Terms & Conditions

Welcome to Handistic.com!

1.       Accepting the terms and conditions -

These terms and conditions outline the rules and regulations for the use of Handistic.com Website, located at www.handistic.com.By accessing this website we assume you accept these terms and conditions. Do not continue to use Handistic.com if you do not agree to take all of the terms and conditions stated on this page.

The document contains the rules, regulations, policies, agreement and terms and conditions (i.e. T&C) applicable to any person who may access or use www.handistic.com (i.e. Website) any subdomains, webpages or extension of the Website. The T&C has been prepared as per provisions of Rule 3 (1) of the Information Technology (i.e. Intermediaries Guidelines) Rules, 2011 (i.e. Rules) which requires publishing the rules and regulations, privacy policy and user agreement for access or usage of Website. The T&C for the use of website, as set out hereunder is an electronic record as per the provisions of Information Technology Act, 2000 read with the Rules thereunder, as may be applicable and amended from time to time.

Handistic.com provides an online market platform to the skilled artists, creative designers, entrepreneurs and artists (i.e. Sellers) and enables the Sellers as per the terms and conditions of the Seller Agreement (i.e. incorporated herein by reference) to sell their artworks, artifacts, crafted, customized, ethnic products (i.e. Products) to the Customer/Users (i.e. Customer/Users) registered with the Website subject to the T&C and the Privacy Policy. The Seller and the Customer/User shall be collectively referred as the User.

By visiting the Website, confirming, listing the Products and/or placing an Order, the User acknowledges that the User has carefully read, understood, agreed, accepted and shall be bound by the T&C. The T&C is generated by a computer system and does not require any physical or digital signatures.

The User agrees that the sole purpose of registering or using the Website is to buy or sell the Products, as may be listed on the Website from time to time.

2.       Cookies

We employ the use of cookies. By accessing Handistic.com, you agreed to use cookies in agreement with the Handistic.com's Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

3.       License

Unless otherwise stated, Handistic.com and/or its licensors own the intellectual property rights for all material on Handistic.com. All intellectual property rights are reserved. You may access this from Handistic.com for your own personal use subjected to restrictions set in these terms and conditions.

 

You must not:

1.       Republish material from Handistic.com

2.       Sell, rent or sub-license material from Handistic.com

3.       Reproduce, duplicate or copy material from Handistic.com

4.       Redistribute content from Handistic.com

4.       Hyperlinking to our Content –

The following organizations may link to our Website without prior written approval:

1.       Government agencies;

2.       Search engines;

3.       News organizations;

4.       Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page with our prior consent via email and approval process, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Handistic.com; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in  above and are interested in linking to our website, you must inform us by sending an e-mail to info.handistic@gmail.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

1.       By use of our corporate name; or

2.       By use of the uniform resource locator being linked to; or

3.       By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

4.       No use of Handistic.com's logo or other artwork will be allowed for linking absent a trademark license agreement.

5.       iFrames –

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

6.       Reservation of Rights –

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

7.       Eligibility 

The values and services provided by this Website to the User are subject to the applicable law and Handistic has no reason to believe that the contracting party is ineligible to enter into a valid contract under Indian Contract Act, 1872.

8.       Registration –

This point clarifies that by registering with Handistic.com, the User agrees to provide complete, correct, accurate and recent information for regirstration, as may be required. The Registration form is required to be filled by the User in order to process and  register with Handistic.com. It is User’s  responsiblility to keep the account updated and immediately inform about any breach of security or unauthorized access to the account. The User shall be solely responsible to maintain the confidentiality of account, password and all transactions carried out through the Users’ account on this website. Handistic.com, its employees or associates will not be responsible in any manner for losses incurred from such breach of contract and secrecy of the username, password or transaction details.

9.       Customer/User Registration –

Handistic.com registration is absolutely free of charge for the Customer/User. There is no fees to be taken from Customer/User to only register into the website.

10.   Seller Registration –

 To become a Seller on Handistic website, the Seller is required to visit the Seller Registration page on the Website and comply with the other formalities as per the Seller Agreement.

11.   Website Access –

If the User provides any information that is incorrect, false, inaccurate, not current, incomplete, then in such case Handistic.com has reasonable grounds to deduce that the information shared by the User with Handistic.com is incorrect, false, inaccurate, not current, incomplete, or not in accordance with the T&C, Handistic.com reserves the right to indefinitely suspend or terminate or block the use or access by the User of the Website in any manner whatsoever.

