with Seller on the Platform is an offer to
buy the product(s) in the order by the User to the Seller and it shall not be
construed as Seller's acceptance of User's offer to buy the product(s) ordered.
The Seller retains the right to cancel any such order placed by the User, at
its sole discretion and the User shall be intimated of the same by way of an
email/SMS. Any transaction price paid by User in case of such cancellation by
Seller, shall be refunded to the User. Further, the Seller may cancel an order
wherein the quantities exceed the typical individual consumption. This applies
both to the number of products ordered within a single order and the placing of
several orders for the same product where the individual orders comprise a
quantity that exceeds the typical individual consumption. What comprises a
typical individual's consumption quantity limit shall be based on various
factors and at the sole discretion of the Seller and may vary from individual
8.Disclaimer of Warranties and Liabilities
8.1.EARTHENCART does not make any representation or Warranty as to specifics (such as
quality, value, salability, etc.) of the products or services proposed to be
sold or offered to be sold or purchased on the Platform.
8.2.EARTHENCART does not
implicitly or explicitly support or endorse the sale or purchase of any specific
product or service on the Platform as it is only a marketplace for Sellers and
8.3.EARTHENCART accepts no liability for any errors
or omissions, whether on behalf of third parties and strive to correct such
errors or omissions at the earliest.
8.4.EARTHENCART is not responsible for any non-performance or breach of any contract entered
between User and Sellers.
8.5.EARTHENCART cannot and does not guarantee or warrant that the concerned User
and/or Sellers will perform any transaction concluded on the Platform.
8.6.“User Concern or disagreement” between Users and Sellers shall be
addressed by Earthencart under process as explained in point “User Concern”. EARTHENCART
is shall endeavor to ensure user and seller obligations for purchases and
payments on use of Earthencart Shopping Platform are fulfilled However,
Earthencart Shopping Platform is not legally obligated to mediate or resolve
any / all User Concern or disagreement between Users and Sellers, however.
8.7.EARTHENCART does not make any representation or warranty as to the product-specifics
(such as legal title, creditworthiness, identity, etc.) of any of its Users. User
are advised to independently verify the bona fides of any particulars. User
that choose to deal with on the Platform and shall use User best judgment in
that behalf. However, Earthencart shall make efforts to verify authenticity of
8.8.Seller and their products on Earthencart are assessed,
scrutinized, educated, and only thereafter added as seller on the Shopping
platform, however the same is no warranty or guarantee of Product or service
qualities and attributes for the User of the platform, as these constitutes
processes for internal use of Earthencart.
8.9.Earthencart Seller of these Conditions of Use forbid Product
having symbols or Image or design given for hosting by seller should not be
contain, construed or seem to be in a manner of promotion or hurting beliefs,
Sensibilities and respect of any of the religion, caste, creed and race
including any above action of user which endangers security or sovereignty of
India or friendly relations with foreign States; or objectionable or otherwise
unlawful in any manner whatsoever. Because EARTHENCART has multiple products
for sale offered by sellers on the website and hosts multiple comments, it is
not possible for us to be aware of the contents of each product listed for
sale, or each comment or review that is displayed. Accordingly, EARTHENCART operates
on a "notice received or noted and then action of removal of content"
basis. Hence, EARTHENCART accepts no liability for any errors or omissions,
whether on behalf of seller or third parties and strive to correct such errors or omissions at
8.10.EARTHENCART does not at any point of time during any transaction between User and
Seller on the Platform come into or take possession of any of the products or
services offered by Seller nor does it at any point gain title to or have
any rights or claims over the products or services offered by Seller to User.
8.11.At no time shall EARTHENCART hold any right, title or interest
over the products nor shall EARTHENCART have any obligations or
liabilities in respect of such contract entered between Users and Sellers. EARTHENCART
is not responsible for unsatisfactory or delayed performance of services or
damages or delays because of products which are out of stock, unavailable or
back ordered, however User may withing the terms of this agreement raise a User
Concern and same shall be handled by Earthencart Shopping Platform accordingly.
8.12.The EARTHENCART Shopping Platform is only a platform that can be
utilized by Users to reach a larger base to buy and sell products or services. EARTHENCART
is only providing a platform for communication and it is agreed that the
contract for sale of any of the products or services shall be a strictly
bipartite contract between the Seller and the User.
8.13.At no time shall EARTHENCART hold any right, title or interest
over the products nor shall EARTHENCART have any obligations or
liabilities in respect of such contract.
8.14.EARTHENCART is not responsible for unsatisfactory or delayed performance of
services or damages or delays because of products which are out of stock,
unavailable or back ordered.
8.15.This Platform, all the materials and products (including but not limited
to software) and services, included on or otherwise made available to User
through this site are provided on "as is" and "as
available" basis without any representation or warranties, express or
implied except otherwise specified in writing. Without prejudice to the
forgoing paragraph, EARTHENCART does not warrant that:
8.16.This Platform will be constantly available, or available at all; or the
information on this Platform is complete, true, accurate or non-misleading.
8.17.EARTHENCART will not be liable to User in any way or in relation to the Contents
of, or use of, or otherwise in connection with, the Platform.EARTHENCART
does not warrant that this site; information, Content, materials, product
(including software) or services included on or otherwise made available to
User through the Platform; their servers; or electronic communication sent from
Us are free of viruses or other harmful components.
8.18.Nothing on Platform constitutes, or is meant to constitute, advice of
any kind. All the Products sold on Platform are governed by different state
laws and if Seller is unable to deliver such Products due to implications of
different state laws, Seller will return or will give credit for the amount (if
any) received in advance by Seller from the sale of such Product that could not
be delivered to User.
8.19.User will be required to enter a valid phone number while placing an
order on the Platform. By registering User phone number with us, User consent
to be contacted by Us via phone calls, SMS notifications, mobile applications
and/or any other electronic mode of communication in case of any order or
shipment or delivery related updates. Earthencart will not use User personal
information to initiate any promotional phone calls or SMS.
8.20.Pricing on any product(s) as is reflected on the Platform may due to
some technical issue, typographical error or product information published by
seller may be incorrectly reflected and in such an event seller may cancel such
8.21.User release and indemnify EARTHENCART and/or any of its officers
and representatives from any cost, damage, liability or other consequence of
any of the actions of the Users of the Platform and specifically waive any
claims that User may have in this behalf under any applicable law. Notwithstanding
its reasonable efforts in that behalf, EARTHENCART cannot take
responsibility or control the information provided by other Users which is made
available on the Platform. User may find other User's information to be
offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution
and practice safe trading when using the Platform.
8.22.Please note that there could be risks in dealing with underage persons
or people acting under false pretense and Earthencart shall not be responsible
for any such incorrect behaviour.
8.23.EARTHENCART does not take responsibility or liability for the actions, products,
content and services on the Platform, which are linked to Affiliates and / or third-party
Platforms using Platform's APIs or otherwise. In addition, the Platform may
provide links to the third party Platforms of Our affiliated companies and
certain other businesses for which, EARTHENCART assumes no
responsibility for examining or evaluating the products and services offered by
them. EARTHENCART do not warrant the offerings of, any of these
businesses or individuals or the content of such third party Platform(s). EARTHENCART
does not endorse, in any way, any third party Platform(s) or content thereof.
9.Business Tax Invoice:
9.1.Certain products offered by sellers can qualify for GST Tax Invoice
purchases on the Platform.
9.1.1.Upon User purchase of product(s) eligible for GST Tax Invoice purchases,
User may be able to avail the benefits of GST input tax credit. Accordingly, at
User request, an invoice containing the GSTIN as provided by User ("Tax
Invoice") shall be issued to User by the Seller(s) selling such products.
9.1.2.GST invoice will have, inter alia, the following details printed on it:
-GSTIN associated with User registered GST Tax Invoice, as provided by User
9.1.3.Entity name of User registered GST Tax Invoice, as provided by User
9.1.4.Not all products are eligible for GST Tax Invoice purchases on the
Platform and the same is solely at the discretion of the Sellers. User will be
able to view the eligibility of Tax Invoice on the product page on the
9.1.5.Purchases on the Platform must only be for user end consumption, except
for business Users using Business to Busines (B2B) part of Earthencart Shopping
9.1.6.For seamless availment of input tax credit, kindly mention the delivery
address as the address which is mentioned as the registered place of business
as per the records of GST authority. Please note that availment of input tax
credit is subject to provisions of GST Act and rules.
