Terms of Use

Sell-O-Brity Closet Admin|

 

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.www.sell-o-britycloset.com website.

The domain name www.www.sell-o-britycloset.com, including the related mobile site (hereinafter referred to as “Platform”) is owned and operated by Sell-o-britycloset (hereinafter referred to as ‘sell-o-britycloset’), located at Q-65, Diamond District, Old Airport India, Kodihalli, Bengaluru, 560008, Karnataka, India.

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean sell-o-britycloset.

Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with sell-o-britycloset, and these terms and conditions including the policies constitute your binding obligations to sell-o-britycloset.

When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform.  Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting the ToU, you also accept and agree to be bound by all of sell-o-britycloset’s policies applicable to you, as amended, from time to time.

Seller Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872. Sell-o-britycloset reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to sell-o-britycloset’s notice or discovered that you are persons  who are “incompetent to contract”.

Your Account and Registration Obligations

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.

Seller Account Deactivation:
As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said seller for downloading payment reports, if required. After 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by sell-o-britycloset at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with sell-o-britycloset again, he/she will not be able to create a new account but the older account can be restored if it is required.

 

Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. sell-o-britycloset is not and cannot be a party to any transaction or dispute between users on the Platform.

Consequently:

  1. The commercial terms are offered by you and agreed upon between you and buyers alone. Sell-o-britycloset does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial terms between you and buyers.
  2. sell-o-britycloset does not make any representations or warranties regarding specifics (such as quality, value, and availability for sale) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. sell-o-britycloset does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. sell-o-britycloset accepts no liability for any errors or omissions of third parties in relation to the products and services.
  3. sell-o-britycloset is not responsible for any non-performance or breach of any contract between sellers and buyers. sell-o-britycloset cannot and does not guarantee that sellers and buyers concerned will perform transaction(s) concluded on the Platform. sell-o-britycloset shall not and is not required to mediate or resolve disputes or disagreements between sellers and buyers.
  4. sell-o-britycloset does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
  5. At no time shall sell-o-britycloset have any obligations or liabilities with respect to your products. sell-o-britycloset is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
  6. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. sell-o-britycloset only provides a platform for communication.
  7. You cannot release and indemnify sell-o-britycloset and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, sell-o-britycloset cannot control the information provided by other users which is made available on the Platform. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform.

Use of the Platform

You agree and understand that sell-o-britycloset and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. sell-o-britycloset shall bear no responsibility or liability in relation to or arising out of third party user generated content. sell-o-britycloset neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission.  sell-o-britycloset is merely an intermediary.

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

(a) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(b) is false, inaccurate  or misleading in any way;

(c) 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;

(d) harasses or advocates harassment of another person;

(e) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys;

(f) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(g) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);

(h) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;

(j) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

(k) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(l) interferes with another’s use and enjoyment of the Platform;

(m) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;

(n) harms minors in any way;

(o) infringes any patent, trademark, third-party’s trade secrets, or privacy, is fraudulent, or involves the sale of stolen items;

(p) violates any law for the time being in force;

(q) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

(r) contains software viruses or any other computer codes, 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) 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 offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.

(t) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;

(u) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

  1. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, 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 your own information) provided by the Platform.
  4. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms sell-o-britycloset, www.sell-o-britycloset.com or otherwise engage in any conduct or action that might tarnish the image or reputation of sell-o-britycloset or sellers on the platform or otherwise tarnish or dilute any sell-o-britycloset trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or sell-o-britycloset’s systems, networks, or any systems or networks connected to sell-o-britycloset.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
  6. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
  7. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of sell-o-britycloset and/or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law.
  9. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of sell-o-britycloset.
  10. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material 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 the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. sell-o-britycloset shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect sell-o-britycloset’s views. In no event shall sell-o-britycloset assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform.
  11. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
  12. Sell-o-britycloset shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
  13. Sell-o-britycloset and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organise/enable promotional campaigns on the Platform for the benefits of the customers/Sellers. Partners/third party sponsors may prescribe certain objective qualifying criteria to identify Sellers who will be eligible for the benefits of the campaign. All Sellers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaign. In the event any Seller does not qualify based on the objective criteria, Sellers may choose to participate in such campaigns by expressly opting-in for them. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products. For avoidance of any doubt, some Sellers may qualify, and some may not, based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.

