Access to and use of the worldwide website (“LOVETOHAVE.IT and LOVEOTHAVE.IN” hereinafter referred to as “LOVE TO HAVE”) owned by M/s LOVE OT HAVE INFO TECH PVT LTD, is provided and allowed only to person(s) in the jurisdiction(s) where it is lawful to provide such services, and subject to the terms, conditions and notices hereunder, as modified from time to time. Your accessing and using this website/LOVE TO HAVE, constitutes your agreement to these terms, conditions and notices. As a registered user of this website/LOVE TO HAVE, this Agreement shall be effective and binding upon your “Acceptance” of these terms and conditions. Acceptance means your act of clicking on the Check Box and on the Continue Button as provided on the User Registration page. Note if you do not agree or are not willing to be bound by the terms and conditions of this Agreement, please do not click on the “Check Box” and the “Continue” button and do not seek access to or otherwise use the website/LOVE TO HAVE.
For the purposes of this Agreement, the words/phrases defined herein below shall be construed accordingly, unless repugnant to the context or the meaning thereof.
1.1 “ Agreement” means this particular Agreement between You and LOVE TO HAVE, as it exists mutatis mutandis, and includes any and all schedules, appendices, annexures, privacy policies for the access and use of this Website.
1.2 “User” means and includes any and each person who establishes a connection for access to and use this website, and includes a Registered User, who registers on this Website.
1.3 “Website” means worldwide website in the domain of lovetohave.it / lovetohave.in operated as LOVE TO HAVE and, inter alia, provide a platform to sellers/buyers for showcasing and sale/purchase of various products sold by them and for providing transactional information in relation to any transactional of purchase/sale of products entered into between the sellers/buyers through this Website.
1.4 “You” means and includes any and each person as has been defined in “User” above.
1.5 “Seller” means the person, who/which showcases various products on the Website for sale to buyers through this website or generally through this Website, and includes franchisee/s of LOVE TO HAVE or non-franchisee sellers.
1.6 “Buyer” means the person, who/which places an order for purchase of a product on the seller through this website or generally through this website.
1.7 “Individual” or “Person” means and includes any individual, firm, company, governmental authority, joint venture, partnership, association or any other entity (whether or not having separate legal entity).
2. LOVE TO HAVE IS A VENUE
2.1 LOVE TO HAVE acts as a venue to allow Users who comply with LOVE TO HAVE’s policies to offer, sell and buy certain goods within a fixed-price format. LOVE TO HAVE is NOT directly involved in the transactions between Buyers and Sellers. As a result, LOVE TO HAVE has no control over the quality, safety, morality or legality of any aspect of the items listed or the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to pay for items. LOVE TO HAVE does not pre-screen Users or the content or information provided by Users. LOVE TO HAVE cannot ensure that a Buyer or Seller will actually complete a transaction.
2.2 Consequently, LOVE TO HAVE does not transfer legal ownership of items from the Seller to the Buyer.
2.3 LOVE TO HAVE cannot guarantee the true identity, age, and nationality of a User. The User agrees that LOVE TO HAVE is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on LOVE TO HAVE. User will use the LOVE TO HAVE service at his/her own risk.
2.4 User agrees that the sole purpose of registering or using the Website is to buy or sell unique art and craft products including any products which are created by your hand as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and User shall not use this Website for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought in any manner.
3. ELIGIBILITY OF AND REPRESENTATIONS BY THE USER:
3.1 LOVE TO HAVE’s services are available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. User represents and warrants that he/she is at least 18 years of age and that all registration information submitted is accurate and truthful. LOVE TO HAVE reserves the right at its discretion to refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. These provisions are void where prohibited by law and the right to access the website is revoked in such jurisdictions.
4. USER ACCOUNT, PASSWORD AND SECURITY:
4.1 User will be able to access this Website only by registering with us, which the User must do by providing LOVE TO HAVE with current, complete, and accurate information as promoted by the applicable registration form. User will be entirely responsible for maintaining the confidentiality of the account, password and payment related information. Furthermore the User will be entirely responsible for any and all activities that occur under the User’s account. User agrees to immediately notify any breach of the security and unauthorised use of the User’s account to the LOVE TO HAVE. User also agrees that the User will be held liable for any loss incurred by the LOVE TO HAVE or any other party due to someone else using the User’s account either with or without the User’s knowledge and undertakes to indemnify LOVE TO HAVE in this regard.
4.2 User shall be responsible for protecting the confidentiality of the User’s account and password and for ensuring that all use of your account complies fully with the provisions of this Agreement.
4.3 User shall be responsible for keeping the account information up to date and accurate at all times including updation of changes from time to time. To sell items on LOVE TO HAVE, User must provide and maintain valid payment information such credit card information or valid PayPal account or bank account details.
4.4 User is not allowed to transfer or sell his/her LOVE TO HAVE account and user ID to any other party. If a User is registering as a business entity, the User must personally guarantee that the User have the authority to bind the entity to this Agreement.