9.1.7.The delivery and billing addresses will be required to be the same or
one of the users GST registered addresses, please note that input tax credit
will be denied by GST authority if the delivery address and GSTIN in the GST
invoice are of different states.
9.1.8.If GSTIN and/or GST Tax Invoice entity details are not provided by User,
it will be presumed that it is a personal purchase and not a GST Tax Invoice
9.1.9.EARTHENCART is not responsible to verify the correctness of the GSTIN and/or entity
name provided by User and User shall be entirely responsible to provide the
9.1.10.EARTHENCART and Seller shall not entertain any request for any revision in the GST
9.1.11.EARTHENCART and Seller shall not be liable for User default including for reasons
associated with details provided by User.
9.1.12.EARTHENCART shall not be liable for GST and other tax liability on Sale of Product
and is the sole responsibility of the Seller product.
9.1.13.EARTHENCART will not be liable in case User are not able to avail input tax credit
or if input tax credit is denied to User for any reason whatsoever.
9.1.14.User shall be solely liable for all compliances required under
9.1.15.User agree to indemnify and hold EARTHENCART and Seller harmless
from all losses, claims, costs, expenses, suits, proceedings, or any other
liability including any third-party claims (including any penalties imposed by
governmental authorities) arising out of or in connection with (i) the GSTIN and/or
entity name provided by User or the input tax credit claimed by User or User
use or misuse of the GST Invoice and (ii) User non-compliance with the
applicable laws or (iii) User use or misuse of any third-party’s details
9.1.16.EARTHENCART has the right to not allow GST Tax Invoice purchases on the Platform to
User if a fraudulent activity is identified.
9.1.17.Seller reserves the right to not issue Tax Invoice or issue a credit
note against an already issued Tax Invoice to cancel the transaction, if any
fraudulent activity is identified.
9.1.18.User shall independently agree upon the manner and terms and conditions
of delivery, payment, insurance etc. with the seller(s) that User transact
10.Platform Charges: For use or others
10.1.Membership on the Platform is free for users. EARTHENCART does
not charge any fee for browsing and buying on the Platform. EARTHENCART
reserves the right to change its Fee Policy from time to time. In particular, EARTHENCART
may at its sole discretion introduce new services and modify some or all of the
existing services offered on the Platform. In such an event EARTHENCART
reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. Changes to the
Fee Policy shall be posted on the Platform and such changes shall automatically
become effective immediately after they are posted on the Platform. Unless
otherwise stated, all fees shall be quoted in Indian Rupees. User shall be
solely responsible for compliance of all applicable laws including those in
India for making payments to EARTHENCART Internet Private Limited.
11.Use of the Platform
11.1.Users agree, undertake, and confirm that User use of Platform shall be
strictly governed by the following:
11.2.User shall not host, display, upload, modify, publish, transmit, update, or share any
11.3.belongs to another person and to which User does not have any right to;
11.4.is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner whatever; or
unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
11.4.1.is misleading in any way.
11.4.2.is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, pedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual.
11.4.3.harasses or advocates harassment of another person;
11.4.4.involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
11.4.5.promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory, or libelous.
11.4.6.infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity];
11.4.7.promotes an illegal or unauthorized copy of another person's copyrighted
work (see "Copyright complaint" below for instructions on how to
lodge a complaint about uploaded copyrighted material), such as providing
pirated computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
11.4.8.contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page)
11.4.9.provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
11.4.10.provides instructional information about illegal activities such as
making or buying illegal cartoons, violating someone's privacy, or providing or
creating computer viruses;
11.4.11.contains video, photographs, or images of another person (with a minor
or an adult).
11.4.12.tries to gain unauthorized access or exceeds the scope of authorized
access to the Platform or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Platform or solicits passwords
or personal identifying information for commercial or unlawful purposes from
11.4.13.engages in commercial activities and/or sales without Our prior written
consent such as contests, sweepstakes, barter, advertising and pyramid schemes,
or the buying or selling of "virtual" products related to the
consent means a communication coming from EARTHENCART's Legal
Department, specifically in response to User request, and specifically
addressing the activity or conduct for which User seek authorization;
11.4.14.solicits gambling or engages in any gambling activity which Earthencart,
in Our sole discretion, believes is or could be construed as being illegal
11.4.15.interferes with another USER's use and enjoyment of the Platform or any
other individual's User and enjoyment of similar services
11.4.16.refers to any Platform or URL that, in Our sole discretion, contains
material that is inappropriate for the Platform or any other Platform, contains
content that would be prohibited or violates the letter or spirit of these
11.4.17.harm minors in any way;
11.4.18.infringes any patent, trademark, copyright or other proprietary rights
or third party's trade secrets or rights of publicity or privacy or shall not
be fraudulent or involve the sale of counterfeit or stolen products;
11.4.19.violates any law for the time being in force;
11.4.20.deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive or menacing
11.4.21.impersonate another person;
11.4.22.contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the
functionality of any computer resource; or contains any trojan horses, worms,
time bombs, cancelbots, Easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information’s
11.4.23.threatens the unity, integrity, defense, security or sovereignty of
India, friendly relations with foreign states, or public order or causes incitement
to the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
11.4.24.shall not be false, inaccurate or misleading;
11.4.25.shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any product, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law, rule,
regulation or guideline for the time being in force.
11.4.26.shall not create liability for Earthencart or cause Earthencart to lose
(in whole or in part) the services of Our internet service provider
("ISPs") or other suppliers.
11.5.User shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. Earthencart reserve Our right to bar any such activity.
11.6.User shall not attempt to gain unauthorized access to any portion or
feature of the Platform, or any other systems or networks connected to the
Platform or to any server, computer, network, or to any of the services offered
on or through the Platform, by hacking, password "mining" or any
other illegitimate means.
11.7.User shall not probe, scan, or test the vulnerability of the Platform or
any network connected to the Platform nor breach the security or authentication
measures on the Platform, or any network connected to the Platform. User may
not reverse look-up, trace or seek to trace any information on any other User
of or visitor to Platform, or any other customer, including any account on the
Platform not owned by User, to its source, or exploit the Platform or any
service or information made available or offered by or through the Platform, in
any way where the purpose is to reveal any information, including but not
limited to personal identification or information, other than User own
information, as provided for by the Platform.
11.8.User shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about Us or the brand name or domain name used by Us including
the terms EARTHENCART, EARTHENCART.com, or otherwise engage in any conduct or
action that might tarnish the image or reputation, of EARTHENCART or
sellers on platform or otherwise tarnish or dilute any EARTHENCART's
trade or service marks, trade name and/or goodwill associated with such trade
or service marks, trade name as may be owned or used by us. User agree that User
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Platform or EARTHENCART's
systems or networks, or any systems or networks connected to EARTHENCART.
11.9.User agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Platform or any transaction
being conducted on the Platform, or with any other person's use of the
11.10.User may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal User send to Us on or
through the Platform or any service offered on or through the Platform. User
may not pretend that User are, or that User represent, someone else, or
impersonate any other individual or entity.
11.11.User may not use the Platform or any content for any purpose that is
any illegal activity or other activity which infringes the rights of EARTHENCART
and / or others.
12.1.1.User shall at all times ensure full compliance with the applicable
provisions of the Information Technology Act, 2000 and rules thereunder
as applicable and as amended from time to time and also all applicable Domestic
laws, rules and regulations (including the provisions of any applicable
Exchange Control Laws or Regulations in Force) and International Laws, Foreign
Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited
to Goods and Services Act (GST), Sales Tax/VAT, Prevention of Money Laundering
Act, 2002 and the rules made there under, Foreign Contribution Regulation Act,
1976 and the rules made there under, Income Tax Act, 1961 and the rules made
there under, Export Import Policy of government of India), Octroi, Service Tax,
Central Excise, Custom Duty, Local Levies) regarding User use of Our
service and User listing, purchase, solicitation of offers to purchase, and
sale of products or services. User shall not engage in any transaction in a product
or service, which is prohibited by the provisions of any applicable law
including exchange control laws or regulations for the time being in force and
further shall also apply for using Payment Facility and EARTHENCART Platform.
