Terms & Conditions
Activation of the Member’s account or use of services provided by “ShopCartIndia.com” (hereinafter the “Website”) will represent the Member’s acceptance of this agreement (hereinafter “Agreement”), as set forth in the following Terms and Conditions, and the Member’s authorization for ShopCartIndia.com to charge the Member’s payment method for all future charges.
- ShopCartIndia.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions.
- It is the Member’s responsibility to review the ShopCartIndia.com Terms and Conditions periodically as continued use of ShopCartIndia.com’s services will constitute the Member’s acceptance of any revised terms and conditions.
- ShopCartIndia.com prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by ShopCartIndia.com in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
- Membership starts the day the Member’s application is received by ShopCartIndia.com. ShopCartIndia.com cannot arrange for any shipments until all required documentation is received, including product payment invoice copy and product payment confirmation details(Applicable for Shop with us, Ship with Us and Shop for me services).
I. Privacy Notice
Personal information, such as your name, address, email address, telephone numbers, account, credit and other financial information that is not otherwise publicly available, that you upload, submit, or provide ShopCartIndia.com will be held, processed, transferred, retained and disclosed by ShopCartIndia.com to third parties in accordance with these Terms and Conditions and ShopCartIndia.com’s Privacy Policy.
-In particular, ShopCartIndia.com will hold, process, retain and transfer to India (where data protection laws may not be considered adequate compared to data protection laws applicable in your home country) to process your transaction, otherwise in accordance with ShopCartIndia.com’s legal and contractual obligations and may also be disclosed to governmental and regulatory bodies or the judiciary, including in response to subpoenas, law enforcement requests, court orders or legal process or to establish, exercise our legal rights or defend against legal claims or enquiries or investigations. At its discretion, ShopCartIndia.com may share information with law enforcement or government officials for any reason. For more information about ShopCartIndia.com’s use and protection of your personal information, please review ShopCartIndia.com’s Privacy Policy.
II. User Guidelines
You agree to adhere to the following guidelines when using this Website:
• You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
• You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
• You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another's computer.
• You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
• You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
• You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
• You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not provide personal information of others without their permission.
• You may not provide personal information of individuals under the age of 13.
• You may not access or attempt to access ShopCartIndia.com’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
• You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Website.
Please do not post any personally identifiable information on publicly accessible areas of the Website. With respect to all information you elect to post to publicly accessible areas of the Website, you agree that ShopCartIndia.com has the right to use, reproduce, copy, modify, publish, distribute, perform and display such information (in whole or part) on a public basis; provided that such use is in accordance with the terms of ShopCartIndia.com’s Privacy Policy.
III. TERMS OF SERVICE
· ShopCartIndia.com will provide the Member with an address in India to which the Member can have mail and/or merchandise delivered.
· ShopCartIndia.com's services consist of receiving the Member's merchandise, which will be sorted, packed, and consolidated.
- At the Member’s direction, ShopCartIndia.com arranges for shipment to the Member’s specified local address by another unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment.
- All packages received by ShopCartIndia.com will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail and packages will be sent.
· Member’s of ShopCartIndia.com also will receive the Member’s mail (i.e., letters, catalogs, magazines, and newspapers),
- ShopCartIndia.com cannot hold or store mail that will not fit into a 4 inch-tall mailbox.
- ShopCartIndia.com will notify the Member via e-mail once his/her mailbox is full, and the Member will have 5 days to either (a) request shipment of the mail or (b) request that ShopCartIndia.com discard the mail.
- If no reply is received from the Member within 5 working days, ShopCartIndia.com, in accordance with these terms, understands that the Member is directing ShopCartIndia.com to send the mail to the Member’s address on record through an unaffiliated freight forwarder or carrier.
- Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the responsibility of the Member.
· The Member authorizes ShopCartIndia.com to charge his/her payment method for all services and/or account activity with ShopCartIndia.com. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services.
- Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
· Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.
· ShopCartIndia.com will allow active Members to store their merchandise for up to 30 days at no charge. After 30 days,the Member agrees to pay storage charges of USD $1 per box per day.
· Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials.
· Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier.
- Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by ShopCartIndia.com.
- Claims are reviewed individually and the review process will take a minimum of eight (8) weeks.
- Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid.
- Any liability for damage or loss caused after delivery to ShopCartIndia.com is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit.
- No liability will be assumed by ShopCartIndia.com for damage or loss caused to any items before delivery to ShopCartIndia.com or caused to merchandise prepackaged by manufacturer.
- Failure to file a completed claim within the carrier time limit will invalidate the claim.
- Either party may cancel the Membership Agreement with written notice (via email or letter).
- Title to any items that cannot be exported, for any reasons, after arrival at the ShopCartIndia.com facility will be forfeited by the Member.
- ShopCartIndia.com will have the option of returning all packages/mail to the sender(s) and/or of discarding the items, for any reason, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
· If a Member’s account charges become delinquent for more than 30 days, ShopCartIndia.com may, at its sole discretion, cancel the Member’s membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
· There is no membership fee for registering with ShopCartIndia.com. Charges are only incurred for processing, shipping, and other shipping-related services.