4.5 LOVE TO HAVE services are not available to temporarily or indefinitely suspended LOVE TO HAVE members. LOVE TO HAVE unilaterally reserves its right to cancel unconfirmed or inactive accounts and also reserves the right to refuse services to anyone for any reason, at any time, without showing any reason.
4.6 Non-compliance of the above general terms and conditions of this Agreement may subject the user to civil or criminal liabilities, penalties, non-registration and/or deactivation of the existing User Account with LOVE TO HAVE website without notice or intimation of any kind.
5. FEES AND BILLING
5.1 User is free to sign up for LOVE TO HAVE account. LOVE TO HAVE does not charge fees for creating a shop and listing products for the purpose of sale at this point of time. The same may change in future. LOVE TO HAVE charges a convenience fee as a percentage of the sale price only when the item sells through the LOVE TO HAVE’s payment gateway. When the User lists an item on the LOVE TO HAVE website, the User will have an opportunity to review and accept the fees that will be charged.
5.2 LOVE TO HAVE’s Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for LOVE TO HAVE’s services are effective after LOVE TO HAVE provides impacted User with at least fourteen (14) days’ notice by posting the changes on the Site. However, LOVE TO HAVE may choose to temporarily change the Fee Policy and the fees for LOVE TO HAVE’s services for promotional events (for example, free listings, trial offer, road shows, exhibitions etc.); such changes are effective when LOVE TO HAVE posts the temporary promotional event on the Website. LOVE TO HAVE may also reach out to Users for special promotions or display at the consent of the User at a certain fee from time to time. However, this would imply only for the Users who agree for it. LOVE TO HAVE may, at its sole discretion, change some or all of LOVE TO HAVE’s services at any time. In the event LOVE TO HAVE introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise specifically stated, all fees are quoted in INR (Indian Rupee).
5.3 In certain circumstances, including but not limited to a void or invalid transaction, LOVE TO HAVE may issue a credit for the applicable fees to a Seller’s billing statement.
5.4 All fees/charges shall be quoted in Indian Rupees and shall be payable to Love to Have Info Tech Pvt. Ltd. within such time as specified in the invoice, including applicable taxes as may be levied.
5.5 User is responsible for paying all fees and applicable taxes associated with the usage of facilities of LOVE TO HAVE.
5.6 Fees and Termination: If LOVE TO HAVE terminates a listing or the User’s account, and/or if a User closes his/her account, or if the payment of LOVE TO HAVE fees cannot be completed for any reason, shall be liable to pay LOVE TO HAVE all unpaid fees plus any penalties, wherever applicable. If the Seller’s account is not paid in full and becomes past due, the Seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).
6. LISTING AND SELLING
6.1 Listing Description: By listing an item on the Website the User warrants that all aspects of the item comply with LOVE TO HAVE’s published policies. The User’s 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 with appropriate tags. Each listing must accurately describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. LOVE TO HAVE may decide to display products depending upon the relevance of content, hi-resolution images etc. The product will be listed on the website once LOVE TO HAVE administrator approves the listing of products as per guidelines and policies of the Company.
6.2 The User shall not place any advertisements on the Website in any manner. Further, the User shall not use the Website to promote User’s own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by LOVE TO HAVE in writing.
6.3 Shop Policies: All Users are urged to outline shop policies for their LOVE TO HAVE shop. These policies may include, for example, shipping, returns, payment and selling policies. Users must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with LOVE TO HAVE’s site-wide policies. Users/Sellers are responsible for enforcing their own reasonable shop policies. LOVE TO HAVE reserves the right to request that a Seller modify a shop policy.
All contractual terms including the terms and conditions of delivery, payment, insurance etc. between the Buyer and the Seller shall be independently agreed with the other Users of the Website that you may transact with.
6.4 Binding Sale: All sales are binding. The Seller is obligated to ship the order or otherwise complete the transaction with the Buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the Buyer fails to meet the terms of the Seller’s listing (such as payment method), or (b) the Seller cannot authenticate the Buyer’s identity. The Buyer is obligated to deliver appropriate payment for items purchased.
6.6 Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. The User will not alter the price of an item after a sale for the purpose of avoiding LOVE TO HAVE transaction fees, misrepresent the item’s location, or use another User’s account without permission.
7.1 Payments for the items on the Website, at the option of the relevant Seller, can be made by way of (i) Payment on Billing which will be made through depositing cash, cheque, demand draft in the bank account of LOVE TO HAVE Seller.
7.2 For the purposes of buying and/or selling any item listed on the Website, the User agrees and undertakes not to make payments in any manner other than as provided, without the prior consent of LOVE TO HAVE.
7.3 The User acknowledges and accepts that the User have specifically authorised LOVE TO HAVE to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
7.4 In order to enable Users to carry out transactions on the Website, LOVE TO HAVE will in addition to other methods of payment provide an electronic payment facility by Razorpay Software Private Limited on the Website. This facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorised by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
7.5 LOVE TO HAVE shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company’s control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorised by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the Facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
7.6 Any claim for refund of any payment made to LOVE TO HAVE, for any reason whatsoever, shall be to the account of the Seller, and LOVE TO HAVE shall not be responsible for the same including but not limited to service charges or any other fees/ charges.