13.Other User & Sale covenants
13.1.1.For the purpose solely to enable Earthencart to utilize the information User
supplies Earthencart with, User agree to
grant Earthencart a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, database rights or any other rights for the information User
have in User Information/signup/ registration and thereafter during purchase or
later processes shared on the Earthencart platform and includes any media now
known or not currently known, with respect to User Information. Earthencart
Policy applicable to use of the Platform. This term is for the purpose that
Earthencart are not violating any rights User might of the User.
13.1.2.From time to time, User shall be responsible for providing information relating to the
products or services proposed to be sold by User. In this connection, User
undertake that all such information shall be accurate in all respects. User
shall not exaggerate or over emphasize the attributes of such products or
services to mislead other Users in any manner.
13.1.3.User shall not engage in advertising to, or solicitation of, other Users
of the Platform to buy or sell any products or services, including, but not
limited to, products or services related to that being displayed on the
Platform or related to us. User may not transmit any chain letters or
unsolicited commercial or junk email to other Users via the Platform. It shall
Platform in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to another person other than Us without
Our prior explicit consent. In order to protect Our Users from such advertising
13.1.4.Earthencart reserve the right to restrict the use of the Earthencart
shopping platform, number of messages or emails which a user may send to other
Users in any 24-hour period which Earthencart deems appropriate in its sole
discretion. User understand that Earthencart have the right at all times to
disclose any information (including the identity of the persons providing
information or materials on the Platform) as necessary to satisfy any law,
regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged
illegal activity or solicitation of illegal activity or in response to a lawful
court order or subpoena.
13.1.5.A user should be blocked temporarily or permanently, if Earthencart
concludes from its sources that for any act or use by user of any other
software that endanger functioning of Earthencart Shopping platform or hurts sentiments
of user / Earthencart policies etc.
13.1.6.Earthencart can (and User hereby expressly authorize Us to) disclose any
information about User to law enforcement or other government officials, as Earthencart,
in Our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
13.1.7.Earthencart reserve the right, but has no obligation, to monitor the
materials posted on the Platform. EARTHENCART shall have the right to
remove or edit any content that in its sole discretion violates, or is alleged
to violate, any applicable law or either the spirit or letter of these Terms of
Use. Notwithstanding this right, USER REMAIN SOLELY RESPONSIBLE FOR THE CONTENT
OF THE MATERIALS USER POST ON THE PLATFORM AND IN USER PRIVATE MESSAGES. Please
be advised that such Content posted does not necessarily reflect EARTHENCART
views. In no event shall EARTHENCART assume or have any responsibility
or liability for any Content posted or for any claims, damages or losses
resulting from use of Content and/or appearance of Content on the Platform.
13.1.8.User hereby represent and warrant that User have all necessary rights in
and to all Content which User provide and all information it contains and that
such Content shall not infringe any proprietary or other rights of third
parties or contain any libelous, tortious, or otherwise unlawful information.
13.1.9.User correspondence or GST Tax Invoice dealings with, or participation
in promotions of, advertisers found on or through the Platform, including
payment and delivery of related products or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between User and such advertiser. Earthencart shall not be
responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings or as the result of the presence of such advertisers on
13.1.10.It is possible that other users (including unauthorized users or
"hackers") may post or transmit offensive or obscene materials on the
Platform and that User may be involuntarily exposed to such offensive and
obscene materials. It also is possible for others to obtain personal
information about User due to User use of the Platform, and that the recipient
may use such information to harass or injure User. Earthencart does not approve
of such unauthorized uses, but by using the Platform User acknowledge and agree
that Earthencart are not responsible for the use of any personal information
that User publicly disclose or share with others on the Platform. Please
carefully select the type of information that User publicly disclose or share
with others on the Platform.
13.1.11.EARTHENCART shall have all the rights to take necessary action and claim damages
that may occur due to User involvement/participation in any way on User own or
through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services).
13.1.12.If User choose to browse or transact on the Platform using the voice
command-based shopping feature, User acknowledge that EARTHENCART and /or
its affiliates will collect, store and use User voice inputs on this feature to
customize User experience and provide additional functionality as Earthencart
as to improve EARTHENCART’s and/or its affiliates’ products and
services. EARTHENCART’s and/or its affiliates’ use of User voice data
that User use of this feature is restricted to the territory of the Republic of
India. This feature may not be accessible on certain devices and requires an
internet connection. EARTHENCART reserves the right to change, enhance,
suspend, or discontinue this feature, or any part of it, at any time without
notice to User. User continued use of this feature constitutes User acceptance
of the terms related to this feature.
13.2.Contents Posted on Platform
13.2.1.All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively,
"Content"), is a third party user/sellers generated content
and EARTHENCART has no control over such third party / seller user
generated content as EARTHENCART is merely an intermediary for the
Platform and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server,
Platform or other medium for publication or distribution or for any commercial
enterprise, without EARTHENCART's express prior written consent.
may approach the user for their user feedback and request theme to upload it on
the website including photos, video. Such feedback shall comply with the terms
of above point “Use of Platform”.
15.Use of Information
15.1.User may use information on the products and services purposely made
available on the Platform for downloading, provided that User (1) do not
remove any proprietary notice language in all copies of such documents, (2) use
such information only for User personal, non-commercial informational purpose
and do not copy or post such information on any networked computer or broadcast
it in any media, (3) make no modifications to any such information, and (4) do
not make any additional representations or warranties relating to such
15.2.User shall be responsible for any notes, messages, emails, reviews,
ratings, billboard postings, photos, drawings, profiles, opinions, Earthencart
Innovations, images, videos, audio files or other materials or information posted
or transmitted to the Platform (collectively, "Content"). Such
Content will become Our property and User grant Us the worldwide, perpetual and
transferable rights in such Content. Earthencart shall be entitled to,
law, use the Content or any of its elements for any type of use forever,
including but not limited to promotional and advertising purposes and in any
media whether now known or hereafter devised, including the creation of
derivative works that may include the Content User provide. User agree that any
Rules of Conduct on Site as mentioned herein, and User are not entitled to any
payment or other compensation for such use.
15.3.SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS
AND THEREFORE VIEWERS DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE
PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR
LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR
CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.
16.1.1.Earthencart view protection of User privacy as an especially important
principle. Earthencart understand clearly that User and User Personal
Information is one of Our most important assets. Earthencart store and process User
Information including any sensitive financial information collected (as
defined under the Information Technology Act, 2000), if any, on computers
that may be protected by physical as Earthencart as reasonable technological
security measures and procedures in accordance with Information Technology Act
2000 and Rules there under.
at bottom of our website, by accepting this “Condition of Use of Shopping
objects to User Information being transferred or used in this way, we request
user not use Earthencart Shopping Platform in such case.
16.1.4.Disclosure of Personal Information (External): Earthencart may disclose
personal information with agencies to comply, assist, meet Legal requirements
and good faith belief that such disclosure is reasonably necessary for Indian
Laws as required to meet the business objectives and enforce our Conditions of
personal information to third parties for any activity not related to Services
and delivery of products from Earthencart Shopping Platform.
16.1.5.Earthencart and our affiliates will share / sell some or all of User
personal information with another business entity should Earthencart (or our
assets) plan to merge with, or be acquired by that business entity, or
re-organization, amalgamation, restructuring of business. Should such a
transaction occur that other business entity (or the new combined entity) will
17.1.1.While availing any of the payment method/s available on the Platform, Earthencart
will not be responsible or assume any liability, whatsoever in respect of any
loss or damage arising directly or indirectly to User due to:
17.1.2.Lack of authorization for any transaction/s, or
17.1.3.Exceeding the preset limit mutually agreed by User and between "Bank/s",
17.1.4.Any payment issues arising out of the transaction, or
17.1.5.Decline of transaction for any other reason/s
17.1.6.All payments made against the purchases/services on Platform by User
shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform
will not facilitate transaction with respect to any other form of currency with
respect to the purchases made on Platform.
17.1.7.Before shipping / delivering User order to User, Seller may request User
to provide supporting documents (including but not limited to Govt. issued ID
and address proof) to establish the ownership of the payment instrument used by
User for User purchase. This is done in the interest of providing a safe online
shopping environment to Our Users
17.1.8.Booked order, fulfilled order, Final Order Value, Final Seller Selling Price, Final Customer Payment Value, Earthencart Product Exclusivity serviceand all commercial
terms such as Delivery, Dispatch of products and/or services are as per
principal to principal bipartite contractual obligations between User and
Seller and payment facility is merely used by the User and Seller to facilitate
the completion of the Final Customer Payment Value Transaction. Use of the payment
facility may result in errors and cause non-delivery, non-receipt,
non-payment, damage, breach of representations and warranties, non-provision of
after sales or warranty services or fraud as regards the products and /or
services listed on EARTHENCART's Platform. As payment facility is a third-party
facility, Earthencart shall not be liable or responsible for such errors. However,
Earthencart shall address such errors through “User Concern” facility to
resolve such issues.