12.   Product Listing –

The Customer/User is/must be aware that the Products are listed by the Seller and a listing may end if another Customer/User purchases the Product if out of stock or for any other reason for which Seller must produce, or the Seller who has made the listing chooses to end the same or if the listing expires after a particular defined period of time. On any Product listed title are added by any Seller, Handistic.com shall not have any obligations or liabilities in respect of Products. As per Seller agreement, Handistic.com is not responsible for unsatisfactory or delayed performance of the Seller or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by the Sellers are only for a restricted time and only for the available supply as offered by the Seller and mentioned in the Seller Registration.

13.   Basic Process –  

Handistic.com makes available the listing of the Products on the Website and other services through the suppliers/seller, service providers and service partners on “Basic Process” basis and without any warranty or condition, express, implied or statutory. Handistic.com does not make any representation or warranty as to the attributes (i.e. such as legal title, creditworthiness, identity etc.) of any of its users. Handistic.com has not verified the authenticity of the credentials of the User or of the listing and shall not be liable in any manner whatsoever for the Transaction between the Users. The User is advised to use its best judgment and independently verify any particular party that you may choose to deal with on the Website.

14.   Order –

The Customer/User may search and select the items for the different categories of Products listed on the Website. The User/Customer/User may then purchase the selected items by placing an order (i.e. Order) on the Website and by making the payment along with the charges for the transaction (i.e. Transaction).

15.   Payment 

For the purposes of buying and/or selling any Product listed on the Website, the User agrees not to make or receive payments in any manner other than as provided, without the prior consent of the Handistic.com. Payment will be only done on the website for the purchase of the product through following method:

• Payment on Billing which can be made through credit card, debit card, netbanking or UPI payment or by depositing cash, cheque, demand draft in the bank account of Handistic.com; or

• Payment on Delivery wherein payment shall be made only by cash on delivery.

Seller payment will be cleared as per Seller Agreement policy.

16.   Charges –  

The User shall pay the service tax, GST(if applicable), insurance, other taxes, charges, fees and expenses as may be applicable, from time to time (i.e. Charges) for the Products. The Charges shall vary depending upon different variety of the Products. Handistic.com reserves the right to charge a differential amount and to increase charges but such increase shall not affect an order which Handistic.com has confirmed with User, unless such charges are levied by the governmental authorities or resulting due to the reasons not attributable to Handistic.com.

17.   Shipping Policy –

1.       Domestic/ Interstate Shipping Policy - All orders are processed within 2-3 business days and processed within 7 working days/business days. Orders are not shipped or delivered on weekends or holidays. If Handistic are experiencing a high volume of orders, shipments may be delayed by a few days. Please allow additional days in transit for delivery. If there will be a significant delay in shipment of your order, Handistic will contact customer via email or telephone.

2.       Shipping rates – Shipping charges for your order will be calculated and displayed at checkout. These are strictly calculated as per norms set by the Delivery Partner and depend on the weight of the product. Delivery delays can occasionally occur as mentioned in above section of domestic shipping.

3.       Shipment confirmation & Order tracking – You will receive a Shipment Confirmation email once your order has shipped containing your tracking number(s). The tracking number will be active within 24 hours.

4.       Damages – Handistic is not liable for any products damaged or lost during shipping. If you received your order damaged, please contact on our support email – support@handistic.com.

5.       Returns Policy – Our Return, Refund and Cancellation Policy provides detailed information about options and procedures for returning your order.

18.   Electronic Payment –

Handistic.com shall not use Customer/User’s payment information for any purpose other than for payment of charges and such information shall not be shared by Handistic.com with any third party unless required by law, regulation, order of court or as per the Privacy Policy. The Customer/User agrees and undertakes to make payment as per the option exercised at the ‘Payment’ section. The Customer/User confirms that all credit/debit card/net banking/ other payment details (Payment Details from now)provided by the Customer/User for making payment will be correct and accurate and that the Customer/User shall not use credit cards that are not lawfully owned by the Customer/User. The User acknowledges and accepts that the User has specifically authorized Handistic.com, directly or through the payment partners to collect, process, facilitate and remit payments and/ or the transaction price by Payment on Billing or Payment on Delivery, as the case may be, in respect of the Orders.

19.   Refund & Return –

Any claim for return of the Product or refund of any Payment made for the Order, for any reason whatsoever shall be as per the Return, Refund and Cancellation Policy as set out at the Website and shall be to the account of the Seller. Handistic.com shall not be responsible in any manner whatsoever for Return, Refund and Cancellation or the Payment or the charges associated with the same. The Customer/User is aware that Handistic.com is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Payment, by providing the modes of Payment to the Customer/User.

