HipKart.com is a virtual Jurisdiction that allows the buying and selling of handmade, vintage, antique, designer and commercially sourced crafting goods. HipKart.com is not directly involved with any transaction or associated agreements made between parties who engage in the buying and/or selling of goods on the site (HipKart.com). As such, HipKart.com can not guarantee the quality, legality, authenticity or safety of any products listed or the accuracy of the listings. HipKart accepts no responsibility, nor shall be held liable for the transactions that occur as a result of usage of the website.
To access and utilize the resources on this site you must be a registered user or comply with the following restrictions: HipKart's services are only available to users who are 18 years of age or older and can legally create a binding contract between buyer and seller. Users who are not 18 years of age can participate if they are supervised at all times by a parent or legal guardian over the age of 18. In this case, the parent or legal guardian assumes responsibility of all activities carried out by the user. The user or parent/legal guardian agrees that HipKart shall not be held responsible for any damages incurred by non-commitment to this policy.
Further, you as either a registered or non-registered user, agree to comply with the TOU of HipKart and decisions of HipKart staff, and shall not act in a manner that hinders or prohibits HipKart from conducting business or damages the integrity of the marketplace. Users hereby agree to act accordingly with local, national and international laws regarding acceptable content, commerce and conduct.
Access to shopper account functions and general shopping usage is offered at no charge to the user and can be restricted or revoked at anytime without notice by HipKart.com
HipKart does not charge per transaction or per sale commission from the sellers. Seller can sell their items freely as long they are not restricted items as per our restricted items list.
HipKart does not have any monthly plans to operate and run your store.
Every store has free quota of monthly store impressions . Seller can pay and buy additional impressions which are valid for 6 months .
Value Added Fee
HipKart has various value added services and tools provided to the seller in his store panel, seller can pay for the service if seller chooses to use it. Some of the paid tools are listed below
A) Buyer Refund
HipKart is a product discover networked platform with no control over last point of transaction which is completed using seller's own merchant account or PayPal account and customer's preferred payment method. Since HipKart does not control the purchase method and transaction so the refund process is not transacted through HipKart platform. We suggest buyer to contact the seller directly for any refund related queries via "Contact Seller" option under seller's store or in case of not appropriate response should escalate the issue to payment provide via which you made the payment.
You may refer to our "Buyer & Seller Transaction” and "Dispute Resolution Section". HipKart is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays.
B) Buyer Return Policy
HipKart is not part of any purchase transaction between seller and buyer , the transaction is done on seller’s merchant account or paypal, thus each seller has its own return policy which you can refer to on product page and seller’s store front.
HipKart will not assist and intervene between any refund process.
HipKart provides a platform for shoppers and independent merchants to buy and sell goods. Merchants may only list products and conduct sales transactions for items that they are legally able to sell. Any item that does not meet this criterion will be removed at HipKart's discretion and the user's account will be evaluated for possible termination. HipKart reserves the right to review, restrict, suspend or terminate a user's account at anytime without explanation or notice. HipKart reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal.
By accessing and using the site merchants warrant that the products that are offering for sale are described accurately and completely. An individual listing may only offer for sale one unique item or set of items; products cannot be combined into listings to avoid inventory limits or fees.
The transaction between buyer and seller shall be considered a legally binding contract between those two parties. HipKart shall not be held liable, nor will HipKart be required to mediate or adjudicate the transaction or any resulting conflict between the two parties. The seller is responsible for the safe delivery of the sale item(s). The buyer will be responsible for paying for items purchased, in accordance with the policies and terms and conditions set forth by the seller. Buyers and sellers are responsible for all communication, specification or customization requests and communication. Sellers are required to confirm customization via email for one of a kind or customized products to ensure a record of the request outside of the internal HipKart systems.
The seller of an item or items must guarantee the condition of the item, and may not misrepresent the item to be sold in any way. Users are prohibited from sharing accounts, or using another user's account without permission. Violation of this policy will result in an investigation by HipKart, and possibly lead to the termination of the user account or other corrective actions deemed appropriate by HipKart.com.
The HipKart cart and checkout process includes the addition of applicable sales taxes where our software can add tax nexus between buyer and seller provider seller had added taxes for the country or state.
As a business owner, you are responsible for interpreting and correctly applying tax laws in your local jurisdiction ( city, county and state or other tax region). HipKart cannot provide and nothing we communicate should be interpreted as providing legal or tax advice.
Collection of appropriate taxes and remittance to appropriate authorities within the regulations and laws of a seller's local jurisdiction remains the sole responsibility and liability of the seller. HipKart does not collect or make tax payments on any seller's behalf. All Sellers have the ability to turn off the tax calculations at the shop level by not added taxes to an item for a state or country.
By using the HipKart platform you agree that HipKart is not responsible for determining taxation applicable to your business and that you will ensure all proper taxes are remitted to the respective tax authorities.