17.1.9.User have specifically authorized EARTHENCART or its service
providers to collect, process, facilitate and remit payments and / or the Final
Customer Payment Value Transaction Price electronically or through Cash on
Delivery to and from other Users in respect of Final Customer Payment Value Transactions
through Payment Facility. User relationship with EARTHENCART is on a
that EARTHENCART is an independent contractor for all purposes, and does
not have control of or liability for the products or services that are listed
on EARTHENCART's Platform that are paid for by using the Payment
Facility. EARTHENCART reserves the right for disclosure of User or
Seller as the case maybe nor does it ensure that a User or a Seller will
complete a Final Customer Payment Value Transaction.
17.1.10.Users understand, accept and agree that the payment facility provided by
EARTHENCART is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through Cash On Delivery, collection and remittance facility
for the Final Customer Payment Value Transactions on the EARTHENCART
Platform using the existing authorized banking infrastructure and Credit Card
payment gateway networks. Further, by providing Payment Facility, EARTHENCART
is neither acting as trustees nor acting in a fiduciary capacity with respect
to the Final Customer Payment Value Transaction or the Final Customer Payment
Value Transaction Price.
18.Payment Gateway for Users &
18.1.1.User, as a User, understand that upon initiating a Final Customer
Payment Value Transaction User are entering into a legally binding and
enforceable contract with the Seller to purchase the products and /or services
from the Seller using the Payment Facility, and User shall pay the Final
Customer Payment Value Transaction Price through User Issuing Bank to the
Seller using Payment Facility.
18.1.2.User, as a User, may agree with the Seller through electronic
communication and electronic records and using the automated features as may be
provided by Payment Facility on any extension / increase in the Dispatch and/or
Delivery time and the Final Customer Payment Value Transaction shall stand
amended to such extent. Any such extension / increase of Dispatch / Delivery
time or subsequent novation / variation of the Final Customer Payment Value
Transaction should be in compliance with Payment Facility Rules and Policies.
18.1.3.User, as a User, shall notify issues with Payment Facility, Delivery or
Non-Delivery or any other issue using the appropriate EARTHENCART Platform “User
Concern” section. Non notification by User of Delivery or non-Delivery within
the time period specified in the Policies shall be construed as a deemed
Delivery in respect of that Final Customer Payment Value Transaction. In case
of ‘Cash-on-Delivery’, Final Customer Payment Value Transactions, User is not
required to confirm the receipt of products or services.
18.1.4.User, as a User, shall be entitled to claim a refund of the Final
Customer Payment Value Transaction Price (as User sole and exclusive remedy)
in case User do not receive the Delivery within the time period agreed in the Final
Customer Payment Value Transaction or within the time period as provided in the
Policies, whichever is earlier. In case User do not raise a refund, claim using
Platform features within the stipulated time than this would make User
ineligible for a refund.
18.1.5.User, as a User, understand that the Payment Facility may not be
available in full or in part for certain category of products and/or services
and/or Final Customer Payment Value Transactions as mentioned in the Policies
and hence User may not be entitled to a refund in respect of the Final Customer
Payment Value Transactions for those products and /or services
18.1.6.Except for Cash On Delivery Final Customer Payment Value Transaction,
refund, if any, shall be made at the same Issuing Bank from where Final
Customer Payment Value Transaction Price was received, or through any other
method available on the Platform, as chosen by User.
18.1.7.For Cash On Delivery Final Customer Payment Value Transactions, refunds,
if any, will be made via electronic payment transfers.
18.1.8.Refund shall be made in Indian Rupees only and shall be equivalent to
the Final Customer Payment Value Transaction Price received in Indian Rupees
for that portion of the order refunded.
18.1.9.For electronics payments, refund shall be made through payment facility
using NEFT / RTGS or any other online banking / electronic funds transfer
system approved by Reserve Bank India (RBI).
18.1.10.Refunds may be supported for select banks. Where a bank is not supported
for processing refunds, User will be required to share alternate bank account
details with us for processing the refund.
18.1.11.Refund shall be conditional and shall be with recourse available to EARTHENCART
in case of any misuse by User.
18.1.12.Earthencart may also request User for additional documents for verification.
18.1.13.Refund shall be subject to User complying with Policies.
18.1.14.EARTHENCART reserves the right to impose limits on the number of Final Customer
Payment Value Transactions or Final Customer Payment Value Transaction Price
which EARTHENCART may receive from on an individual Valid Credit/Debit/
Cash Card / Valid Bank Account/ and such other infrastructure or any other
financial instrument directly or indirectly through payment aggregator or
through any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment or by an
individual User during any time period, and reserves the right to refuse to
process Final Customer Payment Value Transactions exceeding such limit.
18.1.15.EARTHENCART reserves the right to refuse to process Final Customer Payment Value
Transactions by Users with a prior history of questionable charges including
without limitation breach of any agreements by User with EARTHENCART or
breach/violation of any law or any charges imposed by Issuing Bank or breach of
18.1.16.EARTHENCART may do such checks as it deems fit before approving the receipt of/Users
commitment to pay (for Cash On Delivery Final Customer Payment Value
Transactions) Final Customer Payment Value Transaction Price from the User for
security or other reasons at the discretion of EARTHENCART. As a result
of such check if EARTHENCART is not satisfied with the creditability of
the User or genuineness of the Final Customer Payment Value Transaction or other
reasons at its sole discretion, EARTHENCART shall have the right to
reject the receipt of / Users commitment to pay Final Customer Payment Value
Transaction Price. For avoidance of doubt, it is hereby clarified that the
‘Cash on Delivery’ feature for payment, may be disabled for certain account
users, at the sole discretion of EARTHENCART.
18.1.17.EARTHENCART may delay notifying the payment confirmation i.e. informing Seller to
Dispatch, if EARTHENCART deems suspicious or for Users conducting high Final
Customer Payment Value Transaction volumes to ensure safety of the Final
Customer Payment Value Transaction and Final Customer Payment Value Transaction
Price. In addition, EARTHENCART may hold Final Customer Payment Value
Transaction Price and EARTHENCART may not inform Seller to Dispatch or
remit Final Customer Payment Value Transaction Price to law enforcement
officials (instead of refunding the same to User) at the request of law
enforcement officials or in the event the User is engaged in any form of
18.1.18.The User and Seller acknowledge that EARTHENCART will not be
liable for any damages, interests or claims etc. resulting from not processing
a or any delay in processing a Final Customer Payment Value Transaction / Final
Customer Payment Value Transaction Price which is beyond control of EARTHENCART.
19.Compliance- National and
19.1.Earthencart reserves the right to request prior PAN of User where a
transaction value or multiple transaction value in a Financial year of an
amount equal to or above INR 2,00,000 (Two Lakh Only). The Customer will be
required to upload a scanned copy of his/her PAN card on the Platform, before
making the purchase, failing which, the purchase made by the Customer will be
cancelled. The requirement to submit the PAN card arises only once and if it
has been submitted once by the Customer, it need not be submitted again. The
order of the Customer shall stand cancelled if there is a discrepancy between
the name of the Customer and the name on the PAN Card.
20.User's arrangement with Issuing Bank:
20.1.All Valid Credit / Debit/ Cash Card/ and other payment instruments are
processed using a Credit Card payment gateway or appropriate payment
system infrastructure and the same will also be governed by the terms and
conditions agreed to between the User and the respective Issuing Bank and
payment instrument issuing company.
20.2.All Online Bank Transfers from Valid Bank Accounts are processed using
the gateway provided by the respective Issuing Bank which support Payment
Facility to provide these services to the Users. All such Online Bank Transfers
on Payment Facility are also governed by the terms and conditions agreed to
between User and the respective Issuing Bank.
