Vyanra

Seller’s Terms & Conditions

Vyanra is the author and publisher of the internet resource www.vyanra.com Vyanra owns and operates the services provided through the Website.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 or usage of www.vyanra.com website.

The domain name www.vyanra.com (hereinafter referred to as “Website”) is owned by Vyanra Creation Pvt. Ltd. with its registered office at 258 R Model Town Yamunanagar, Haryana 135001 (hereinafter referred to as “Vyanra“) is an Indian electronic commerce company based in Haryana, India.

These Terms of Use of the website located at the URL https://vyanra.com/ (the Website) is between Vyanra Creation Pvt. Ltd. (hereinafter referred to as “Vyanra” or “We” or “Us” or “Our”) and the Registered Sellers of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “Seller”) describe the terms on which Vyanra offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

NATURE AND APPLICABILITY OF TERMS

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://vyanra.com/privacy-policy/ (“Privacy Policy”) before you decide to register on the Website by Vyanra. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Vyanra in connection with your registration to the Website and your use of the Services (as defined below).

For the purpose of these Terms of Use, wherever the context so requires “You” or “Seller” shall mean any natural or legal person who has agreed to become a seller on the Website by providing Registration Data while registering on the Website as Registered Seller using the computer systems.

You understand and agree that the Company merely provide hosting services to its Seller who access Vyanra for sale of unique products (that are permitted to be sold under applicable law). All items advertised and/or listed on Vyanra and the contents therein are advertised and listed are of sellers. You also give permission to the Website and the Company to store details and records of your usage of Vyanra indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.

For the purposes of listing any item on Vyanra to be sold or availing other services provided by the Company through Vyanra such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the terms and conditions. The Company reserves the right to introduce new services or modify the existing services provided on Vyanra. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the Seller Agreement or any of the rules and policies of the Company shall be notified or posted on Vyanra and such changes shall automatically become effective immediately after they are posted on Vyanra.

All fees/ charges shall be quoted in Indian Rupees and shall be payable to Vyanra Creation Pvt. Ltd. within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of Vyanra and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with Vyanra and disallow access to Vyanra. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.

The Company offers listing, packing, courier, warehousing, design and other value added services (Vyanra Logistics) to the sellers who opt to avail any of the Vyanra Logistics services. The sellers will be charged for such services availed from Vyanra Logistics.

Any information provided by you to the Company or submitted to Vyanra or provides or display to other Sellers of Vyanra in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Sellers. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Vyanra Policies (including but not limited to Privacy Policy available at Privacy) as amended from time to time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at sellersupport@vyanra.com

Your access to use of the Website and the Services will be solely at the discretion of Vyanra. The Agreement is published in compliance of, and is governed by the provisions of Indian law.

SERVICES

The Website is an electronic platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for sellers to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and (d) such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.

MEMBERSHIP ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. You must be 18 years of age or older to register, use the Services, or use the Website in any manner. By registering and using the Website or accepting this Agreement, you represent and warrant to Vyanra that you are 18 years of age or older, and that you have the right, authority and capacity to register on the Website and agree to abide by this Agreement. Vyanra reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Vyanra notice or if it is discovered that you are under the age of 18 years.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

  • The seller may access and use the Website by signing-up as a Registered Seller.
  • If you use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
  • Your mobile number and/or email address is treated as your primary identifier on the Website. It is your responsibility to ensure that your mobile phone number and your email address is up to date on the Website at all times.

LISTING AND SELLING

A Seller can register itself at Seller account. Every designer has to submit his/her Fashion Designing Certificate in order to register itself on the web portal and further to avoid any fraud. A Seller while registering has to provide either his personal or Company GST number/ PAN card along with Bank account and supporting KYC documents and Cancelled Cheque, Address Proof. The Seller will be intimidated about order through SMS or email.