Independent Shop Policies
All users that choose to open a shop are encouraged to create and post a list of policies outlining the specific details for their shop. These policies should include but not be limited to: shipping and handling fees, accepted payment processors, return policy, and selling policies. All shop policies must conform to the policies for acceptable use and privacy set forth by HipKart.com. In the event that shop policies conflict with the TOU of HipKart.com the TOU will supersede any shop policies.
Through the use of the HipKart.com service, buyers and sellers will create legally binding contracts for the sale of goods and services. Both parties are expected to fulfill the arrangement for the sale of goods and or services.
Users who engage in buying and/or selling should be aware and assume the risks of using a website or the internet to commence transactions. Users should be aware of other users operating under false pretense, misrepresentation, and with the intent to commit fraud.
While HipKart takes precautionary measures to ensure the identity and validity of users who sign up electronically to use the site service, we cannot and do not confirm the identity of all parties who use the HipKart.com service. We suggest all users employ common sense, and encourage users to contact HipKart to report any and all suspicious behavior or misappropriation of the site service.
HipKart does not control the content posted by users. If you find content presented by users that you deem offensive, harmful, or derogatory, you may contact us via service@HipKart.com. HipKart provides an open community and embraces the free speech of users on the site within the limitations set forth in this TOU and decisions made by HipKart.com staff
For disputes between users and HipKart, please contact HipKart directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.
In the event that a dispute arises between one or more users of the HipKart site or a 3rd party, HipKart will be considered free of any and all claims, damages or demands created by the dispute. While we try and maintain a safe, free trade environment, HipKart has no obligation to mitigate or resolve disputes between users and other parties. HipKart encourages users to use the proper local, national or international authorities to assist in dispute resolution.
HipKart users are welcome to utilize our community to make connections, collaborate, promote their shops, report issues, or have conversations with new found friends and business owners. Community space includes all areas where user submitted content is published and available for the public or other users to review or read. These areas include the forums, blogs, comment sections, favorite lists, shop introductions, vacation messages, bios, tutorials and policies.
To ensure that HipKart continues to be a space that is welcoming, safe and respectful, we ask that you follow these common guidelines:
As a member of the HipKart community, you have the opportunity to flag or report an item or a shop that doesn't meet these HipKart Community Guidelines. Flagging and reporting behavior that you believe to be damaging to another member or the community in general is handled confidentially.
All users of HipKart.com must agree to comply with all applicable laws of commerce (local, national, and international) and shall be held solely liable for infringement of these laws. HipKart will cooperate fully with any request from an appropriate law enforcement agency for information regarding the violation of any law by a user. The user is responsible for any and all conduct and activity that pertains to posting on HipKart.com. This includes images, copy, text, data, graphics, usernames, email addresses, photographs, profiles, avatars, videos, items, products, audio, and links that are posted to and displayed on HipKart.com.
Products on HipKart.com are currently listed into specific top-level categories based on how the product is made. Your product listing must not misrepresent to buyers the origin or condition of the product. HipKart.com may review and recategorize listings at its own discretion and without notice. Failure to consistently categorize products accurately may result in the restriction of category options available to a user, suspension or removal from the site.
The follow guidelines can be used to help determine the most appropriate top-level category for your listings:
Item must be altered to add value by the merchant using handmade or finished components.
Digital items or items printed by a merchant that include licensed imagery are considered commercial works and must be listed in the commercial top-level category.
Item's copyright is owned by the merchant. Items may include original works or quality reproductions made by the merchant or qualified third party.
Item's copyright is owned by the merchant who is selling authorized digital or physical reproductions of their own work. Any media whose copyright is not owned by a merchant should be listed in the commercial top-level category or vintage category depending on age.
Item must be designed by the merchant. Third party manufacturing of the merchant's original designs is acceptable.
Item must be at least 20 years old and have some collectible or artistic value.
Item must be a traditional craft supply or manipulated and packaged with the intent to be a craft supply.
Loopholes / Passthroughs: Items that are considered by HipKart.com to be loopholes or passthroughs attempting to circumvent the category guidelines may be removed or recategorized at HipKart.com's discretion without notice.
Depending on the intent of an item and the components used, an artistically arranged item can be categorized using the following guidelines:
Handmade Artistically Arranged Items
Wreaths, Cakes & Chocolates, Plants, Animals, Centerpieces:
Commercial Artistically Arranged Items
Provided the items being arranged are not otherwise prohibited, any artistically arranged item can be sold in the commercial marketplace.
All domains, URLs, sub-domains, account names, usernames and other functional or identifying elements of the site are the property of HipKart.com. HipKart reserves the right to change, alter, reformat or edit such elements as appropriate for the course of business or needs of the community determine. Accounts that are activated but remain empty with no items or information may be returned to an inactive pool or reassigned to other members. Reselling of usernames or sub-domains, squatting or speculating in such elements or on such pages is strictly prohibited and may result in termination of all related accounts.