21.Conditions of “Sale”, “Order Return” or
“Return” of Goods Policy
21.1.If EARTHENCART has any suspicion or knowledge that any of its
users and sellers are involved in any activity that is intended to provide
claims or information that is false or not genuine, EARTHENCART may
also, while reserving its rights to initiate civil and/or criminal proceedings
against such member users and sellers, at its sole discretion, suspend, block,
restrict, cancel the Display Name of such users and sellers and/or disqualify
that user and any related users from availing protection through this program.
Customers who have been blocked for any suspicious or fraudulent activity on EARTHENCART
will not be allowed to return their products.
21.2.EARTHENCART reserves its right to initiate civil and/or criminal proceedings
against a user who, files an invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, EARTHENCART may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such user
and/or disqualify that user and any related users from availing protection
through this program. Any person who, knowingly and with intent to injure,
defraud or deceive, files a Fraudulent Complaint containing false, incomplete,
or misleading information may be guilty of a criminal offence and will be
prosecuted to the fullest extent of the law.
21.3.One of the endeavors of Users concern Policy of Earthencart is to assist
Users with replacement of items. If at the time of delivery and/or within
specified days from the date of delivery of the product/s, if any defect is
found, then the user of the product/s can ask for replacement of the product/s
from the seller.
21.4.Products distributed as gifts from state sponsored or NGO funded
distribution programs are not accepted for exchange under Return
21.5.Other Conditions of “Sale”, “Order
Return” or “Return” of Goods Policy
21.5.1.User should be advised that seller is
solely responsible for quality, safety standards, all Government laws relating
to product and product delivery.
21.5.2.Earthencart shall address User concerns
for all of the above cases which are registered under “User concern” within
21.5.3.Return policy on a product varies for
each product therefore Earthencart has mentioned these on the individual
product page itself for your convenience so it can be reviewed at the time of
21.5.4.Request for Refund/Replacement if any,
has to be made within stipulated time (as mentioned on the product page) of the
packet received. Any request made later than that will not be considered.
21.5.5.To raise the Return request, Please login
with your credentials and visit the User Account/Orders section. Select the
order/product you want to return and click on “Return/Replace” and follow the
instructions on this page.
21.5.6.Returns/Replacements are subject to
verification and checks of the products.
21.5.7.Before raising the request, please make
sure that Product is NOT used, washed and is without any stains and with
non-tampered quality check seals/ warranty seals (wherever applicable). In case
of Clothes, make sure that any smell does not get transferred to the product
(natural body odour, body deodorant, perfume etc.).
21.5.8.The price tags, brand tags, gift-box and
all original packaging must be present/intact.
21.5.9.If the product received does not pass the
verification and checks, the product shall be shipped back to you.
21.5.10.Replacement is subject to availability of
the product. In case the replacement product is out of stock, a refund shall be
21.5.11.Delivery cost (where applicable), will
not be refunded in case of Returns.
21.5.12.For Return/Replacement of fragile items,
User are requested to pay for freight cost.
22.Limitation of liability:
22.1.By using the Services, you agree that the liability of EARTHENCART,
its parents, affiliates, related companies, officers, directors, employees,
agents, representatives, partners and licensors, shall be limited to the
maximum extent permissible by applicable law. In no case shall EARTHENCART,
its directors, officers, employees, affiliates, agents, contractors,
principals, or licensors be liable for any direct, indirect, incidental,
punitive, special, or consequential damages arising from your use of the
Services or products or any Content or for any other claim related in any way
to your access to the Platform and/or use of the Services, including, but not
limited to, any errors or omissions in any Content or information on the
Platform, or any loss or damage of any kind incurred as a result of the use of
the Services and/or reliance on any Content or information on the Platform.
23.1.1.User shall defend, indemnify and hold harmless EARTHENCART its
owners, affiliates, subsidiaries, group companies, partners (as applicable),
and their respective officers, directors, agents, and employees
(" Indemnified Parties"), from and against any claim, demand,
damages, obligations, penalty, losses or actions (including reasonable
attorneys' fees) made by any third party against the Indemnified Parties or
imposed against the Indemnified Parties, due to or arising out of your or your
any other policies; or (b) violation of any applicable law, rules, regulations;
or (c) violation of the rights (including infringement of intellectual property
rights) of a third party or EARTHENCART; or (d) unauthorized, improper,
illegal or wrongful use of your EARTHENCART account (including by you or
by any person, including a third party, whether or not authorized or permitted
indemnification obligation will survive the expiry or termination of these
Terms and/or your use of the Service.
24.1.1.You agree that EARTHENCART shall be under no liability whatsoever
to you in the event of non-availability of the Platform and/or any of the
Services or any portion thereof, occasioned by an Act of God, war, disease,
revolution, riot, civil commotion, strike, lockout, flood, fire, satellite
failure, failure of any public utility, man-made disaster, satellite failure or
any other cause whatsoever beyond the control of EARTHENCART (including
any event which is caused by the failure or non-performance on the part of the
Content Owners or the Platform Partners).
25.Governing laws & Jurisdiction
25.1.These Terms shall be governed, interpreted, and construed in accordance
with the laws of India, without regard to the conflict of law provisions and
for resolution of any User Concern arising out of your use of the Services or
in relation to these Terms. Notwithstanding the foregoing, you agree that (i) EARTHENCART
has the right to bring any proceedings before any court/forum of competent
jurisdiction and you irrevocably submit to the jurisdiction of such courts or
forum; and (ii) any proceeding brought by you shall be exclusively before the
courts in Vadodara, India.
25.2.Jurisdictional Issues/Sale in India Only. Unless otherwise specified,
the material on the Platform is presented solely for the purpose of sale in India.
EARTHENCART make no representation that materials in the Platform are
appropriate or available for use in other locations/Countries other than India.
Those who choose to access this site from other locations/Countries other than
India do so on their own initiative and EARTHENCART is not responsible
for supply of products/refund for the products ordered from other
locations/Countries other than India, compliance with local laws, if and to the
extent local laws are applicable.
26.1.If any provision of these Terms is held invalid, void, or unenforceable,
then that provision shall be considered severable from the remaining
provisions, and the remaining provisions shall be given full force and effect.
27.1.We may revise these Terms from time to time, without prior notice to
you, to update, revise, supplement, and otherwise modify these Terms and to
impose new or additional rules, policies, terms, or conditions on your use of
the Service. Any updates, revisions, supplements, modifications, and additional
rules, policies, terms, and conditions will be posted on the Platform and will
be effective immediately after such posting and we recommend that you
periodically check these Terms on the Platform for such revised terms. Your
continued use of the Services and/or the Platform will be deemed to constitute
your acceptance of any and all such revised terms.
be prescribed by EARTHENCART from time to time, constitute the entire
agreement between you and EARTHENCART, which will govern your use of or
access to the Services and/or the Platform, superseding any prior agreements
between you and EARTHENCART regarding such use or access.
28.2.Users agree to the Terms and conditions
of Shopping Platform – Earthencart.com the
user affirms that user understands the English written therein and where the user
is not familiar with the English language the seller has translated the same
for their understanding.)
29.1.You acknowledge that your representations, undertakings, and warranties
and the clauses relating to indemnities, limitation of liability, grant of
license, governing law shall survive the efflux of time and the termination of
30.Trademark, Copyright and Restriction
30.1.This site is controlled and operated by EARTHENCART and products
are sold by respective Sellers. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by copyrights, trademarks,
and other intellectual property rights. Material on Platform is solely for Your
personal, non-commercial use. You must not copy, reproduce, republish, upload,
post, transmit or distribute such material in any way, including by email or
other electronic means and whether directly or indirectly and You must not
assist any other person to do so. Without the prior written consent of the
owner, modification of the materials, use of the materials on any other
Platform or networked computer environment or use of the materials for any
purpose other than personal, non-commercial use is a violation of the
copyrights, trademarks and other proprietary rights, and is prohibited. Any use
for which You receive any remuneration, whether in money or otherwise, is a commercial
use for the purposes of this clause.
30.2.1.EARTHENCART respects the intellectual property of others. In case You feel that
Your Trademark has been infringed, You can write to EARTHENCART at [email protected]
31.Limitation of Liability
31.1.IN NO EVENT SHALL EARTHENCART BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH
POSSIBILITY OF SUCH DAMAGES.
32.1.Please [contact us] for any questions or comments (including all
inquiries unrelated to copyright infringement) regarding this Platform.