7.7 The User agrees and accepts that LOVE TO HAVE is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Facility or any other method of payment to its Users.
7.8 Online Payment: In order to facilitate payments for Product(s) purchased by Seller through LOVE TO HAVE website, at the request of Sellers, offers an online payment gateway facility that will enable the Purchaser to make payment in respect thereof to the Sellers using a credit/debit card account, subject to Purchaser’s complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s. Please refer to Annexure 1 at the bottom of this page for detailed terms related to Online Payment.
7.9 Credit/Debit card details: The Buyer agrees, understands, undertakes and confirm that the credit/debit card details provided by the Buyer for making payments for product/s purchased through the LOVE TO HAVE website, either through on line payment gateway mechanism or through the IVR system will be correct, current, complete and accurate and the Buyer shall not use the credit/debit card or any other bank account which is not lawfully owned by the Seller. The aforesaid information provided by the Buyer will not be shared by LOVE TO HAVE/User with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by the Buyer. LOVE TO HAVE or the Seller will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of the Seller/Buyer’s ID/password/credit/debit card number/account details in any way.
8. PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
8.1 The User is solely responsible for his/her conduct and activities on and regarding to LOVE TO HAVE and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that the User submits, posts, and displays on LOVE TO HAVE website.
8.2 The User agrees and undertakes not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that: (a) belongs to another person and to which the User does not have any right to; (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; (e) violates any law for the time being in force; (f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person or use an anonymous proxy; (h) contains software viruses or any other computer code, 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; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; (j) shall not be false, inaccurate or misleading; (k) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; (l) may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and (m) link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than the Website. You shall not promote any website or webpage or link on the Website.
9.1 License: LOVE TO HAVE does not claim ownership rights in User’s Content. The User grants LOVE TO HAVE a license solely to enable LOVE TO HAVE to use any information or Content User supply to LOVE TO HAVE, so that LOVE TO HAVE is not in violation of any rights the User might have in that Content. The User agrees to allow LOVE TO HAVE to store or re-format User’s Content on LOVE TO HAVE and display the same on LOVE TO HAVE in any way as LOVE TO HAVE chooses. When providing content using the Services (directly or indirectly), you grant LOVE TO HAVE a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against LOVE TO HAVE, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
9.2 The User shall be responsible for keeping backup versions of the information and data provided by the User. The User hereby agrees that he/she will not expect the Website to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
9.3 As part of a transaction, User/Seller may obtain personal information, including email address and shipping information, from another LOVE TO HAVE user in your independent capacity. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for LOVE TO HAVE-related communications. LOVE TO HAVE has not granted the User a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any LOVE TO HAVE User to email or physical mailing list.
9.4 LOVE TO HAVE will promote the product, features and services from time to time to Users. The discretion of communication by LOVE TO HAVE to particular User will be solely on their own discretion.
9.5 Re-Posting Content: By posting Content on LOVE TO HAVE, it is possible for an outside website or a third party to re-post that Content. The User agrees to hold LOVE TO HAVE harmless for any dispute concerning this use. If the User chooses to display his/her own LOVE TO HAVE-hosted image on another website, the image must provide a link back to its listing page on LOVE TO HAVE.
9.6 Idea Submissions: LOVE TO HAVE considers any unsolicited suggestions, ideas, proposals or other material submitted to it by Users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and LOVE TO HAVE shall not be liable for the disclosure or use of such Material. If, at LOVE TO HAVE’s request, any member sends Material to improve the site (for example through the Forums or to customer support), LOVE TO HAVE will also consider that Material to be non-confidential and non-proprietary and LOVE TO HAVE will not be liable for use or disclosure of the Material. Any communication by you to LOVE TO HAVE is subject to this Agreement. You hereby grant and agree to grant LOVE TO HAVE, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
9.7 Other Resources: LOVE TO HAVE neither endorses nor responsible directly or indirectly for the availability of outside websites or resources linked to or referenced on the Site and for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
9.8 The User agrees to defend, indemnify and hold harmless LOVE TO HAVE, its shareholders, affiliates, sellers, partners, and their respective directors, officers, employees and agents from and against all claims, demands, losses, damages, liabilities, expenses, actions, including but not limited to, reasonable attorney fees, made by any third party, arising out of the use of LOVE TO HAVE website by the User or through your User Account or any breach of this Agreement by the User.
10. RESOLUTION OF DISPUTES AND RELEASE
10.1 Any dispute arising from or relating to the subject matter of this Agreement, including any dispute or difference in regard to the interpretation of any provision or term or the meaning or validity thereof, or in regard to any claim of one party against the other or in regard to the rights and obligations of any party or parties hereto under this Agreement, shall be referred to a sole arbitrator, who shall be a neutral third party nominated by the Chief Executive Officer of LOVE TO HAVE. The arbitration shall be governed by the provisions of Indian Arbitration and Conciliation Act, 1996 for the time being in force. The Seat of the arbitration shall be Bangalore in India. The language of the arbitration shall be in English. Each party shall bear the costs of the arbitration equally unless otherwise awarded by the Sole Arbitrator. The Arbitration Award shall be final and binding on all the parties to the Arbitration.