 

 

Selling

As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. Sell-o-britycloset reserves the right to restrict the selling of products originating from certain countries.

Compliance on selling of goods/services

You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.

It is your responsibility to make remittance of such taxes to the Government.  Sell-o-britycloset shall not be responsible for any deficiency and/ or omission on your part.

Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.

In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to sell-o-britycloset to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you.

In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.

You agree and undertake that You shall not, at any time, purchase more than 25% of your inventory (in terms of annualised value in a financial year), purported to be sold on the Platform, from sell-o-britycloset or its Group Companies. Group Company shall have the meaning as per the extant Foreign Direct Investment Policy of India.

We do not mandate that any of your Products should be sold exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.

As per Section 194-O of the Finance Act, 2020, sell-o-britycloset will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Platform at 1% .

Content Posted on the Platform

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Sell-o-britycloset has no responsibility or liability over such third-party generated Content as Sell-o-britycloset is merely an intermediary for the purposes of this ToU.

You shall be responsible for the Content posted or transmitted on the Platform by You. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.

Payment

  1. Transactions and all commercial terms such as delivery, dispatch of products  and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment and delivery facility shall not render sell-o-britycloset liable or responsible for 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 the Platform.
  2. You have specifically authorized sell-o-britycloset or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically to and from buyers in respect of transactions through payment facility. Your relationship with sell-o-britycloset is on a principal to principal basis and by accepting the ToU, you agree that sell-o-britycloset is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Sell-o-britycloset does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
  3. You understand, accept, and agree that the payment facility provided by sell-o-britycloset is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, sell-o-britycloset neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
  4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports 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 and with the respective issuing bank.

Dispatch of products and/or services

  1. You, as a seller, shall be required to dispatch / hand over the products and/or services for every transaction to the our delivery facilitator within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Sell-o-britycloset will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
  2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to sell-o-britycloset in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
  3. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
  4. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
  5. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
  6. a) Buyer confirms the delivery of products and/or services in the transaction;
  7. b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
  8. c) Buyer’s refund claim is rejected by sell-o-britycloset due to any breach of the ToU, policies, and any applicable law;

Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

  1. You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by sell-o-britycloset.

 

 

Charges

Registration on the Platform is free. sell-o-britycloset does not charge any fee for browsing/registering on the Platform. Sell-o-britycloset reserves the right to change its fee policy from time to time. In particular, sell-o-britycloset 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, sell-o-britycloset 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 (INR) and payable to sell-o-britycloset. You hereby agree that sell-o-britycloset shall have the right to set off any amounts due and payable by You to sell-o-britycloset against any payments due from sell-o-britycloset to You.

 

GST /Taxes:  You are responsible for paying all applicable taxes, cesses levied as may be applicable to the transaction thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable).

  1. A seller agrees that sell-o-britycloset may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. sell-o-britycloset, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that sell-o-britycloset reserves the right to withdraw Express Remittance at any time for any violation of the ToU or sell-o-britycloset’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by sell-o-britycloset from time to time.
  2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf.  The invoice shall then be generated and sent to the seller. The seller shall be required to print the invoice and affix the same on the consignment. The invoice generated by sell-o-britycloset shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
  3. Sell-o-britycloset may delay notifying the payment confirmation, i.e. informing the seller to dispatch if sell-o-britycloset deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, sell-o-britycloset may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
  4. Sellers acknowledge that sell-o-britycloset will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of sell-o-britycloset.
  5. Sell-o-britycloset shall make payments into the bank account provided by a seller during the seller registration process. Once sell-o-britycloset has made payments into such a bank account number, sell-o-britycloset shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

Compliance with Laws:

  1. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.
  2. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of sell-o-britycloset (or any sell-o-britycloset group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“sell-o-britycloset’s Personal Information”), you agree to:
  1. comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
  2. keep and maintain all sell-o-britycloset’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
  3. process sell-o-britycloset’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes,  or otherwise make an unauthorized disclosure of sell-o-britycloset’s Personal Information to any third party.
  1. If and to the extent that you provide yours or others’ Personal Information to sell-o-britycloset for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to sell-o-britycloset or any processing by sell-o-britycloset under this ToU. We will only use information provided by you in accordance with this ToU and our Privacy Policy available at www.www.sell-o-britycloset.com

 

Product Description

Sell-o-britycloset does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:

  1. if you breach the ToU, privacy policy or other policies (if any);
  2. if we are unable to verify or authenticate any information you provide;
  3. if it is believed that your actions may cause legal liability for you, other users, or us; or

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless sell-o-britycloset its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

 

Limitation of Liability

IN NO EVENT SHALL sell-o-britycloset BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF Sell-o-britycloset HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. sell-o-britycloset makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and sell-o-britycloset is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

Contact Us

Please send any comments or questions, including all enquiries, by raising an incident.

