Terms & Conditions of Business Sales
The team at TopIndianDesigners will market your goods through various social media channels by posting on Instagram, Facebook (both paid & unpaid advertising tools), throughout UK & Europe.
We shall try and maximise your presence online and promote you as one of the leading designers.
Business sellers: FREE Listing
You pay 15% of final price (including postage) to cover Admin & Marketing costs.
We're committed to providing a secure and fair marketplace for our buyers and sellers. To support this commitment, we've put in place rules and policies that govern our expectations of buyers and sellers, the actions we'll take to keep you safe, and how we'll protect you if something goes wrong.
You agree to comply with all of the rules when accessing or using our Services.
TopIndianDesigners.com is a marketplace that allows users to offer, sell and buy Indian Fashion and accessories.
TopIndianDesigners Ltd does not have possession of anything listed or sold through the site, and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller.
While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not.
TopIndianDesigners Ltd does not review users' listings or content, nor has any control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users' content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Sellers must have a valid payment method on file with TopIndianDesigners Ltd at all times.
You authorise TopIndianDesigners Ltd to automatically charge your chosen payment method in accordance with this User Agreement and the applicable billing agreement(s) you agree to when setting up or changing your payment method, for future charges and fees incurred in relation to the Services provided by TopIndianDesigners Ltd.
This includes, but is not limited to, amounts owed for fees, Money Back Guarantee reimbursements and postage labels.
TopIndianDesigners Ltd will notify you of these charges.
Under the Money Refund scheme, a seller chooses or is required to reimburse the buyer because a case is resolved in the buyer's favour, we may:
- 1. remove funds from the seller's PayPal account to reimburse the buyer for the cost of the item and the original postage cost in accordance with the seller's authorisation provided to us under this User Agreement; or
- 2. where there are insufficient funds in the seller's PayPal account, directly refund the buyer for the cost of the item and the original postage cost, and, in this case, the seller must reimburse us in full, and in a timely manner, for an amount equivalent to the sum we paid to the buyer.
Where the seller is found at fault, we will notify the seller and charge the reimbursement amount to the seller's chosen payment method, or invoice the seller for the reimbursement amount.
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third-party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to deliver items sold by you, unless you have a valid reason, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user's listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- transfer your account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to a specific sale transaction.
- distribute viruses or any other technologies that may harm the website, or the interests or property of other users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- infringe the copyright, trademark, patent, moral, database or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to TopIndianDesigners Ltd.
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belongs to you;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with TopIndianDesigners Ltd.as a business entity, you represent that you have the authority to legally bind that entity.
If you are trading as a business on the site, you must comply with all applicable laws relating to online trading for the site you are selling on.
You agree that we will commence supplying our Services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any Services provided up to the point of cancellation.
If we believe you are violating the policy you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees for the introduction of seller to buyer, and recovery of expenses for policy monitoring and enforcement;
and if you are a seller and you offer or reference your contact information or ask for the buyer's contact information in the context of buying or selling outside of the TopIndianDesigners.com website, you will be liable for all final value fees in consideration for the introduction to a buyer for that item on the TopIndianDesigners.com site, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Additionally, we reserve the right to vary or terminate all or part of our Services and/or not provide all or part of our Services to anyone for any reason and/or period of time, at our discretion.
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel bids, remove or demote or otherwise restrict the visibility of listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities for us, our users, suppliers or other third parties;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make, or it is evident that you are unable to make, full payment of any fees due for our Services by your payment due date.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.
Business seller fees for using our Services will apply.
We may change our fees, or introduce new fees from time to time by posting the changes on the TopIndianDesigners.com site, 30 days in advance. You may close your account without penalty within 30 days of such notice being given.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all TopIndianDesigners.com Services, even if sales terms are finalised or payment is made outside of TopIndianDesigners.com.
In addition, if you are a seller and you offer or reference your contact information or ask for a buyer's contact information, you may be liable to pay a final value fee in consideration for the introduction to a buyer for that item on the TopIndianDesigners.com site, even if the item does not actually sell.
You are required to have a payment method on file when selling on TopIndianDesigners.com. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.
When listing an item, you agree to comply with the rules.
- you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the Terms & Conditions.
- your listing may not be immediately searchable by keyword or category for up to 24 hours. TopIndianDesigners Ltd does not guarantee exact listing durations;
- you are responsible for all taxes (including but not limited to penalties, fines, charges, or late payment interest) related to your sales on the TopIndianDesigners.com site. To the extent possible under English law, you shall pay to us as a debt on demand all costs incurred by us, including but not limited to tax, penalties and interest, levied by any competent tax authority due to your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties or interest;
- content that violates any of TopIndianDesigners.com policies may be modified, obfuscated or deleted at its discretion;
- in accordance with the policies, we may revise product data associated with listings to supplement, remove, or correct information;
- meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;
- we may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;
When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, right to use the content (including, without limitation, creating and using derivative works), and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees.