- Each package received by ShopCartIndia.com with an incomplete, incorrect, or old address that can be associated with a Member will be assessed at a charge of USD $5.
- Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member’s unique account number that has been assigned for consolidation purposes.
- All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
- All invoices past due for more than thirty (30) days will be assessed USD $10 plus a 5% per month late charge.
Orders for Personalized shopping through “Shop for Me” service which have past due for more than fifteen (15) days will be assessed USD $10 plus a 5% late charge for each 15 day period that an order remains past due.
· The Member’s ShopCartIndia.com address is to be used only for package consolidation purposes.
- The Member will not represent that its ShopCartIndia.com address is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its ShopCartIndia.com address is the address of the Member’s place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member’s ShopCartIndia.com account.
· The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that ShopCartIndia.com is not responsible for any action taken by the seller with respect to the Member’s order as a result of the seller’s terms and conditions of sale.
· The Member also is responsible for informing the seller that any merchandise purchased and sent to ShopCartIndia.com’s facility ultimately will be exported out of India.
IV. COMPLIANCE WITH LAWS
· The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Member’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the Indian Department of Commerce, and any and all import obligations or license requirements of the destination country. The Member agrees and acknowledges that he/she shall purchase any and all merchandise from Indian sellers under an ex-works agreement.
· The Member acknowledges that ShopCartIndia.com will not directly or indirectly, participate in any way in any transaction involving any arms and ammunitions, commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from India that is subject to the Indian Arms Act, 1959.
- The Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations defined by Indian Foreign Trade Regulations Act , about the nature of the export in every transaction generated by the Member.
- If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Member is responsible for providing ShopCartIndia.com with the true and accurate price that the Member paid for the merchandise, if the Member purchased it.
- In all circumstances, the Member represents and certifies that any value provided to ShopCartIndia.com is true and accurate. The ShopCartIndia.com Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by the Member.
- The Member is subject to civil and criminal penalties for making false or fraudulent statements to Indian government or for the violation of any Indian laws or regulations on exportation.
-The Member represents and warrants that (a) the recipient of any items consolidated by ShopCartIndia.com is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient’s address, (b) any and all merchandise and mail that the Member requests be consolidated by ShopCartIndia.com will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination.
- ShopCartIndia.com reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by ShopCartIndia.com.
· The Member is responsible for confirming that prohibited items listed in the ShopCartIndia.com Compliance Policy are not sent to ShopCartIndia.com. See http://www.shopcartindia.com/prohibited items for more information.
- ShopCartIndia.com reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).
· The Member represents and warrants that he/she will comply with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
· The Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in India and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of Indian governing embargoes, sanctions, and boycotts
V. APPOINTMENT OF SHOPCARTINDIA.COM AS MEMBER'S AGENT
· As a Member, you grant ShopCartIndia.com a “Limited” Power of Attorney to act as your agent for the following specific purposes:
· Preparation of shipping documents;
· Preparation of any Certificates of Origin;
· Preparation of an EEI
· Preparation of an airway bill or any other document required to export merchandise to Member.
· If an EEI (for which a $35 preparation charge will apply) is required for goods manufactured and originating within India, ShopCartIndia.com will file the required export information on behalf of the Member as its agent pursuant to this section.
- If the Member fails to provide all of the information needed to accurately file an EEI, ShopCartIndia.com will decline to process the merchandise for export. Under such circumstances, the Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Member also acknowledges that under such circumstances, ShopCartIndia.com will not reimburse the Member for the value of the merchandise.
· The Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by Indian laws and regulations and maintaining all records as required under law. Civil or criminal penalties may be imposed against the Member by the Indian government for making false or fraudulent statements with respect to this information.
· ShopCartIndia.com assumes no responsibility to act as a record-keeper or record-keeping agent for the Member.
VI. INDEMNIFICATION
· The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless ShopCartIndia.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof , from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
· any negligent action or omission of Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
· any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement;
· Any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Member in connection with this Agreement;
· ShopCartIndia.com's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of ShopCartIndia.com;
· The Member providing to ShopCartIndia.com any incomplete or false information; and The Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
- ShopCartIndia.com shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure. "Force Majeure" as used herein means acts of God, fire, flood or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions or restrictions of an governmental authority, or causes not within the reasonable control of ShopCartIndia.com.
· The Member acknowledges that the foregoing provisions are a material inducement for ShopCartIndia.com to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
VII. Severability
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
VIII. No Legal Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ShopCartIndia.com as a result of this Agreement or your use of this Website.
IX. Entire Agreement
This Agreement constitutes the entire agreement between you and ShopCartIndia.com with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ShopCartIndia.com with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. All disputes are subject to Mumbai Jurisdiction in India.
X. Further Information
For further information or to contact us with questions, concerns, or comments, you may contact us as follows: http://www.ShopCartIndia.com/ContactUs/.