Grievance Officer

In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

 

Mr. Anand Prakash Bhatnagar

Sell-O-Brity Closet

Q-65, Diamond District,

Old Airport Road, Kodihalli,

Bengaluru – 560008, Karnataka, India

Phone: 99000 54040

Email: support@wordpress-1206801-4270212.cloudwaysapps.com

 

Terms of Use

Sell-O-Brity Closet Admin|

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.www.sell-o-britycloset.com website.

The domain name www.www.sell-o-britycloset.com, including the related mobile site (hereinafter referred to as “Platform”) is owned and operated by Sell-o-britycloset (hereinafter referred to as ‘sell-o-britycloset’), located at Q-65, Diamond District, Old Airport India, Kodihalli, Bengaluru, 560008, Karnataka, India.

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Platform by providing registration data while registering on the Platform using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Platform and the terms ‘we’, ‘us’ and ‘our’ shall mean sell-o-britycloset.

Your use of the Platform and the features therein is governed by the following terms and conditions (ToU) including applicable policies available on the Platform, notifications and communications sent to you on the Platform which are incorporated herein by way of reference. If you transact on the Platform, you shall be subject to the policies that are applicable to the Platform for such a transaction. By mere use of the Platform you shall be contracting with sell-o-britycloset, and these terms and conditions including the policies constitute your binding obligations to sell-o-britycloset.

When you use any current or future services provided by us through the Platform you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time. We will notify you through any of the communication modes as mentioned in this ToU in case of any changes or updates to the ToU that materially impact your use of the Platform.  Your continued use of the Platform following the changes or updates will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Platform.

ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU. PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By implicitly or expressly accepting the ToU, you also accept and agree to be bound by all of sell-o-britycloset’s policies applicable to you, as amended, from time to time.

Seller Eligibility

The use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872. Sell-o-britycloset reserves the right to terminate your registration and/or refuse you access to the Platform if it is brought to sell-o-britycloset’s notice or discovered that you are persons  who are “incompetent to contract”.

Your Account and Registration Obligations

In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.

Seller Account Deactivation:
As per our policy, if a seller requests for a closure of the account, the account will be put on hold for a period of 90 days to ensure smooth closure of transactions which have been made prior to his closure request and this will be available to the said seller for downloading payment reports, if required. After 90 days, the seller would be required to reach out to us confirming that he has downloaded the reports and requesting for a deactivation again. Upon receiving this confirmation, the seller’s account will be deactivated provided there are no outstanding payments due from the seller, with certain information being retained by sell-o-britycloset at all times, such as registered mobile number, registered email ID, GSTIN and other transaction related information. Such information is being retained for audit purposes and to prevent fraudulent acts by the sellers in the future. If a seller decides to commence his business with sell-o-britycloset again, he/she will not be able to create a new account but the older account can be restored if it is required.

Communications

When you use the Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that users utilize to independently meet and interact with one another for their transactions. sell-o-britycloset is not and cannot be a party to any transaction or dispute between users on the Platform.

Consequently:

  1. The commercial terms are offered by you and agreed upon between you and buyers alone. Sell-o-britycloset does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial terms between you and buyers.
  2. sell-o-britycloset does not make any representations or warranties regarding specifics (such as quality, value, and availability for sale) of the products or services proposed to be sold, offered to be sold or purchased on the Platform. sell-o-britycloset does not implicitly or explicitly support or endorse the sale or purchase of any products and services on the Platform. sell-o-britycloset accepts no liability for any errors or omissions of third parties in relation to the products and services.
  3. sell-o-britycloset is not responsible for any non-performance or breach of any contract between sellers and buyers. sell-o-britycloset cannot and does not guarantee that sellers and buyers concerned will perform transaction(s) concluded on the Platform. sell-o-britycloset shall not and is not required to mediate or resolve disputes or disagreements between sellers and buyers.
  4. sell-o-britycloset does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Platform and use your best judgment in that regard.
  5. At no time shall sell-o-britycloset have any obligations or liabilities with respect to your products. sell-o-britycloset is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
  6. The Platform is only a platform that can be utilized by you to reach a larger customer base to sell items or services. sell-o-britycloset only provides a platform for communication.
  7. You cannot release and indemnify sell-o-britycloset and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, sell-o-britycloset cannot control the information provided by other users which is made available on the Platform. You may find other user’s information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Platform.