10.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of India.
10.3 If any disputes arise between one or more Users relating to the subject matter of this Agreement or any other claims, LOVE TO HAVE encourages Users report the disputes to the local law enforcement agencies, or approach certified mediation or arbitration entity, as may be applicable.
10.4 The User agrees that the LOVE TO HAVE has no obligation to resolve disputes between Users inter se or with outside parties. However, LOVE TO HAVE may in good faith attempts to resolve a dispute in its own discretion, but will not make any judgments regarding legal issues or claims.
11. INTELLECTUAL PROPERTY RIGHTS:
11.1 All trademarks/service marks appearing on the LOVE TO HAVE website are the property of their respective owners or licensors. Nothing contained on this Website should be construed as granting, by implication or otherwise, any license or right to use any trademark/service mark displayed on this Website, whether of LOVE TO HAVE’s or its licensors or its affiliates or any third party.
(a) The works of authorship contained in this Website including, but not limited to, all design, text including software (like software for the running of this website, and programme codes which may execute on server or which may be embedded or downloadable from individual pages on this website), illustrations, images, pictures, graphics, video, sound and music collectively called “the Materials”, are owned, except where expressly stated otherwise by LOVE TO HAVE or one of its affiliates or partners. Further LOVE TO HAVE owns a copyright in the selection, co-ordination, arrangement and enhancement of the Materials (which shall be included in the “Materials” for the purpose of clauses dealing with IPRs and Disclaimers). This website including all components and Materials are protected by Indian and International Copyright Laws and International Treaties as a collective wok and/or as a compilation and/or as individual works.
(b) The Users shall not copy, reproduce, transmit, display, perform, distribute, rent, sub-lease, alter, store this Website Materials for subsequent use or otherwise use in whole or in part, in any manner, without prior express written permission of LOVE TO HAVE, except to the extent it constitutes ‘fair use’ under the Indian Copyright Act, 1957. The User acknowledges that the User does not acquire any ownership rights by downloading any copyright protected Materials. Any rights not expressly granted in these terms are reserved.
12.1 Either LOVE TO HAVE or the User may terminate this Agreement at any time. Without limiting the foregoing, LOVE TO HAVE shall have the right to immediately terminate, temporarily or indefinitely suspend the User’s account privileges, issue a warning to a User, prohibit access to the Site, and take technical and legal steps to keep a User off the Site and refuse to provide services to a User, if LOVE TO HAVE at its sole discretion, considers that the User has breached this Agreement in letter and spirits and/or LOVE TO HAVE is unable to verify or authenticate any of the personal information or Content provided by the User and/or LOVE TO HAVE believes that a User is acting or engaged in improper or fraudulent activity in connection with LOVE TO HAVE or that such action of the User may cause legal liability or financial loss to LOVE TO HAVE or its other Users.
13. DISCLAIMER, WARRANTIES AND LIABILITIES
13.1 Whilst LOVE TO HAVE will endeavour to ensure that the information on LOVE TO HAVE website is correct, due to the inherent hazards of electronic distribution of Material and other factors, there may be inaccuracies in such Materials in the LOVE TO HAVE website as well. LOVE TO HAVE, Users, Sellers, Service providers or technology partners provide this Website and facilities including “Order Placing Facility “as is” and without any warranty or condition, express or implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement in relation to any product. For the said reason, LOVE TO HAVE does not also guarantee continuous, uninterrupted access to the Site, as the operation of the Site may be interfered by numerous factors outside LOVE TO HAVE’s control.
13.2 LOVE TO HAVE shall have absolutely no liabilities whatsoever nature arising out of or in connection with the usage of Materials and services/facilities on this website by Users or any other person, but not limited to, any liability for any damage or loss to bodily injury, computer hardware, data, information and/or business resulting from the Materials or the lack of Materials available on this Website or from any computer viruses, communication line failure.
13.3 LOVE TO HAVE’s liability to Users or any third parties in any circumstances (if applicable) is limited to the greater of (a) the amount of fees the User pay to LOVE TO HAVE in the 12 months prior to the action giving rise to liability, and/or (b) $100. Wherever the exclusion or limitation of incidental or consequential damages are not allowed, this clause will not be applicable.
13.4 The User agrees to indemnify and hold LOVE TO HAVE and its parents, subsidiaries, affiliates, officers, directors, agents, employees, etc harmless from any claim or demand, including reasonable attorney fees, made by any third party/ies due to or arising out of the breach of this Agreement by you or the documents it incorporates by reference or your violation of any law or the rights of a third party.
14.1 Legal Compliance/Taxes: The User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations as may be applicable regarding the use of the website and any LOVE TO HAVE services with respect to User’s listing, purchase, solicitations of offers to purchase, and sale of items. In addition, the User shall be responsible for payment of taxes applicable from time to time on any purchases/sales made on the website, excluding taxes on LOVE TO HAVE’s net income.