33.1.In accordance with Information Technology Act 2000 and rules made there
under and the Consumer Protection (E-Commerce) Rules, 2020, the name and
contact details of the Grievance Officer can be taken by writing to [email protected]
34.1.1.EARTHENCART prohibits the use of language that is racist, hateful, sexual or
obscene in nature in a public area.
34.1.2.This policy extends to text within listings, on Seller pages and all
other areas of the site that another User may view. If the profane words are
part of a title for the product being sold, we allow Sellers to 'blur' out the
bulk of the offending word with asterisks (i.e., s*** or f***).
34.1.3.Please report any violations of this policy to the correct area for
34.1.4.Report offensive Display Names
34.1.5.Report offensive language in a listing or otherwise
34.2.FEEDBACK: If a feedback comment; or any communication made between Users on the
Platform; or email communication between Users in relation to Final Customer
Payment Value Transactions conducted on Platform contain profanity, please
review Our feedback removal policy and submit a request for action/removal.
34.3.Disciplinary action: Disciplinary action may result in the indefinite
suspension of a User's account, temporary suspension, or a formal warning.
34.3.1.EARTHENCART will consider the circumstances of an alleged policy violation and the
user's trading records before taking action.
34.3.2.Violations of this policy may result in a range of actions, including:
184.108.40.206.Limits placed on account privileges;
220.127.116.11.Loss of special status;
34.3.3.EARTHENCART shall have the right to delete a product review posted by the customer
at its sole discretion, if it is of the opinion that the review contains
offensive language as stated above. Further, if EARTHENCART is of the
opinion that the review unfairly either: (i) causes disadvantage to a product;
or (ii) increases the popularity of the product, EARTHENCART shall have
the right to delete the customer review. EARTHENCART shall also, at its
sole discretion have the right to blacklist the customer from posting any further
35.1.A ' User Concern' can be defined as a disagreement between a User
and a Seller in connection with a transaction on the Platform.
35.2.User Concern are filed as a result of a disagreement between the User and the Seller
when the user is not completely satisfied with the product or services from
Earthencart Shopping Platform marketplace and the resolution of their
complaint/issue (if any).
35.3.Whenever there is a User Concern occurs, the User can write
to [email protected]in order to raise User Concern.
35.4.What are the various types of 'User Concerns'?
35.4.1.Following are the indicative examples of potential User Concerns:
18.104.22.168.Wrong product received
22.214.171.124.Product Not as described
126.96.36.199.Damaged or Seal broken on Product
188.8.131.52.Product not Compatible
184.108.40.206.Seller Description/Specification Wrong
220.127.116.11.Defective (Functional issues)
18.104.22.168.Product not working and Manufacturer claims invalid Invoice
22.214.171.124.Product not as described - meaning product is not what User expected.
35.4.2.User Concern will be decided in accordance with the “User Concern
126.96.36.199.Earthencart team will endeavors to address and resolve every User
Concern, however Earthencart shall not Policy always a favorable resolution in
favour of User. Further Earthencart will
not facilitate a conference call and will acts as the honest bridge between
customer and seller.
188.8.131.52.When a User Concern has been raised, EARTHENCART may provide both
the parties’ access to each other’s Display Names, contact details including
email addresses and other details pertaining to the User Concern. Users and
Sellers are subject to final consent from EARTHENCART for settling the
36.User Eligibility and Restrictions
36.1.Only the Users who have purchased the product on EARTHENCART are
eligible for the following.
36.1.1.Users can file a “User Concern” within 30 days from the date of delivery
of the product
36.1.2.Any damage or loss to the product after delivery will not be covered
under this program and will completely be the User's responsibility. Users
should refuse to accept delivery if the product is damaged.
36.1.3.Fraudulent charges and claims are not covered under
and Blocked Users are not covered by the Earthencart service following such action.
36.2.1.Users can make a maximum of 5 claims per year on EARTHENCART. If
the claim was withdrawn, it is not counted. Users who have reached their
maximum lifetime limit for claims are also not eligible for further claims. The
claim amount will be limited to lower of Rs 5,000 or 100% of the “Final User Selling Price” of a Product (as further reduced by the value of loyalty points used if any).
36.2.2.Raising User Concerns against Sellers does not automatically entitle the
User to a refund or replacement for the product purchased. EARTHENCART
shall verify the User Concerns so raised and may process only such claims that
are valid and genuine.
36.2.3.EARTHENCART shall at no point be responsible for any direct or indirect losses,
expenses, costs of any nature whatsoever that may be incurred by any
36.2.4.Claims of the nature of 'User remorse' (i.e. instances where products
are bought by the User by mistake or where the User chooses to change his/her
mind with regard to the product purchased by him) will not be entertained
through User Concern option.
36.2.5.EARTHENCART reserves its right to initiate civil and/or criminal proceedings
against a User who, files an invalid and/or false claims or provides false,
incomplete, or misleading information. In addition to the legal proceedings as
aforesaid, EARTHENCART may at its sole discretion suspend, block,
restrict, cancel the Display Name [and its related Display Names] of such User
and/or disqualify that user and any related users from availing protection
through this program.
36.2.6.Decisions made by EARTHENCART under the “User Concern option”
shall be final and binding on its Users.
36.2.7.EARTHENCART reserves the right to modify / discontinue access to Earthencart
Shopping Platform without any prior notice period to its Users.
36.2.8.Through this program, EARTHENCART shall not entertain claims of
Users who have incurred loss due to delayed shipment or delivery of the product
by the Seller.
36.2.9.EARTHENCART Customer Support Team may seek additional information / clarification
from User to facilitate resolution of the User Concern. In the event User does
not respond with information / clarification sought within 10 days of such
request, the User Concern shall be auto closed in favour of the Seller.
36.3.User Concerns via Chargeback
36.3.1.Whenever a chargeback (CB) comes from a payment gateway/bank, following
situations may arise:
36.3.2.Product not received CB - User has not received the product. Refund will
be created in accordance with the User Concern policies
36.3.3.Unauthorized CB - User has not made this particular Final Customer Payment Value
Transaction. Refund will be created in accordance with the User Concern
36.3.4.User expressly agrees that issuing the correct and complete invoice is
the sole and primary responsibility of the Seller. Furthermore, Seller may
state "Powered by EARTHENCART" on his Invoice to the User.
37.Email Abuse & Threat Policy
37.1.Private communication, including email correspondence, is not regulated
by EARTHENCART. EARTHENCART encourages its Users to be
professional, courteous and respectful when communicating by email. However, EARTHENCART
will investigate and can take action on certain types of unwanted emails that
violate EARTHENCART policies.
37.2.Such instances as below:
37.2.1.Threats of Bodily Harm - EARTHENCART does not permit Users to
send explicit threats of bodily harm.
37.2.2.Misuse of EARTHENCART System - EARTHENCART allows Users to
facilitate Final Customer Payment Value Transactions through the EARTHENCART
system, but will investigate any misuse of this service. Spoof (Fake) email
- EARTHENCART will never ask you to provide sensitive information
through email. In case you receive any spoof (fake) email, you are requested to
report the same to Us through 'Contact Us' tab.
37.2.3.Spam (Unsolicited Commercial email) - EARTHENCART's spam policy
applies only to unsolicited commercial messages sent by EARTHENCART
Users. EARTHENCART Users are not allowed to send spam messages to other
37.2.4.Offers to Buy or Sell Outside of EARTHENCART - EARTHENCART
prohibits email offers to buy or sell listed products outside of the EARTHENCART
Platform. Offers of this nature are a potential fraud risk for both Users and
37.3.EARTHENCART policy prohibits user-to-user threats of physical harm via any method
including, phone, email and on Our public message boards.
37.4.Violations of this policy may result in a range of actions, including:
37.4.1.Limits on account privileges
37.4.3.Cancellation of listings
37.4.4.Loss of special status
38.Reporting Listing Violations by Users
38.1.EARTHENCART has put in place EARTHENCART Infringement Verification process
so that intellectual property owners could easily report listings that infringe
their rights. It is in EARTHENCART's interest to ensure that infringing
products are removed from the site, as they erode User and good Seller trust.
38.2.If you are a Verified Rights Owner and want to report a listing issue.
Only the intellectual property rights owner can report potentially infringing
products or listings through Infringement Verification process. If you are not
the intellectual property rights owner, you can still help by getting in touch
with the rights owner and encouraging them to contact Earthencart.
38.3.If your listing was removed through Infringement Verification process,
and you believe that your listing was removed in error, please contact
Earthencart for the same.
