Terms and Conditions

Introduction

SHWH - Some Hands With Hearts is an initiative to popularise the people who make handcrafted products in their almighty glory. Since decades, India has been known to the world for its intricacy, detail and patience that are required to create a handmade product. The entire process in itself is very immersive, time-taking and extremely elaborate. Thus, which results in a product born out of the labour of love.

SHWH brings those creators to you all. We are the bridge, where the creator finds you on the other side of it. We strongly believe in uplifting and popularising all these creators. We would love for you to come and join us on our journey. Journey to handmade is a journey to self-attainment because anything hands-made is like a prayer.

‘A prayer said with utmost purity and utmost belief, a prayer which brings you peace and strength and that is handmade.’

Join us and support ‘HandMade in India!’

We suggest you please have a closer look and contact us if you have any queries.

SHWH - Some Hands with Hearts

At SHWH, we started with an aim of connecting Indian craftsmen with the people across the globe and create a worthwhile dialogue between them. We ensure that any person visiting our website and availing our services should have a joyous experience. By abiding to the terms and conditions mentioned in this page, you will help us in continuing towards our aim. 

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

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2018 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.shwh.in website.

User Agreement

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ‘SHWH.  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT http://www.shwh.in (THE "SITE") AND ALL SERVICES PROVIDED BY SHWH ON THE SITE.

1. By using the site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

2. Amendments in the terms of use

The Website reserves the right to change the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the website believes have violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time it is posted on the Website. [In the event, that the User Agreement includes a substantial change, the Website will provide 30 days' prior notice of such substantial change by posting the same on the Website. For the purposes of this User Agreement, 'substantial change' means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]

By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by SHWH Rules and Policies listed here-under:

SHWH Buyer Policy

SHWH Privacy Policy

If you have any queries regarding our terms please feel free to contact us.


3. What terms need to be explained here?

3.1 Qualifying Payment - is made when the buyer, via a gateway of SHWH’s choice under the implicit consent of the seller makes a payment of the fair amount for goods as specified by the seller, and only when such a payment is credited within [2] days to the seller’s bank account.

3.2 Delivery/Delivered- means physical delivery of the items to the buyer (for which a Qualifying Payment has been paid by the buyer) by the seller through a reputed courier service or by the SHWH Logistic Partner at the address communicated by the buyer on the Website during initiating the transaction.

3.3 Dispatch/Dispatched - shall mean that the items (for which a Qualifying Payment has been paid by the buyer) have been dispatched by the seller through a reputed courier service or by the SHWH Logistic Partner, and are en route to the address communicated by the buyer on the Website. Dispatch shall at the most take 7/21 days for national or international courier. 

3.4 Dispatch Details - would entail all necessary information related to the dispatch of the purchased product that SHWH is obligated to provide to the user on its site until delivery is achieved. (This is based on the data provided by the logistics partners).

3.5 User Information - means and shall include any confidential and/or personally identifiable information or other information provided to the website or other Users of the Website at the time of registration with the Website, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and partial banking / financial information (SHWH shall under no circumstance unless needed for compliance purposes choose to store your end-to-end banking/financial information, especially passwords; any such information may only be collected and shared ‘with and on’ the direction of our partnering payment Gateway ).

3.6 Valid Card - means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.

3.7 Issuing Bank - in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a Valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [SHWH may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same time as being posted on the Website.]

3.8 Logistics Partner - shall mean reputable logistics and courier company(s) appointed by the SHWH that will provide various services of collection and delivery of items, between the seller and the buyer.

3.9 Transaction - means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on the Website.

3.10 Transaction Price - means the price to be paid for the items to be purchased by the buyer for every Transaction and this price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller and/or SHWH

3.11 Valid Bank Account - shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].

4. Eligibility - This Website may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, persons of unsound mind, and un-discharged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.

If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

5. Registration – Buyer Registration

5.1 You are solely responsible for maintaining secrecy and confidentiality of your username and password. You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password. The Website, its employees or associates will not be responsible in any manner for losses occurring from such breach of secrecy of your username and password on your side.

5.2 You agree that your sole purpose of registering or using the Website is to buy the products listed on the website and you shall not use this Website for any other purpose. 

You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on the Website. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on the Website to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Website has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Website reserves the right to indefinitely suspend or terminate or block your use or access to the Website in any manner whatsoever.


6. Limited liability of the Website

In no event shall the Website or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, services provided by the Logistics Partner or any other services or this User Agreement.

The website liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Website. The website, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or the Logistics Partner will be error free and/or uninterrupted. The Website provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Website assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website. Any delay, failure, interruption or errors in the operation of the Website or the Logistics Partner.

7. Indemnity

You shall indemnify and hold harmless the Website and the Website's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.

8. Payment

8.1 Payments for the items on the Website can be made through the payment gateway partnered with by the website, or such other method of payment as may be permitted on the Website in its sole discretion.

8.2 For the purposes of buying and/or selling any item listed on the Website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Website.