14.2 Entire Agreement: This Agreement together with the various Rules made for the governing of certain services on this Website and annexures/schedules thereto, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement.
14.3 Severability: If any of the provisions of this Agreement or the application thereof to any person or circumstances shall to any extent be invalid or unenforceable under any existing or applicable laws, such provisions would be deemed severed from the rest of this Agreement and the remainder of this Agreement or the application of such terms or provisions to persons or circumstances other than those as to which they are invalid or unenforceable, shall not be affected thereby, and each term and provisions of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
14.4 No Agency: The User and LOVE TO HAVE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14.5 Good Faith: The User shall act in good faith in the performance of User’s obligations under this Agreement.
14.6 Notices: Except as explicitly stated otherwise, any notices shall be given by post to LOVE TO HAVE: Attn: Legal Department Love to Have Info Tech Pvt. Limited in the case of LOVE TO HAVE, or in User’s case to the email address provided by you to LOVE TO HAVE (either during registration process). Notice shall be deemed served 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternately, LOVE TO HAVE may give the User Notice by certified mail, postage prepaid and return receipt requested, to the address provided to LOVE TO HAVE, in such a case notice shall be deemed given 3 days after the date of mailing.
14.7 General: The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment’s, software needed for access to and use of this Website, and all charges relating thereto. When you visit the Website or send emails to LOVE TO HAVE or give LOVE TO HAVE your feedback, the User understands that the User is communicating with LOVE TO HAVE electronically/through electronic records and consent to receive communications from LOVE TO HAVE through the said media. The User agrees that all agreements, notices, disclosures and other communications that the LOVE TO HAVE provides the User electronically satisfy all legal requirements of adequate service of notice/electronic record.
This document is an electronic record in terms of Information and Technology Act, 2000 and Rules framed thereunder as applicable and the amended provisions pertaining to electronic records in various statutes from time to time. This Agreement is generated by a computer system and does not require any physical or digital signatures.
ANNEXURE 1 : ONLINE PAYMENT TERMS AND CONDITIONS
Online Payment system is provided by LOVE TO HAVE on behalf of Users/Sellers. LOVE TO HAVE may update and revise these terms and conditions from time to time and any changes will be effective immediately on being set out here. Please ensure You are aware of the current terms.
The Online Payment are processed through an online payment gateway system provided by Razorpay Software Private Limited, who comply with the Payment Card Industry Data Security Standards (PCI DSS) for Credit Card data security and the payment mechanism shall be subject to the terms and conditions set out by Razor Pay India (http:://www.razorpay.com) Please read these terms carefully before using the online payment facility. Using the online payment facility on this Website indicates that you accept these terms. If you do not accept these terms, do not use this facility.
All payments are subject to the following conditions:
- Your payment instructions will be effected only after proper authentication in accordance with the procedures prescribed by the online payment facility.
2. Your payment will be normally credited to the Seller account to which you are making payment within 45 working days from the date of product delivery.
3. Neither LOVE TO HAVE nor the Seller will accept any liability if payment is refused or declined by the Credit/Debit Card supplier/Service Provider for any reason.
4. If the Card supplier/service provider declines payment for any reason whatsoever, LOVE TO HAVE or the Seller is under no obligation to bring this fact to your attention or deliver the product/s. You should check with your bank/credit/debit card supplier that requisite payment has been deducted from your account for credit to the account of the Seller.
5. LOVE TO HAVE and/or Seller shall not be liable to the User for any injury or damage caused by way of failure of performance, delay in processing or transmission, error, interruption, communication line failure etc. whilst using the on-line payment facility, whether in contract, negligence or under any other legal theory/cause of action whatsoever.
6. In no event will LOVE TO HAVE or Seller be liable for any damage whatsoever arising out of the use, inability to use, or the results of use of this online payment facility, any website linked to this LOVE TO HAVE website for use of the online payment facility, failure of internet facility, server or on account of computer virus or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of any such damages.
7. Refunds, if applicable will only be made on the debit/credit card or bank account used for payment for the original transaction.
8. Your use of this service is at your sole risk, and the online payment facility is entitled, in its sole discretion, to refuse to comply with any of your instructions without assigning any reasons. Further the online payment facility reserves the right to charge and recover certain fees for the use of its services.
9. Although adequate security measures are adopted, LOVE TO HAVE and or Seller shall not be responsible for any unauthorized access to the service or your account.
POLICY FOR SELLERS
1. SELLER REGISTRATION:
A User who wishes to sell items on the LOVE TO HAVE Website shall register by providing the requisite information/ data on the LOVE TO HAVE Seller Registration page including details of the seller’s Valid Bank Account (LOVE TO HAVE Seller Registration). The sellers shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. LOVE TO HAVE (“the Company”) has the right to suspend/ terminate the LOVE TO HAVE Seller Registration and the use of the Website by the seller if the Company discovers or it is brought to the Company’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.