Use of the Platform

You agree and understand that sell-o-britycloset and the Platform merely provide hosting services to its registered users and persons browsing/visiting the Platform. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. sell-o-britycloset shall bear no responsibility or liability in relation to or arising out of third party user generated content. sell-o-britycloset neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission.  sell-o-britycloset is merely an intermediary.

You agree, undertake and confirm that your use of the Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information or image which:

(a) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(b) is false, inaccurate  or misleading in any way;

(c) 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;

(d) harasses or advocates harassment of another person;

(e) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’; including spamming by ways of unrelated feedbacks on surveys;

(f) promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(g) contains restricted or password-only access pages, hidden pages or images or URLs leading to any other pages (those not linked to or from another accessible page);

(h) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses;

(j) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);

(k) solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;

(l) interferes with another’s use and enjoyment of the Platform;

(m) refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of ToU;

(n) harms minors in any way;

(o) infringes any patent, trademark, third-party’s trade secrets, or privacy, is fraudulent, or involves the sale of stolen items;

(p) violates any law for the time being in force;

(q) deceives or misleads the addressee/ users about the origin of messages or communicates any information which is grossly offensive or menacing in nature;

(r) contains software viruses or any other computer codes, 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) 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 offence or prevents investigation of any offence or is insulting any other nation; offends the religious and national sentiments of the nation as included in ‘Zero Tolerance to Profanity, Hurting National and Religious Sentiments’ policy.

(t) shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item 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;

(u) shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.

  1. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Platform or content or in any way reproduce, or circumvent the navigational structure, presentation of the Platform, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Platform. We reserve our right to bar any such activities.
  2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, other systems, networks connected to the Platform, server, computer, network, or the services offered on or through the Platform by hacking, password ‘mining’, or any other illegitimate means.
  3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform or breach the security, authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Platform (including any account on the Platform that is not owned by you) or to its source or exploit the Platform, any service, 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 your own information) provided by the Platform.
  4. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms sell-o-britycloset, www.sell-o-britycloset.com or otherwise engage in any conduct or action that might tarnish the image or reputation of sell-o-britycloset or sellers on the platform or otherwise tarnish or dilute any sell-o-britycloset trademark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or sell-o-britycloset’s systems, networks, or any systems or networks connected to sell-o-britycloset.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform, any transaction being conducted on the Platform or any other person’s use of the Platform.
  6. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Platform, or any service offered on or through the Platform. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
  7. You may not use the Platform or any content for any purpose that is unlawful or prohibited by the ToU or to solicit the performance of any illegal activity or other activity which infringes the rights of sell-o-britycloset and/or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the other rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law.
  9. Solely to enable us to use the information you provide us with and so that we do not violate any rights you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple-tiers) right to exercise the copyright, publicity or database rights or any other rights you have in your information for any current or future promotional or advertising related activities and any business purposes of sell-o-britycloset.
  10. You may not transmit any chain letters or unsolicited commercial or junk email to other users acquired/via the Platform. It shall be a violation of the ToU to use any information obtained from the Platform in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material 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 the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Platform. sell-o-britycloset shall have the right, at its sole discretion, to remove any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND YOUR INDEPENDENT COMMUNICATION WITH THE BUYERS AND OTHER SELLERS, REGARDLESS OF FORM. Please be advised that such content posted does not reflect sell-o-britycloset’s views. In no event shall sell-o-britycloset assume or have any responsibility or liability for any content posted on the Platform or claims, damages, or losses resulting from its use and/or appearance of it on the Platform.
  11. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Platform (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Platform.
  12. Sell-o-britycloset shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
  13. Sell-o-britycloset and/or its affiliates may from time to time in partnership/association with its partners and/or third-party sponsors, organise/enable promotional campaigns on the Platform for the benefits of the customers/Sellers. Partners/third party sponsors may prescribe certain objective qualifying criteria to identify Sellers who will be eligible for the benefits of the campaign. All Sellers who qualify based on the objective criteria provided by such sponsors of the campaign will be auto opted-in and be able to obtain the benefits of such promotional campaign. In the event any Seller does not qualify based on the objective criteria, Sellers may choose to participate in such campaigns by expressly opting-in for them. In the event a Seller opts in for such promotional campaigns that they are not eligible for to enhance their sales, they will have to bear the cost of such promotional campaigns, if any, limited to the sales of their products. For avoidance of any doubt, some Sellers may qualify, and some may not, based on the qualifying criteria set for each individual campaign. Please refer to the campaign communication/notifications for more details, as may be communicated to you from time to time.