38.4.EARTHENCART does not and cannot verify that Sellers have the right or ability to
sell or distribute their listed products. However, EARTHENCART is
committed to removing infringing or unlicensed products once an authorized
representative of the rights owner properly reports them to EARTHENCART.
38.5.Infringement Verification process works to ensure that product listings
do not infringe upon the copyright, trademark or other intellectual property
rights of third parties. INFRINGEMENT VERIFICATION PROCESS participants have
the ability to identify and request removal of allegedly infringing products and
38.6.Any person or company who holds intellectual property rights (such as a
copyright, trademark or patent) which may be infringed upon by products listed
on EARTHENCART is encouraged to become a INFRINGEMENT VERIFICATION
38.7.Program membership entitles you (Verified Rights Owner) to the following
38.8.Rapid response by EARTHENCART in ending listings reported by you
(as the Verified Rights Owner) as allegedly infringing
38.9.Dedicated priority email queues for reporting alleged infringements
38.10.The ability to obtain identifying information about EARTHENCART's
39.1.Trademark owner doesn't make this type of product or has discontinued
the production of the product
39.2.Product(s) is an unlawful replica of a product made by the trademark
owner or is counterfeit
39.3.Trademark-listing description infringement
39.3.1.Listing(s) has unlawful comparison to trademark owner's brand or product
39.3.2.Listing(s) contains unlawful use of trademark owner's logo
39.4.1.Product(s) is an unlawful copy
39.4.2.Product(s) is unlawful duplication of printed material
39.4.3.Product(s) is an unlawful copy of other copyrighted work (paintings,
39.5.Copyright-listing content infringement
39.5.1.Listing(s) comprises unauthorized copy of copyrighted text
39.5.2.Listing(s) comprises unauthorized copy of copyrighted image
39.5.3.Listing(s) comprises unauthorized copy of copyrighted image and text
I, [name] ___________________________
of [address] ____________________ do solemnly and sincerely declare as follows:
I am the owner of certain
intellectual property rights / Trademark/ Copyright / Patent, said owner being
named __________________ ("IP Owner").
I have a good faith belief that the
product listings or materials identified in the annexure attached hereto are
not authorised by the above IP Owner, its agent, or the law and therefore
infringe the IP Owner's rights. Please expeditiously remove or disable access
to the material or products claimed to be infringing.
I may be contacted at:
Title & Company
and I make this declaration
conscientiously believing it to be true and correct.
Declared by _____________________on
[date] _______ in [place]________
Addendum to Notice of Infringement:
List of Allegedly Infringing
Listings, Products, or Materials
A Note on Reason Codes: When identifying product numbers
please use the reasons below. When removing products from the site, EARTHENCART
will inform Sellers of the specific reason for the removal of their products.
40.Contacting the Seller
40.1.At EARTHENCART we are committed towards ensuring that User
Concerns between sellers and users are settled amicably by way of the above User
Concern resolution mechanisms and procedures. However, in the event that a user
wishes to contact the seller, he/ she may proceed to do so by accessing the
seller related information made available by the sellers on their product
listing pages. Alternatively, the users may also reach out to customer support-
Collection: User Information
Use: Of User Profile & Demographic
Sharing: User personal information
Links to Other Sites
Opt-Out option & choices
Advertisements on EARTHENCART Shopping
SHOPPING PLATFORM recognise the need and importance of Users Information
Retail LLP and its associates, agents and affiliates (collectively also
called and means in this policy document “EARTHENCART” (which means and
includes “Earthencart, EARTHENCART SHOPPING PLATFORM”, www.EARTHENCART.com)” collect, use, give access, share or otherwise
process “User’s” personal information through EARTHENCART SHOPPING
PLATFORM, www.EARTHENCART.com, its mobile application, or other electronic and
visit the EARTHENCART Shopping Platform, providing Earthencart information or
availing Earthencart product / service, User expressly agree to be bound by the
the Condition of Use and the Condition of Sale the applicable service / product terms and
conditions. If User do not agree, please do not access, or use EARTHENCART
2.1.When User use
EARTHENCART Shopping Platform, collect and store Earthencart information which
is provided by User from time to time. In general, User can browse the
EARTHENCART Shopping Platform without telling us who User are or revealing any
personal information about user. Once User give us Earthencart personal
information, User are not anonymous to us. Where possible, EARTHENCART SHOPPING
PLATFORM indicate which fields are required and which fields are optional. User
always have the option to not provide information by choosing not to use a
particular service, product, or feature on the EARTHENCART Shopping Platform.
SHOPPING PLATFORM as part of its efforts to better understand and provide
preferred products and services may track User buying behaviour, preferences,
and other information that User choose to provide on EARTHENCART Shopping
Platform. EARTHENCART SHOPPING PLATFORM shall use this information to do
internal research on Earthencart users' demographics, interests, and behaviour
to better understand, protect and serve Earthencart users. This information is
compiled and analysed on an aggregated basis. This information may include the
URL that User used / came from (whether this URL is on EARTHENCART Shopping
Platform or not), which URL User next go to (whether this URL is on EARTHENCART
Shopping Platform or not), User computer browser information, and User IP
SHOPPING PLATFORM collect personal information (such as email address, delivery
address, name, phone number, credit card / debit card, UPI, epayment and other
payment instrument details) from User when User set up an account or transact
with us. While User can browse some sections of EARTHENCART Shopping Platform
without being a registered member, certain activities (such as placing an order
or consuming Earthencart online content or services) do require registration.
EARTHENCART SHOPPING PLATFORM do use Earthencart contact information to send
User offers based on Earthencart previous orders and Earthencart interests.
choose to post messages on Earthencart message boards, chat rooms or other
message areas or leave feedback or if User use voice commands to shop on the
EARTHENCART Shopping Platform, EARTHENCART SHOPPING PLATFORM will collect that
information User provide to us. EARTHENCART SHOPPING PLATFORM retain this
information as necessary to resolve disputes, provide customer support and
troubleshoot problems as permitted by law.
2.5.If User send
us personal correspondence, such as emails or letters, or if other users or
third parties send us correspondence about Earthencart activities or postings
on the EARTHENCART Shopping Platform & EARTHENCART SHOPPING PLATFORM may
collect such information into a file specific to User.
2.6.EARTHENCART shall not be responsible for the third-party
business partner’s privacy activities or the content of their privacy policies,
and EARTHENCART SHOPPING PLATFORM request User to read their privacy policies
prior to disclosing any information.
2.7.EARTHENCART has onboarded certain third-party business
partners on the EARTHENCART Shopping Platform who specialise in the categories
like packaging, specialised delivery, paying online bills and more. If User use
the services of THIRD-PARTY BUSINESS PARTNERS, User will be redirected
to THIRD-PARTY BUSINESS PARTNERS from EARTHENCART SHOPPING PLATFORM
sites / applications and Earthencart entry to THIRD-PARTY BUSINESS PARTNERS
EARTHENCART SHOPPING PLATFORM /sites / applications will be based on
EARTHENCART login credentials after seeking Earthencart permissions to share
the data further.
2.8.EARTHENCART shall not be responsible for the Third-party
business partners privacy practices or the content of their privacy
policies, and EARTHENCART SHOPPING PLATFORM request User to read their privacy
policies prior to disclosing any information.
3.Use: Of User
Profile & Demographic Information
SHOPPING PLATFORM use User personal information to provide the product and
services User request. To the extent EARTHENCART SHOPPING PLATFORM use
Earthencart personal information to market to User, EARTHENCART SHOPPING
PLATFORM will provide User the ability to opt-out of such uses. EARTHENCART
SHOPPING PLATFORM use Earthencart personal information to assist sellers and
business partners in handling and fulfilling orders; enhancing customer
experience; resolve disputes; troubleshoot problems; help promote a safe
service; collect money; measure consumer interest in Earthencart products and
services; inform User about online and offline offers, products, services, and
updates; customize and enhance Earthencart experience; detect and protect us
against error, fraud and other criminal activity; enforce Earthencart terms and
conditions; and as otherwise described to User at the time of collection of
SHOPPING PLATFORM will have access to Earthencart SMS, contacts in Earthencart
directory, location and device information. EARTHENCART SHOPPING PLATFORM may
also request User to provide User PAN, GST Number, Government issued ID
cards/number and Know-Earthencart-Customer (KYC) details to: (i) check User
eligibility for certain products and services including but not limited to
credit and payment products; (ii) issue GST invoice for the products and
services purchased for Earthencart business requirements; (iii) enhance
Earthencart experience on the EARTHENCART Shopping Platform and provide User
access to the products and services being offered by us, sellers, affiliates or
lending partners. User understand that Earthencart access to these
products/services may be affected in the event consent is not provided to us.