2. INVOICING, SHIPPING & PRODUCT LIABILITIES:
Please note that we are a marketplace platform. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging fees towards hosting your shop and listing your products. Therefore invoicing and shipping to customer is your responsibility. Also any taxation related to sale of your products like VAT, GST etc is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products is solely yours and lovetohave.it / lovetohave.in will not be responsible for any loss or damage due to your products.
3. HOLD, SUSPENSION AND TERMINATION OF LOVE TO HAVE SELLER REGISTRATION:
In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the Company may suspend and/or terminate the LOVE TO HAVE Seller Registration or may put the remittances on hold with respect to such Seller. The Company may reinstate or activate seller’s LOVE TO HAVE Seller Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and polices made thereunder. LOVE TO HAVE Seller Registration is subject to the seller remaining an active User of the Website.
Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend seller’s LOVE TO HAVE Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
4. KNOW YOUR CUSTOMER (KYC) DOCUMENTATION:
At the time of LOVE TO HAVE Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. ‘KYC Documents’ shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with LOVE TO HAVE Facility or at any subsequent date.
The Company may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.
5. CHARGES APPLICABLE TO SELLERS:
The Company shall levy charges/ fees from time to time (for providing facilities to sell on the Website) to the Sellers in accordance with the Facility Charges Policy incorporated herein by reference. The Company will provide the Seller with an e-invoice reflecting the facility charges.. If the seller avails of any of the services provided under LOVE TO HAVE Logistics by the Company, the seller will be liable to pay additional fees, charges in respect of the services availed as set out in the Facility Charges Policy.
The Company reserves the right to change the Facility Charge Policy and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website and/or under LOVE TO HAVE Logistics. Any such changes shall be effective from the time that the Company posts the same on the Website.
The Seller will be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The seller shall pay the remit the appropriate charges to the Company or the Company will deduct such charges from the Transaction Price to be remitted to the seller. The Company shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Seller irrespective of any charge back, refund or non-fulfilment of the Transaction.
The Company reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.
6. SINGLE LISTING:
You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one “identical” item you may include in the same listing for each of them and if listings result in successful sale of multiple items you must be in a position to fulfil all such orders. All listed items must be listed in an appropriate category on the Website.
You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Annex 1 hereto.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing in the nature of ‘wanted advertisements’ that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.
7. NO INFRINGEMENT OF INTELLECTUAL PROPERTY OF COMPANY AND THIRD PARTIES:
You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.
8. APPROPRIATE DESCRIPTION IN LISTING:
You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.
You shall not provide any information such as a catalogue of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.
Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.
You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.
Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made there under that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.
If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.
10. CLEAN SALE:
You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Website.
If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or the User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.
11. UNFAIR CONSUMER PRACTICE:
You will not engage in any unfair trade/consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have, to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.
13. NON PAYMENT:
The Company reserves the right to issue a warning, temporarily or indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Facility Charges or any other fees payable by you to the Company whether for LOVE TO HAVE Logistics services or otherwise. The Company also reserves the right to take legal action in case of such non-payment.
14. REFUSAL TO SELL:
Once any User confirms a purchase in response to a listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed.
The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which may be charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.
16. BUYER SATISFACTION:
You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.
17. ENDING OF LISTING:
You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.
18. PAYMENT CONFIRMATION:
in case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within  days of booking the Transaction and completion of verification of payment, the Company shall notify the buyer and the seller that the Transaction Price has been received
19. RULES FOR DISPATCH:
The seller is required to Dispatch the items for every Transaction to the Buyer within  days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller through the Website to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Payment Confirmation from the Company.
You must use reputed postal/ courier service provider with good track record which provide tracking facility for shipped items.
You shall Dispatch the items using only a delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ documentation. Such proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by you for period of  months from the date of the Dispatch. The PODs should be furnished to the Company on demand within the timeframe as notified from time to time.
You agree that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.
You shall send an invoice addressed to the Buyer for the Transaction Price together with the item at the time of Dispatch.
If the Seller fails to provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to suspension and/or termination of Seller’s LOVE TO HAVE payment Registration and/or any consequent actions as specified in the User Agreement.
20. DISPATCH DETAILS:
The Seller shall provide the Dispatch Details on the Website within  days from the Payment confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details in the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered in the LOVE TO HAVE payment facility within 50 days of Payment Confirmation.
The time within which the seller is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Seller enters the Dispatch Details on the Website i.e. within 20 days from entering the Dispatch Details for delivery within India or such other timeline as may have been agreed upon between the Buyer and Seller on the Website.
In case of Payment on Delivery Transactions, It is the sole responsibility of the seller to ensure that the goods shipped are received by the buyer are in good condition and not damaged for any reason whatsoever, irrespective of whether the delivery is made by the Logistics Partner or seller has availed the services of LOVE TO HAVE Logistics. For all fragile goods shipped, seller is responsible for any damage during the product transit. Seller is further required to package the product properly and should test the packaging before final dispatch.