20.   Refusal of Order –

Handistic.com reserves the right to refuse an order based on its availability, which exceeds the volume limit on such transactions, which is in breach of the T&C, or which is in violation of any applicable law. Further no claim for damages shall arise against Handistic.com by the User in such circumstances.

21.   Delivery –

When the User purchases a Product listed at Handistic.com, the delivery of the ordered Product shall be made by the delivery partners if the delivery is opted by the Seller whose product is being purchased by the User. The Delivery Partner shall make one attempt to deliver the package to the destination indicated at the time of placing the order. In case, of a failure to deliver, the Delivery Partner shall intimate it to the Customer/User and as indicated to the Customer/User make another attempt to deliver the ordered Product at the destination indicated at the time of placing order or attempt to deliver the ordered Product to the alternative delivery address in the vicinity, as indicated by the Customer/User. In the event, the Customer/User is unable to provide Alternative Delivery Point within the time as may be indicated by the Delivery Partner or fails to pick-up the ordered Product from the warehouse of the Delivery Partner within 7 Days, the Delivery Partner will return ordered Product to Handistic.com.

22.   Undelivered Products –

On the receipt of the undelivered Product, Handistic.com will intimate the same to the Customer/User and based on the request of the Customer/User arrange to re-deliver the Product to the Customer/User at such additional cost and Charges as shall be indicated by Handistic.com to the Customer/User. In the event, Handistic.com does not receive any response from the Customer/User within 7 Days from the date of failed attempt to deliver the ordered Product at the Delivery destination or the Alternate Delivery Point, as the case may be, Handistic.com shall be free to dispose of the ordered Product, as it may deem fit.

23.   User’s Obligations

The User agrees and undertakes not to host, display, modify, publish, update or share any information or list a Products or any item that is harmful, blasphemous, defamatory, obscene, pornographic, libelous, hateful or radically objectionable; unlawful, threatening, harassing including but not limited to indecent representation of women within the meaning of the meaning of the Indecent Representation of Women (i.e. Prohibition) Act, 1986; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; contains any virus, worms, malware or any computer program of any nature whatsoever which may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or Information; (i.e.vi) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, public order, causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insults any other nation; is false, inaccurate or misleading; directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, 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; give rise to any liability on part of the Website orHandistic.com or cause any hindrance (i.e.in whole or in part) with respect to the services of ISP or other logistics or service partner of the Website or Handistic.com; link directly or indirectly to or include descriptions of items which is in violation of Child and other Labor laws, Drugs and Cosmetics Act, 1940, Drugs And Magic Remedies (i.e. Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act, 2000 and such other applicable laws and rules thereunder, as may be amended from time to time.

24.   Limitation of Liability –

The User is aware that Handistic.com is an e-marketplace. The User acknowledges that Handistic.com has not verified the bona fides of the User and the Registration of the Seller and the Customer/User is on ‘Basic Process’ basis. Handistic.com simply facilitates the Sellers to display the Products on the Website and provides the Customer/User with an opportunity to purchase the Products listed by the Seller on the Website. Handistic.com at no point of time owns the Products listed on the Website and Handistic.com, its associate, affiliates, service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness of any content, information, error free and/or uninterrupted services, software, text, graphics, links or communications provided on or through the use or operation of the Website or that of the logistics partner. Handistic.com provides no guarantee to the Customer/User in respect of the Products listed or sold on the Website. Consequently, Handistic.com assumes no liability whatsoever for any monetary loss or other damage suffered by the Customer/User on account of delay or failure of delivery, interruption, or corruption of any data or other information transmitted in connection with use or operation of the Website or the logistics partner.

25.   Confidentiality and Privacy –

 Handistic.com understands the importance and confidentiality of the Information shared by the User with the Website. Considering the personal and sensitive nature of the Information, the User may share with Handistic.com, Handistic.com has created the Privacy Policy which can be accessed at the section ‘Privacy Policy’.

26.   Intellectual Property Rights

Handistic.com gives a limited right to the User to buy and sell a Product other than this limited right to use the Website, Handistic.com retains all right, title and interest in intellectual property and proprietary rights of the Website.

27.   Proprietary Information –

The User agrees and acknowledges that all data provided on the Website, including and not limited to all software information, electronic and printed media, contained copyrighted materials, logos, registered trademarks, trade secrets, patent related materials and other proprietary intellectual property are the proprietary assets of Handistic.com. They are protected by copyright,  patent laws and other proprietary rights and laws, and they may only be used or accessed otherwise than, as specifically provided for, in the T&C. User shall not re-distribute or re-publish any content from the Website without the express written consent of the Handistic.com.