A) Cost of Seller Account Holders: There is no setup or monthly cost for Seller account, but there is monthly credit quota for store impressions.
B) Payment Form limitations for Seller Account Holders: Seller Account Holders may only accept credit card payments for goods and services on HipKart and only via the preferred HipKart Gateway and processors (Paypal & Payu).
C) Product Listings - Seller Account Holder will provide, in an acceptable format, accurate and complete product information for each product listed in the HipKart Marketplace as required by HipKart. Seller Account Holders will maintain reasonably accurate and up to date inventory numbers for all items via an agreed upon software mechanism.
D) Order Processing - HipKart will provide Seller Account Holder holders order information for each sale of their products through the site. Seller Account Holder Holders must begin processing orders within 24 hours and must ship products within three days of the original order's transaction date unless otherwise instructed by HipKart. Orders that cannot be processed in this timeframe for any reason must immediately be reported to HipKart. Initiation of order shipping within 3 business days of receipt of order is considered reasonable. Seller Account Holder are expected to outline shipping time frames and process on their policies page on the HipKart platform.
E) Customer Feedback - Mechanisms may be provided by HipKart that allow customers to rate their order and/or experience with a particular transaction or seller. Feedback gathered by HipKart concerning HipKart transactions may be made publicly available.
F) Shipping and Handling - Seller Account Holders will process and ship orders in a reasonable manner. This includes adequately packaging orders so that they arrive undamaged, including an order specific packing slip, and shipping an order within the standard order processing timeframe.
G) Refunds/Returns: Any refunds or returns will be handled by the Seller Account Holder between him and his buyer using their paypal accounts.
H) Customer Service inquiries and Complaints: All customer inquiries and complaints will be directed to the customer service department of the Seller Account Holder. HipKart provides no customer service support for end consumers of the Seller Account Holder.
J) Spam: The Seller Account Holder will not attempt to transition any transaction off site, to another channel or to any other commerce outlet that is initiated on HipKart.com to spam.
K) Shipping: Shipping rates must be set for individual items based on one of the following systems.
M) Inventory/Over Selling: Seller Account Holders are responsible for managing inventory and ensuring that overselling is minimized. Consistent overselling will be cause for account status review by HipKart and may result in a termination of the Seller Account Holder Status.
N) Additional content, comments and cross item promotion: HipKart may place end user, reviewer, or purchaser comments and ratings as well as similar or cross-promoted items from the Seller Account Holder on the item and shopping or search results page for all Seller Account items and pages to improve the overall shopping experience.
O) Credit Card Fraud/Chargebacks: As Seller Account Holders have individual processor agreements with Paypal and Payu they are responsible for handling chargebacks and fraud reports if they arise. HipKart will provide supporting documentation or other information to assist in processing such cases upon written request from the Seller Account Holder including the HipKart transaction number and date. Any commission paid to HipKart for a sale that is later rescinded due to chargeback or fraud claim will be returned to the Seller Account Holder upon confirmation of the chargeback or fraud claim.
All domains, graphics, images, photography, copy, text, video, and audio, including buttons, headers, links, footers and site themes created by HipKart, HipKart staff, or contractors of HipKart are considered the trade dress of HipKart.com. Any and all data aforementioned is copyrighted and may not be used without the express written permission of HipKart or its officers, managers, agents and/or staff.
Any and all content uploaded to the site including text, descriptions, images, reviews, posts, and articles retains the original copyright of the owner/creator. By accessing the site and uploading content the creator agrees to grant worldwide non-exclusive right to re-publish said content for the purposes of promoting or providing benefit to the web community and properties of HipKart.
This license extends to the reasonable lifetime of any promotional tool. HipKart.com does not seek to engage in resale or to deprive the artist of income from potential licensing agreements with third parties. In order to facilitate this please send any requests for specific action along with proof of copyright ownership to our legal agent:
Attn: Marketplace Integrity Division
Copyright and Intellectual Property Infringement Policy
HipKart.com uses the following policy to handle all forms of intellectual property infringement in accordance with the Digital Millennium Copyright Act and U.S. intellectual property laws in general. HipKart.com responds to this form of notice from any country or jurisdiction.
HipKart.com's designated agent can be reached via email at: mid@HipKart.coman address for physical mail is listed above.
HipKart.com may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.
Preferred Intellectual Property Infringement Notice Procedure
Misrepresenting a product or activity as infringing your property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting HipKart.com.