22. REMITTANCE TO SELLERS:
Seller agrees that the Transaction Price paid by a Buyer (less of LOVE TO HAVE fees) will be remitted to Seller’s Bank Account contingent upon the following events:
– Buyer confirming the Delivery of items in the Transaction, or
– Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within  days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Seller to the Buyer, or
– Buyer does not raise a refund claim within  days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law, or
All remittances to Sellers in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Seller’s Bank Account.
The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of the LOVE TO HAVE payment facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.
Remittances to the Seller for their successful Transactions under the LOVE TO HAVE payment Facility would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.
23. WARRANTIES AND UNDERTAKINGS:
Seller warrants and undertakes that:
All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website and/or LOVE TO HAVE Logistics services does not in any way becomes a party to the contract for the sale of the item.
Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.
In the event that:
– the Seller fails to Deliver within the time prescribed; or
– the Seller sells or Delivers any illegal, prohibited or counterfeit items; or
– the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
– there is any dispute between Seller and the Buyer relating to the Transaction, or
– the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
– the Buyer claims a refund of or charges back the Transaction Price,
The Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the LOVE TO HAVE payment Facility.
In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.
Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.
24. SELLER VERIFICATION AND REFUND TO BUYERS:
The Seller authorises the Company to perform certain checks before remitting the Transaction Price to Seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:
– If the Seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
– If the verification documents submitted are invalid, tampered or forged; or
– If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or
– If the Seller has not Dispatched the items using a recognized dispatch channel but used any other means; or
– If Seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or
– If the Seller has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
– If the Seller has Dispatched an item different from the description mentioned on the Transaction, or
The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
In all the above cases the Company will not be held liable for any loss incurred by the Seller arising out of such refund and the Seller will indemnify the Company against any loss/damage and/or any action by a third party action.
A chargeback occurs when the card-holder disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the Seller by the Company. If no such amount is payable the Company may demand such amount to be paid forthwith by the Seller. The Seller will notify of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such chargeback in respect of the Transaction which the Company is required to pay, the Seller will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.
26. DATA RETENTION:
The Company will retain personal information in accordance with the privacy polices posted on the Website and applicable laws.
ANNEX 1:LIST OF RESTRICTED ITEMS
Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne
Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
Body parts which includes organs or other body parts
Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
Child pornography which includes pornographic materials involving minors
Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
Gaming/Gambling which includes lottery tickets sports bets, memberships/enrolment/ online gambling sites, and related content
Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software’s, servers websites, or other protected property
Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
Offensive goods which includes literature, products or other material that:
Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
Encourage or incite violent acts
Promote intolerance or hatred
Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.
Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications
Securities which includes stocks, bonds, or related financial products
Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
Wholesale currency which includes discounted currencies or currency exchanges
Live animals or hides/skin/teeth, nails and other parts etc. of animals
Multi level marketing collection fees
Matrix sites or sites using a matrix scheme approach
Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
Business or websites that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc)
Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/ sweepstakes& games of chance)
The merchant who deal in intangible goods/services (e.g. software download/health/beauty products), and business involving pyramid marketing schemes or get-rich-quick schemes. Any other product or service which in the sole opinion of the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam)
Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services
ANNEX 2: FEE STRUCTURE
Opening a shop at LOVE TO HAVE is free. We have a standard commission structure for all the product categories as 12% and transaction fee on the total Transaction Price in case the sale happens through LOVE TO HAVE.
Transaction fee (effective April 2019): 3.5% of the total Transaction Price or Rs. 20 per transaction, whichever is higher.
Order cancellation (effective April 2019): On all cases wherein an order is received, but the seller is unable to fulfil the order due to a stockout or incorrect product sent, the transaction fee and a token commission of 5% would be charged.
POLICY FOR BUYERS
(TO BE READ AS PART AND PARCEL OF THE USER AGREEMENT)
1. As a buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the seller to purchase the items from the seller using either Payment on Billing as the method of payment to pay the Transaction Price which shall be paid to the seller through your Issuing Bank (except in case of cash payments). You agree and acknowledge that LOVE TO HAVE (”the Company”) is only a facilitator for collection and remittance of Transaction Price. No interest or any benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by the Company through and of the prescribed payment methods.
2. You may agree with the seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of the User Agreement and the rules and policies made there under.
As a marketplace venue, LOVE TO HAVE’s role is to connect shoppers (buyers) with independent shops (sellers). As a shopper, when you place an order through LOVE TO HAVE you enter into a transaction with an independent shop, facilitated by LOVE TO HAVE.
A transaction is created when a buyer has completed the Checkout process on LOVE TO HAVE. Both the buyer and the seller are sent an email from LOVE TO HAVE about the order and a receipt record in their LOVE TO HAVE account. A transaction is considered complete after the buyer has submitted payment and the seller has shipped the item to the buyer.
LOVE TO HAVE aims to keep the shopping experience consistent across the marketplace; however, since each shop is an independent business, there may be some differences between shops. Each shop may have their own specific policies for things like shipping time, Shipping policy, returns, exchanges and custom orders; these shop policies may not conflict with LOVE TO HAVE’s site-wide policies. Additionally, please take note that third-party services may be involved in a transaction (for example: payment gateway, shipping services), and these other services may have different policies regarding transactions or use of their services. Buyer is required to read all the terms and conditions of the website user agreement and the respective shop policies defined by the seller before the purchase of the product.