Earthencart efforts to continually improve Earthencart product and service
offerings, EARTHENCART SHOPPING PLATFORM and Earthencart affiliates collect and
analyse demographic and profile data about Earthencart users' activity on
EARTHENCART Shopping Platform. EARTHENCART SHOPPING PLATFORM identify and use
User IP address to help diagnose problems with Earthencart server, and to
administer EARTHENCART Shopping Platform. Earthencart IP address is also used
to help identify User and to gather broad demographic information.
SHOPPING PLATFORM will occasionally ask User to participate in optional surveys
conducted either by us or through a third-party market research agency. These
surveys may ask User for personal information, contact information, date of
birth, demographic information (like zip code, age, or income level),
attributes such as User interests, household or lifestyle information,
Earthencart purchasing behaviour or history, preferences, and other such
information that User may choose to provide. The surveys may involve collection
of voice data or video recordings, the participation of which would purely be
voluntary in nature. EARTHENCART SHOPPING PLATFORM use this data to tailor
Earthencart experience at EARTHENCART Shopping Platform, providing User with content
that EARTHENCART SHOPPING PLATFORM think User might be interested in and to
display content according to Earthencart preferences.
SHOPPING PLATFORM use data collection devices such as "cookies" on
certain pages of the EARTHENCART Shopping Platform to help analyse Earthencart
SHOPPING PLATFORM page flow, measure promotional effectiveness, and promote
trust and safety. "Cookies" are small files placed on Earthencart
hard drive that assist us in providing Earthencart services. Cookies do not
contain any of User personal information. EARTHENCART SHOPPING PLATFORM offer
certain features that are only available using a "cookie".
Earthencart password less frequently during a session. Cookies can also help us
provide information that is targeted to User interests. Most cookies are
"session cookies," meaning that they are automatically deleted from
Earthencart hard drive at the end of a session. User are always free to decline/delete
Earthencart cookies if Earthencart browser permits, although in that case User
may not be able to use certain features on the EARTHENCART Shopping Platform
and User may be required to re-enter Earthencart password more frequently
during a session. Additionally, User may encounter "cookies" or other
similar devices on certain pages of the EARTHENCART Shopping Platform that are
placed by third parties. EARTHENCART SHOPPING PLATFORM do not control the use
third-party partners such as Google Analytics for marketing and analytical
purposes. Google Analytics help us understand how Earthencart customers use the
site. User can read more about how Google uses Earthencart Personal Information
here: https://www.google.com/intl/en/policies/privacy/. User can also opt-out of Google Analytics
SHOPPING PLATFORM may share personal information with Earthencart other
corporate entities and affiliates for purposes of providing products and
services offered by them, such as, the deferred payment optionsEARTHENCART
PayLater offered by EARTHENCART Retail Limited through its lending
partners. These entities and affiliates may share such information with their affiliates,
business partners and other third parties for the purpose of providing User
their products and services, and may market to User as a result of such sharing
unless User explicitly opt-out.
SHOPPING PLATFORM may disclose Earthencart personal information to third
parties, such as sellers, business partners. This disclosure may be required
for us to provide User access to Earthencart products and services; for
fulfilment of Earthencart orders; for enhancing Earthencart experience; for providing
feedback on products; to collect payments from User; to comply with Earthencart
legal obligations; to conduct market research or surveys; to enforce
activities; to analyse data; for customer service assistance; to prevent,
detect, mitigate, and investigate fraudulent or illegal activities related to
Earthencart product and services. EARTHENCART SHOPPING PLATFORM do not disclose
User personal information to third parties for their marketing and advertising
purposes without User explicit consent.
SHOPPING PLATFORM may disclose personal information if required to do so by law
or in the good faith belief that such disclosure is reasonably necessary to
respond to subpoenas, court orders, or other legal process. EARTHENCART
SHOPPING PLATFORM may disclose personal information to law enforcement
agencies, third party rights owners, or others in the good faith belief that
content violates the rights of a third party; or protect the rights, property
or personal safety of Earthencart users or the general public.
PLATFORM and Earthencart affiliates will share / sell some or all of
Earthencart personal information with another business entity should
EARTHENCART SHOPPING PLATFORM (or Earthencart assets) plan to merge with, or be
acquired by that business entity, or re-organization, amalgamation,
restructuring of business. Should such a transaction occur that other business
entity (or the new combined entity) will be required to follow this Privacy
Policy with respect to Earthencart personal information.
Shopping Platform may provide links to other EARTHENCART SHOPPING PLATFORM /
Site’s or application that may collect personal information about User.
EARTHENCART SHOPPING PLATFORM are not responsible for the privacy practices or
the content of those linked EARTHENCART SHOPPING PLATFORM / Site’s.
SHOPPING PLATFORM maintain reasonable physical, electronic and procedural
safeguards to protect Earthencart information. Whenever User access Earthencart
account information, EARTHENCART SHOPPING PLATFORM offer the use of a secure
server. Once Earthencart information is in Earthencart possession EARTHENCART
SHOPPING PLATFORM adhere to Earthencart
security guidelines to protect it against unauthorized access. By using the
EARTHENCART Shopping Platform, the users accept the inherent security
implications of data transmission over the internet and the World Wide Web
which cannot always be guaranteed as completely secure, and therefore, there
would always remain certain inherent risks regarding use of the EARTHENCART
Shopping Platform. Users are responsible for ensuring the protection of login
and password records for their account.
option & choices
SHOPPING PLATFORM provide all users with the opportunity to opt-out of
receiving non-essential (promotional, marketing-related) communications after
setting up an account with us. If
User do not wish to receive promotional communications from us then please
login into the Notification Preference page of EARTHENCART Shopping Platform [https://www.EARTHENCART.com/communication-preferences/email] to unsubscribe/opt-out.
9.Advertisements on EARTHENCART Shopping Platform
PLATFORM use third-party advertising companies to serve ads when User visit
EARTHENCART Shopping Platform. These companies may use information (not
including Earthencart name, address, email address, or telephone number) about
User visits to this and other EARTHENCART SHOPPING PLATFORM / Site’s in order
to provide advertisements about goods
and services of interest to User.
SHOPPING PLATFORM do not knowingly solicit or collect personal information from
children under the age of 18 and use of EARTHENCART Shopping Platform is
available only to persons who can form a legally binding contract under the
Indian Contract Act, 1872. If User are under the age of 18 years then User must
use the EARTHENCART Shopping Platform, application, or services under the
supervision of User parent, legal guardian, or any responsible adult.
SHOPPING PLATFORM retain User personal information in accordance with appliable
laws, for a period no longer than is required for the purpose for which it was
collected or as required under any applicable law. However, EARTHENCART
SHOPPING PLATFORM may retain data related to User if EARTHENCART SHOPPING
PLATFORM believe it may be necessary to prevent fraud or future abuse or if
required by law or for other legitimate purposes. EARTHENCART SHOPPING PLATFORM
may continue to retain User data in anonymised form for analytical and research
EARTHENCART Shopping Platform or by providing Earthencart information, User
consent to the collection, use, storage, disclosure and otherwise processing of
User information (including sensitive personal information) on the EARTHENCART
us any personal information relating to other people, User represent that User
have the authority to do so and to permit us to use the information in
providing Earthencart personal information over the EARTHENCART Shopping
Platform or any partner EARTHENCART Shopping Platforms or establishments,
consent to us (including Earthencart other corporate entities, affiliates,
lending partners, technology partners, marketing channels, business partners
and other third parties) to contact User through SMS, instant messaging apps,
information practices. EARTHENCART SHOPPING PLATFORM will alert User to
significant changes by posting the date Earthencart policy got last updated,
placing a notice on EARTHENCART Shopping Platform, or by sending User an email
when EARTHENCART SHOPPING PLATFORM are required to do so by applicable law.
with Information Technology Act 2000 and rules made there under, the name and
contact details of the Grievance Officer can be received through
16.If User have
a query, issue, concern, or complaint in relation to collection or usage of
information provided above.