28.   Protection of Proprietary Information –

 The User agrees that it will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse-engineer, reverse-assemble, or otherwise attempt to discover any programming code or any source code used in the Website. The User shall not otherwise attempt to transfer any right in the Website (which includes its software, design and content), create derivative works based on it or in any manner commercially exploit the Website in whole or in part. The User agrees that any violation, of these copyrights, trade secrets, patents, other intellectual property protections or the T&C will lead to prosecution under the Indian Laws.

29.   Indemnity –

The User agrees to defend, indemnify and hold harmless Handistic.com, its affiliate, the suppliers, service providers, service partners and their respective officers, directors, employees, agents and representatives from any and all claims arising out of the breach of any of the T&C by the User.

30.   Fitness of the e-portal –

The User shall remain fully and solely responsible for evaluating the fitness for the purpose of any downloads, programs and text available through Handistic.com and for visiting the Website or any External Links. Handistic.com shall not be liable to the User for damage caused by the computer, computer software, programs, files or data thereon or any other direct or indirect, consequential and incidental damages suffered by accessing the Website or External Links.

31.   Force Majeure –

Neither Handistic.com nor its affiliates, suppliers, service providers or service partners shall be liable for any failure to perform any obligation due to an event beyond the control of such party resulting from a direct and immediate consequence of any Act of God, riot, civil unrest, earthquake, flood, terrorism, war, act of civil or military authority, or any other natural or man-made eventuality outside control of the parties and which could not have been reasonably foreseen. No claims whatsoever on account of the same shall be entertained by Handistic.com.

32.   Relation –

The Website is only a platform where the Seller and the Customer/User interact with each other on a principal-to-principal basis. The pricing, shipping costs, payment terms, payment methods, date, period and mode of delivery, warranties related to Products listed for sale are in accordance with such obligations and based on bipartite contractual obligations between the Seller, the website owner and the Customer/User.Handistic.com does not involve itself in the offer or acceptance of such commercial and/or contractual terms between the Seller and the Customer/User. Further, the relationship between the User and the Website is that of an independent party, and nothing herein constitutes or creates any employment, agency, distributorship, franchise, joint venture, partnership or other similar legal relationship between the parties. Neither party shall have any right or authority to act on behalf of or to bind the other nor shall any party represent that it has such right or authority.

33.   Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

34.   Anti Discrimination and Hate Speech Policy –

Following are the rights and accountability of a Customer/User on Handistic.

 

The basic aim of Handistic is to become a bridge between customers and the immense talented people who make handmade products with love. At Handistic, we want people to feel safe and build a positive experience. This policy explains how we work towards building the same and foster healthy business.

This policy is a part of our Terms and Conditions. By using Handistic, you’re agreeing to this policy and our Terms of Use.

Handistic forbids the use of our Services to discriminate against people based on the following personal attributes (collectively, “protected groups”):

 

·         Race

·         Color

·         Ethnicity

·         National origin

·         Religion

·         Gender

·         Gender identity

·         Sexual orientation

·         Disability

·         Any other characteristic protected under applicable law

 

It is individual’s responsibility to know their local laws and any other legal regulations on discrimination that might apply to you. Additionally, Handistic does not allow hate speech. Hate speech occurs when violent, offensive, derogatory or demeaning language is directed at a person or group based on their one or more protected group attributes.

 

Whether you’re engaging with public features on Handistic, such as listing items, using community spaces, and writing reviews, or having direct communication with other members of the Handistic community, such as via Messages, discrimination and hate speech are not allowed. As a seller on Handistic, your shop content, including shop announcements and shop policies, cannot display discriminatory behavior toward protected groups. Examples of prohibited behavior include, but are not limited to:

·         Refusal of service based on membership in one or more protected group

·         Expressing intolerance or a lack of respect for another member on the basis of protected group attributes

·         Having a shop policy that excludes sales to members of one or more protected groups listed above

·         Directly or indirectly making derogatory or demeaning remarks against protected groups listed above

·         Racial slurs

·         Posts that support or glorify hate groups and their members

If you think discrimination or hate speech has occurred on Handistic, please report it by emailing info.handistic@gmail.com, and we will investigate. If you see a listing on Handistic which you believe violates our Prohibited Items Policy, including prohibited hate items, we encourage you to flag the item by using the Report this item to Handistic email id provided above. We have a timely review process for all reports.

35.   Governing Law –

The T&C shall be governed by laws of India.