 

Selling

As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this ToU. Listings may only include text descriptions, graphics, pictures or videos that describe your item for sale. All items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. Sell-o-britycloset reserves the right to restrict the selling of products originating from certain countries.

Compliance on selling of goods/services

You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.

It is your responsibility to make remittance of such taxes to the Government.  Sell-o-britycloset shall not be responsible for any deficiency and/ or omission on your part.

Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.

In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to sell-o-britycloset to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.

You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you.

In the event of any conflict between the terms of this clause and any other clause in these terms of use, the provisions of this clause will prevail.

You agree and undertake that You shall not, at any time, purchase more than 25% of your inventory (in terms of annualised value in a financial year), purported to be sold on the Platform, from sell-o-britycloset or its Group Companies. Group Company shall have the meaning as per the extant Foreign Direct Investment Policy of India.

We do not mandate that any of your Products should be sold exclusively on the Platform. Any written or oral arrangements to the contrary, shall stand unilaterally waived.

As per Section 194-O of the Finance Act, 2020, sell-o-britycloset will deduct TDS on the gross amount of sale (excluding GST) of goods or provision of services provided through the Platform at 1% .

Content Posted on the Platform

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘Content’) are third-party generated Content and Sell-o-britycloset has no responsibility or liability over such third-party generated Content as Sell-o-britycloset is merely an intermediary for the purposes of this ToU.

You shall be responsible for the Content posted or transmitted on the Platform by You. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law,  use the Content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us, consistent with this TOU, and you are not entitled to any payment or other compensation for such use.

Payment

  1. Transactions and all commercial terms such as delivery, dispatch of products  and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment and delivery facility shall not render sell-o-britycloset liable or responsible for 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 the Platform.
  2. You have specifically authorized sell-o-britycloset or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically to and from buyers in respect of transactions through payment facility. Your relationship with sell-o-britycloset is on a principal to principal basis and by accepting the ToU, you agree that sell-o-britycloset is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Platform and paid for by using the payment facility. Sell-o-britycloset does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
  3. You understand, accept, and agree that the payment facility provided by sell-o-britycloset is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, collection and remittance for transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, sell-o-britycloset neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
  4. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports 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 and with the respective issuing bank.

Dispatch of products and/or services

  1. You, as a seller, shall be required to dispatch / hand over the products and/or services for every transaction to the our delivery facilitator within the time period as provided in the TOU to ensure that the products and/or services are delivered in a timely manner. Sell-o-britycloset will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform
  2. Seller shall provide dispatch details and details of after-sales services related to products and services listed by it on the Platform to sell-o-britycloset in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
  3. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
  4. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the TOU and may lead to suspension and/or termination of seller account.
  5. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
  6. a) Buyer confirms the delivery of products and/or services in the transaction;
  7. b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
  8. c) Buyer’s refund claim is rejected by sell-o-britycloset due to any breach of the ToU, policies, and any applicable law;

Once the transaction is completed by the Seller, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

  1. You are required to route all shipments/consignments through the Logistic Partner, unless otherwise specified. ‘Logistic Partner’ shall mean a logistic service provider as approved by sell-o-britycloset.

 

Charges

Registration on the Platform is free. sell-o-britycloset does not charge any fee for browsing/registering on the Platform. Sell-o-britycloset reserves the right to change its fee policy from time to time. In particular, sell-o-britycloset 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, sell-o-britycloset 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 (INR) and payable to sell-o-britycloset. You hereby agree that sell-o-britycloset shall have the right to set off any amounts due and payable by You to sell-o-britycloset against any payments due from sell-o-britycloset to You.