BUYER BEST PRACTICES
As a shopper on LOVE TO HAVE, you can take the following steps to help create a smooth transaction:
– Use LOVE TO HAVE to communicate with the seller about any questions, special details or problems.
– Read the listing details and the shop’s policies page before purchasing.
– Provide an accurate shipping address during Checkout.
– Before returning an item, check the shop’s policies and contact the seller. (Not all shops accept returns.)
– In the event of a return, retain proof of shipping and/or delivery confirmation that includes the date and recipient’s address.
You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing for the Transactions conducted on the Website or reaching out to the seller directly and having a mutually agreed payment mechanism. You will be intimated when the Transaction Price is credited to the account of the Company (in case of Payment on Billing) which will be confirmed by the Website
Buyers are not permitted to buy any product without making a payment of the Transaction Price by Payment on Billing method or such other payment method provided by the Company on the Website, in respect of the product as described in the listing.
Users shall not communicate with other Users outside the Website to warn them about a seller, products or listing. However, you are entitled to provide feedback and/or reviews/ ratings for sellers as per the feedback facilities provided on the Website.
The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately. The Company takes no responsibility for any delay/ non delivery of the goods on account of failure of the User to update the contact information provided on the Website and any consequent negative feedback by the buyer will be deleted or modified.
You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any User or the Website or your experience whilst using the Website, known to you from first-hand experience only. You shall not include any hearsay information, or information that results in maligning any User, brand or product in your feedback. You must inform the Company immediately on becoming aware of violation of any applicable laws or violation of the provisions of this User Agreement and the rules and policies made thereunder at email@example.com
LIMIT ON VOLUME OF TRANSACTIONS
The Company reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
VERIFICATION OF PAYMENT
To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Company may contact the buyer for verification of or additional information, details, data and documents. The Company may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the buyer and seller.
The Company reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
In case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within  days of booking the Transaction and completion of verification of payment in accordance with the clause above, the Company shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the Company shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.
The seller (if the billing and payment happens on the marketplace) shall provide the Dispatch Details on the Website within  days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details on the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer.
The time within which the seller is required to ensure Delivery of the items to the buyer shall be calculated from the time the seller/Company enters the Dispatch Details on the Website i.e. within 20 days from entering the Dispatch Details for delivery within India or such other timeline as may have been agreed upon between the buyer and seller and intimated on the Website
You shall immediately notify the Website upon Delivery or non Delivery within the prescribed time period. If you fail to provide such notification/ confirmation of receipt or non-receipt of an item within  days of expiry of the Delivery time prescribed in the above clause, it shall be construed as a deemed Delivery in respect of that Transaction and the Transaction Price shall not be refunded.
OCTROI AND OTHER LOCAL LEVIES
Delivery of items to buyers located in places where octroi or other local taxes and levies are charged will be liable to pay the same to the courier company even though the listing mentioned no such octroi, taxes or levy.
At lovetohave.it / lovetohave.in the respect and the protection of your privacy and the security of your personal information is a priority. This privacy statement explains how we collect and use the information on the website http://www.lovetohaveit / www.lovetohave.in and all its extensions (collectively the “Site”).
COLLECTION OF INFORMATION
You can visit our site without unveiling your identity or personal information about you. The “Site” collects your internet protocol address (IP address), we may use analytics software and cookies to make your experience as easy as possible, and improve our services.
– information (such as your name, email, postal address, gender and country of residence) that you provide by completing forms on the Site, including if you register as a user of the Service, subscribe to our newsletter, upload or submit any material through the Site, or request any information;
– your log-in and password details in connection with the account sign-in process;
– details of any requests or transactions made by you through the Site;
– communications you send to us, for example to report a problem or to submit queries, concerns, or comments regarding the Site or its content;
– information that you post to the Site in the form of comments or contributions to discussions; and IP addresses.
A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.
You may delete or decline cookies by changing your browser settings. (Click “Help” in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our website may not function properly.
Cookies are used to:
-To Analyze visit behavior
-Enhance your user experience on the “Site”
-To recognize you when you are using the “Site”
USE OF INFORMATION
We will use the personal information you provide to:
-To provide products and services
-To deliver products and services
-To personalize and customize content
-To send you emails and newsletters about our products and services
lovetohave.it / lovetohave.in does not share, sell or rent your information. We use your information responsibly. Any information that is provided to a third-party vendor is to be used only for the purpose of performing the analytics and compiling reports of the information. The third-party is restricted from using this information in any other way other than to provide these services to lovetohave.it / lovetohave.in and they may not share or resell this information.
By using the Service, you consent to the collection and use of information in accordance with this Policy.
lovetohave.it / lovetohave.in reserves the right, at its sole discretion, to modify or replace this Policy by posting the updated version on the Site. It is your responsibility to check this Policy periodically for changes. Your continued use of the Service following the posting of any changes to this Policy constitutes your acceptance of those changes.