We try to offer reliable data, but cannot promise that the content provided through the Services will always be available, accurate, complete and up-to-date. You agree that TopIndianDesigners Ltd is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not hold or attempt to hold us or our product data providers liable for inaccuracies. If you choose to use catalogue content and/or product data in connection with your listings, you agree to ensure that the content directly associated with your listings is and remains accurate, and that you continue to fully comply with this User Agreement and all TopIndianDesigners Ltd policies. The catalogue and product data include copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary or identification markings in the catalogue or product data or create any derivative works based on that data (other than by including the data in your listings).
- You and TopIndianDesigners Ltd shall process personal data received under and/or in connection with this User Agreement each as a separate and independent controller.
- You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. This includes, but is not limited to, the obligation to provide appropriate safeguards for the transfer of personal data to a third country or an international organisation.
- You shall process personal data received from TopIndianDesigners Ltd exclusively for the purpose(s) you received the personal data under and/or in connection with this User Agreement. You shall erase the personal data received under this User Agreement immediately after the respective purpose(s) has/have been fulfilled. Any further processing of the personal data is not permitted except when legally required (e.g. if a retention obligation applies).
- Failure to abide by the aforementioned obligations may result in disciplinary action up to and including account suspension.
To protect against the risk of liability, TopIndianDesigners Ltd has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
Sellers can create rules to automate returns and refunds under certain circumstances.
Sellers may remove or customise their returns preferences in their account settings.
When an item is returned, to refund the buyer, you authorise TopIndianDesigners Ltd to request PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
When a transaction is cancelled, and you choose to refund the buyer via TopIndianDesigners Ltd, you authorise TopIndianDesigners Ltd to request PayPal to reverse the refund amount (in the same or other currency) from the seller's PayPal account, to the buyer.
Money Back Guarantee
Most sales go smoothly, but if there's a problem with a purchase, the Resolution Centre helps buyers and sellers communicate and resolve issues.
You agree to comply with the policy and permit us to make a final decision on any case.
Sellers must have a payment method on file with TopIndianDesigners Ltd
If we resolve a case in the buyer's favour, or if a seller chooses to reimburse a buyer, TopIndianDesigners Ltd may notify PayPal of the relevant case and remove funds from the seller's PayPal account to reimburse the buyer for the full cost of the item and postage. Where there are insufficient funds in the seller's PayPal account, we will directly refund the buyer and charge the seller's designated payment method or put the amount on the seller's invoice.
For this purpose, you, in the capacity of a seller:
- authorise and instruct us to request PayPal to collect or reverse variable amounts from your PayPal account to carry out a buyer reimbursement;
- authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
- authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process.
- authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
- authorise and instruct us to place the reimbursement amount on the seller
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of service.
For future claims, where we resolve a dispute in the buyer's favour, we will notify the seller and continue to charge the seller's preferred payment method. If sellers do not provide TopIndianDesigners Ltd with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
Correcting mistakes in payments to buyers and sellers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method.
These terms include, among other important provisions:
- a third party agreement for the parcel processing, customs clearance (for non-EU shipments), and international postage and tracking services, including your consent to the disclosure of certain personal information to third parties in connection with those services;
- an authorisation for third parties to act in your place to facilitate the export clearance of items that you sell.
- an acknowledgment that you agree and are responsible for ensuring that your listings and items are compliant with applicable overseas laws and regulations;
We try to keep TopIndianDesigners Ltd and its Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our Services;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of contract.
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. TopIndianDesigners Ltd cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of TopIndianDesigners Ltd Services or your breach of any law or the rights of a third party.
If a dispute arises between you and TopIndianDesigners Ltd, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales.
You and TopIndianDesigners Ltd both agree to submit to the non-exclusive jurisdiction of the English courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this User Agreement against us in court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the TopIndianDesigners.com site.
The User Agreement and all policies posted on our site are the entire agreement between you and TopIndianDesigners Ltd and supersede all prior understandings and agreements of the parties.
DELIVERY OF GOODS
For Domestic Orders
- The Designer to deliver products within India and states all over India at its own cost guarantees
- Would be processed within 4-8 days and shipping will be done through reputed domestic courier company.
- Send you the Airway number /docket number through e mail after the products are shipped.
- Entry tax if any should be borne by the customer.
For International Orders (Outside India)
- All International orders (outside India) would be processed within 6-12 days and shipping through reputed International Courier company.
- Send you the Shipper's reference number (Air way bill / docket number ) along with the courier company details through e mail.
- We are not responsible for any delay caused by any unforeseen time lags by the courier companies in delivering the goods to the customer, or if the customer is not available at the time of delivery.
- Kindly note that if there are any customs or duties applicable for the ordered items, it would be billed separately to the customer by the courier company at the time of delivery.
- The duties and taxes are not a part of the customer's payment made to us.
Customs Clearance for International Orders
- Any additional taxes, import duties or customs charges levied in this process will be borne by you. (The customer)
- You (customer) are liable to pay the carrier for those charges in such cases.
- Hope you would be aware of the laws and regulations governing the import of goods in the country where you want the items shipped.