GST /Taxes:  You are responsible for paying all applicable taxes, cesses levied as may be applicable to the transaction thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable).

  1. A seller agrees that sell-o-britycloset may offer to provide express remittance to eligible sellers as per payments settlement policy. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. sell-o-britycloset, at its sole discretion, may make such an offer to eligible sellers and the same shall not be construed as a right but only as a privilege. Eligible sellers understand that sell-o-britycloset reserves the right to withdraw Express Remittance at any time for any violation of the ToU or sell-o-britycloset’s policies and/or failure by the eligible sellers to maintain or comply with the parameters as may be decided by sell-o-britycloset from time to time.
  2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf.  The invoice shall then be generated and sent to the seller. The seller shall be required to print the invoice and affix the same on the consignment. The invoice generated by sell-o-britycloset shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these terms of use, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
  3. Sell-o-britycloset may delay notifying the payment confirmation, i.e. informing the seller to dispatch if sell-o-britycloset deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, sell-o-britycloset may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
  4. Sellers acknowledge that sell-o-britycloset will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of sell-o-britycloset.
  5. Sell-o-britycloset shall make payments into the bank account provided by a seller during the seller registration process. Once sell-o-britycloset has made payments into such a bank account number, sell-o-britycloset shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.

Compliance with Laws:

  1. Seller shall comply with all laws and regulations applicable, including but not limited to anti-money laundering and economic sanctions laws and regulations. Neither party will engage in a transaction pursuant to this ToU that will cause the other party to violate such regulations.
  2. If and to the extent that you collect, access, use, store, record, or otherwise process (collectively “Process”) any personally identified or identifiable information such as name, age, gender, email address, physical address, phone number, in any form that can be linked to a specific individual (“Personal Information”) received by you from or on behalf of sell-o-britycloset (or any sell-o-britycloset group company) employees, contractors, users, partners, or other third parties or otherwise obtained in connection with performing your obligations under this ToU (“sell-o-britycloset’s Personal Information”), you agree to:
  1. comply with applicable data protection laws, rules and regulations governing the collection, use, protection, breach notification, retention, disclosure of Personal Information including but not limited to Information Technology Act, 2000 and the Information Technology (Reasonable Security practices and procedures and sensitive personal data or information) Rules, 2011 (“Applicable Data Protection Law”), including any requirements applicable to storage or cross-border transfer of Personal Information outside India;
  2. keep and maintain all sell-o-britycloset’s Personal Information in strict confidence and the obligation to protect Personal Information shall survive in perpetuity; and
  3. process sell-o-britycloset’s Personal Information solely to fulfil Your obligations under this ToU and not sell, rent, trade, lease, use for its own advertisement or marketing purposes,  or otherwise make an unauthorized disclosure of sell-o-britycloset’s Personal Information to any third party.
  1. If and to the extent that you provide yours or others’ Personal Information to sell-o-britycloset for processing, you warrant that such Personal Information was collected lawfully, and there is no restriction on you under the Applicable Data Protection Law, from providing such Personal Information to sell-o-britycloset or any processing by sell-o-britycloset under this ToU. We will only use information provided by you in accordance with this ToU and our Privacy Policy available at www.www.sell-o-britycloset.com

Product Description

Sell-o-britycloset does not warrant that product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Platform, or put your account on hold, in the event of, including but not limited to, the following:

  1. if you breach the ToU, privacy policy or other policies (if any);
  2. if we are unable to verify or authenticate any information you provide;
  3. if it is believed that your actions may cause legal liability for you, other users, or us; or

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Platform (through itself or any other entity or legal form) in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless sell-o-britycloset its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

Limitation of Liability

IN NO EVENT SHALL sell-o-britycloset BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF Sell-o-britycloset HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable Law

The ToU shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Bangalore.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. sell-o-britycloset makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and sell-o-britycloset is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.

Contact Us

Please send any comments or questions, including all enquiries, by raising an incident.

Grievance Officer

In accordance with the IT Act, 2000, and the rules thereunder, the name and contact details of the grievance officer are provided below:

Mr. Anand Prakash Bhatnagar

Sell-O-Brity Closet

Q-65, Diamond District,

Old Airport Road, Kodihalli,

Bengaluru – 560008, Karnataka, India

Phone: 99000 54040

Email: support@wordpress-1206801-4270212.cloudwaysapps.com