To send a notice of infringement for material residing on HipKart.com that you believe infringes your intellectual property you may send notice to HipKart.com's Designated Agent via email to mid@HipKart.com or to the address listed above. Please note the type of intellectual property your notice addresses and include all of the following:
Only the actual copyright/trademark owner or legally authorized agent can send a proper notice. Unaffiliated third party claims are not acceptable challenge to seller(s) items. Please note that falsely or incorrectly requesting takedown under the DMCA may make the requestor liable for damages. By submitting a notice you are certifying that you have researched the appropriate rulings and laws regarding infringement notices and you accept the liability for false or damaging takedown requests. HipKart.com may inform the alleged infringing party of the notice including providing a copy of the notice itself and the notifying party's contact information.
Takedown of Alleged Infringing Material
If a proper notice is received by HipKart.com's Designated Agent, items or other material will be taken down pending a response from the user. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.
HipKart.com can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. Users whose content is removed have 3 business days to respond to the notice with a counter notice. As HipKart.com will forward this response (counter notice) to the claimant, the response should be directed to the claimant and HipKart.com should be copied on that response.
Re-listing items containing the intellectual property that has been previously removed without sending a counter notice; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the HipKart.com TOU and may result in cancellation of the account. Repeated violations of intellectual property or being subject of similar or repeated infringement notices may also constitute grounds for service cancellation.
Preferred Counter Notice Procedure
If a user provides a proper "counter-notice" claiming that the material does not infringe the intellectual property at issue, HipKart.com will inform the notifying party of the individual's objection. If the property owner does not file for legal action with a court within 14 days, HipKart.com will restore the material t on the site.The User's response should include:
HipKart.com may at its discretion forward the counter-notice and materials to the party making the claim of infringement. Items may or may not be inactivated pending legal resolution solely at the discretion of HipKart.com
If no counter claim is made, HipKart.com will require and enforce the removal of the material question. Adding any content to HipKart.com that contains the intellectual property in violation of court order or successful claim of infringement constitutes a violation of the HipKart.com TOU and may result in cancellation of the account.
Transparency in Communications
In an effort to ensure clear communication of the concerns of intellectual property rights holders, HipKart.com may at its sole discretion publish any legal communication, takedown request, cease and desist order, email, letter, fax, or other correspondence as it sees fit to fully communicate the position, stance and tone/tenor of the claimant or counter claimant. In submitting any communication to HipKart.com or our representatives or agents regarding any legal or intellectual property right claim, the claimant, legal agent, representative or author of such correspondence (and all of their successors, assigns or subsidiaries) grant worldwide perpetual non-exclusive copyright to HipKart.com of such correspondence and waives any and all claims to privacy, confidentiality, proprietary information or trade secret status of any and all communication regardless of format or channel.
Please send all correspondence regarding notices of infringement or counter notices by email to: mid@HipKart.com
You may also contact the Designated Agent at the following address:
Attn: Marketplace Scrutiny Division
HipKart.com strongly encourages all parties involved in intellectual property disputes to secure the services of legal professionals. HipKart.com cannot offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many web- based resources to learn about the DMCA and intellectual property laws. HipKart.com encourages all members to learn about and understand the laws regarding these issues.
A summary of the Digital Millennium Copyright Act can be found at:http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here:http://www.copyright.gov/legislation/hr2281.pdf
The U.S. federal copyright code can be found here:http://www.copyright.gov/title17/92chap5.html
The full text of the Lanham act can be found here:http://www.bitlaw.com/source/15usc/
More government-provided information on copyrights can be found here:http://www.copyright.gov
Many universities maintain useful public information regarding copyrights, including:http://www.law.cornell.edu/wex/index.php/Copyright http://fairuse.stanford.edu/
Further Trademark, DMCA and copyright articles, information and resourceshttp://www.tabberone.com/Trademarks/trademarks.html
By registering as an HipKart.com user or accessing the site you hereby agree that:
You use the HipKart.com site and service with the knowledge that it is at your own risk. The website and service are provided "as is" and there is no warranty or guarantee implied as it pertains to availability, access, or transaction.
HipKart and its officers, managers, agents, staff, suppliers, subsidiaries, and affiliates are in no way liable for the availability, accessibility, merchantability, marketability, performance, fitness or reliability of the HipKart site and services.
No advice, communication or other information provided by HipKart and its officers, managers, staff, suppliers, subsidiaries and affiliates shall create any warranty our guarantees.
If any portion of this agreement shall be held invalid by court of competent jurisdiction the remaining portions of the agreement shall remain in effect. Where modification to reflect intent or provide clarification to the service terms is allowed for any invalidated portion, such remedy shall be made first before any clause is held null and void.
These terms and any dispute arising there from shall be governed by the laws of Hong Kong.
By accessing this site the end user agrees that the maximum compensation for any dispute or claim shall be limited to the total dollar amount paid by the end user to HipKart.com for services.
By executing any transaction or viewing or using any portion of this site you agree to hold harmless HipKart.com its parent companies, subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing this site or engaging in any transaction or interaction stemming from the access of this site