  • Registered Seller of Vyanra can sell their designer products. All items and offers of a seller will be listed on the web portal vyanra.com. The products of the seller should be registered under a specific category. Vyanra is an exclusive marketplace for designer items wherein the Sellers would be categorized into three categories i.e. Silver, Gold and Platinum according to their performance. Sellers are solely responsible for all items listed on Vyanra and for the compliance with legal regulations. Information provided by you shall be true, accurate and complete. You are obliged to update this data as and when necessary and to always provide up-to- date information.
  • Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Vyanra policies. You also warrant that you may legally sell the item. A Seller must list a minimum of 3 products is compulsory at the time of registration and at least 1 new product should be listed every month. You must accurately describe your item and all terms of sale on Vyanra. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. Listing a product can be done by the seller itself as a complete process for listing shall be provided by Vyanra or a manager can be appointed if required by the seller.
  • Binding Sale: That all sales are binding. That as soon as the order is received by the seller, it should immediately be packed by the seller and handed over to Vyanra’s logistic team. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. The user must receive the product within 7-15 working days from the date of its order placement. In case the product is returned then the seller would be refunded the amount after deducting the transaction fee. In case the Seller is not able to fulfil his obligation then the Seller has to inform Vyanra within 24 hours.
  • Product Customization: A seller would provide customized products to the User. In case a seller fails to customize a particular product or the outfit is not as per the measurements given by the costumer. The Seller will be responsible to alter the product within 7 days from the date of receiving of the returned product to the seller. The Seller will have to alter the product without a charge and further the shipping charges as well will have to be borne by the seller. Further Vyanra is very particular about its quality and hence the seller should at all-time deal in good/high-quality materials. Also the threads used for stitching the clothes by the seller should be of high quality and final product should be well finished.
  • Catalogue: Attractive images of the product shall as per product photography guidelines be required to be provided by the Seller for designing a catalogue. If the seller requires then an expert team of catalogue designer of Vyanra can design it.
  • Payment Settlement to Seller: The amount shall be credited to the seller’s bank account within 7-15 days from the date of successful delivery of the product to the buyer. The amount credited would include the products selling price and shipping charges paid by the customer but would exclude Vyanra fee (including GST) and the discount (if any) offered by sellers on the particular product.
  • You are responsible for ensuring that you have the right to use all content on your listing and that Vyanra has the right to host it on our servers. All content may only refer to the items listed on Vyanra and may not advertise goods not listed on com. All information relevant to the purchase decision must be true, accurate and complete. All information related to payment, delivery and delivery time must be complete. As a business person offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law. Vyanra reserves the right to delist and delete items if an item infringes legal regulations, these Terms & Conditions or the principle and rules of vyanra.com.

 

ORDER

The Seller will be intimated through SMS or Email about the order details or as per the seller’s convenience.

COMMUNICATIONS

When You use the Website or send emails or 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 and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PACKAGING ADVICE

It is of utmost importance that the items do not get damaged on their delivery. Packaging material shall be provided by Vyanra with branding if the seller does not have it, else the packaging paper /courier bag along with branding shall be provided. This is done to ensure that the user receives the parcel correctly/safely.

RETURN AND REFUND POLICY

  • In case of customized dress if the Seller has failed to provide the product as per the fitting then alteration of the said product can be done at the customer’s request by the Seller without any extra charge and shipping charges shall also borne by the seller only.
  • In case of fitting issue in the customized dress due to wrong measurement given by the customer, then seller will offer free alteration for the first time within 7 days from the date of receiving of the order. However, the courier charges will have to be borne by the customer.
  • In case of returns, the seller shall be refunded after deducting a fixed transaction fee.

 

CANCELLATION POLICY

The Sellers would be charged 5% in case of order cancelation/ wrong & damage products from seller’s end. Any clarifications on the cancellation can be sought by sending us a mail at sellersupport@vyanra.com

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall our officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless our parent, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

In case it is found by the Company that the seller is displaying/ selling fake designs or replicas or displaying products made from illegal leather or any other material prohibited or restricted under provisions of Indian laws. That the seller will be initially given three warnings to withdraw/remove the said products from the Company website if not complied with then the seller’s account will be terminated.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

APPLICABLE LAW AND DISPUTE SETTLEMENT

You agree that this Agreement and any contractual obligation between Vyanra and Seller will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Vyanra. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Yamunanagar, Haryana. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above Clause the courts at Yamunanagar shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

CONTACT INFORMATION GRIEVANCE OFFICER

If a Seller has any questions concerning Vyanra, the Website, this Agreement, the Services, or anything related to any of the foregoing, Vyanra seller support can be reached at the following email address: sellersupport@vyanra.com or via the contact information available from the following hyperlink https://vyanra.com/contact/

In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact at sellersupport@vyanra.com

CHANGES TO TERMS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Vyanra. Any consent by Vyanra to, or a waiver by Vyanra of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.