8.3 You acknowledge and accept that you have specifically authorized the Website to collect, process, facilitate and remit payments and/or the Transaction Price to and from other Users in respect of Transactions.

8.4 The Website 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 website'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 authorized 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 Website. The Website 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 Website be liable for any actual or consequential damages arising from any claim of delay.

8.5 The Website has appointed Citibank Ltd., a banking company incorporated under the laws of United States of America and having its Head Office at New York and operating in India and having an office inter alia at Citibank NA, Citibank Card Centre, Citi Tower, 61 Dr. S S Rao Road, Parel, Mumbai 400012 as the nodal bank. The Website reserves the right to, at its sole discretion, replace or remove any nodal bank (Nodal Bank) without providing any intimation.

You agree and accept that the website is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, while providing any method of payment to its Users.

9. Consent and Privacy Policy

9.1 By using the Website and/or by providing your information, you consent to the collection and use of such information disclosed by you on the Website. The personal information / data including but not limited to the Information provided by You to the Website during the course of a Transaction shall be treated as strictly confidential and retained in accordance with the Privacy Policy which is incorporated herein by reference and applicable laws and regulations including but not limited to Information Technology Act, 2000 and rules there under. The website does not sell or rent or otherwise disclose your personal information to third parties for their marketing purposes without your explicit consent and the website only uses your information in the manner described in the Privacy Policy. If you do not agree to your Information being transferred or used in this way please do not use the Website.

9.2 The Website views the protection of user’s privacy as a very important community principle. The Website clearly understands that you and the personal information provided by you is one of the most important assets to the Website. The Website stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures.

10. Breach

10.1 Without limiting other remedies that the Website may pursue, the Website may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website or initiate any legal action it may deem fit, particularly in the event:

-You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;

-The website is unable to verify or authenticate any information provided by you;

-The website believes that your actions may cause legal liability to the Website, other Users or yourself.

10.2 No actions, omissions or decisions taken by the Website shall waive any rights or claims that the Website may have against the User.

10.3 Any User that may have been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Website. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the website reserves the right to recover any amounts due and owed by you to the Website and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings.

11. Grievance Redressal Mechanism

In case of any grievance, objection or complaint on your part with respect to the Website, other Users or the website, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use the Website, you should promptly raise such grievance or complaint with the designated Grievance Officer and provide him / her with all necessary information and/or documents to enable the Website/ Grievance Officer to resolve the issue.

The name and contact details of the Grievance Officer is published on the Website as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.




12. General

12.1 None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Website and you shall have no authority to bind the Website in any manner whatsoever.

12.2 Except as explicitly stated otherwise, any notices directed to the Website shall be given by email to cc@SHWH.in and any notices to you by the Website shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

12.3 If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.

12.4 This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Website with respect to the subject matter herein.

12.5 The Website at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Website assigns this User Agreement on the same terms or such terms that are no less favorable to you.

12.6 All remedies of the Website under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.

13. Arbitration

13.1 If any dispute arises between you and the Website during your use of the Website or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Website whose decision shall be final. The place of arbitration shall be Ahmedabad. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

14. Governing law

14.1 This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Ahmedabad shall have exclusive jurisdiction.

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

15. Privacy Policy

We promise unreservedly never to share your account information with anyone without your explicit permission.

Protecting your privacy is important to SHWH. Please take a moment to learn how we handle your personal information:

15.1 Why we collect personal information

SHWH collects personal information for the sole purpose of simplifying the checkout process.

15 2. How we collect personal information

We ask for some basic contact information when you register on our website. In addition, we may ask for your contact information when you correspond with us or call us to make a purchase. We will never collect any information without your explicit permission.

15.3 When we disclose personal information 

We will never disclose your personal information without your explicit permission. We give our courier company your delivery information, which is used for shipping and delivery purposes only.

15.4. How we protect your personal information

SHWH offers the same degree of security as that offered by major online retailers (e.g. Amazon.com). We do not store or ever have access to your credit card number. 

15.5 Access to your personal information

You always have access to the information we have about you. To review and update your personal contact information, simply view your account profile.

15.6 Collecting other personal information

When you browse SHWH’s website, you are able to do so anonymously. We do not collect personal information when you browse. Your browser, however, does automatically tell us the type of computer and operating system you are using. Like almost all other websites, we use cookie technology. When you first connect to our site, the cookie identifies your browser with a unique, random number. The cookies we use do not reveal any personal information about you. We use cookies to study traffic patterns on our site so we can make the site even more efficient.

15.7 Our commitment to privacy

SHWH may contain links to other sites. SHWH does not share your personal information with those websites and is not responsible for their privacy practices. The SHWH Customer Privacy Policy is subject to change. We request you to review the privacy policy regularly for any changes.


16. Payment Processing

SHWH is a secure site and provides the same level of security as offered by larger internet retailers. Point the mouse over the seal or click on it to view more details. These seals are a way for our customers to know that SHWH has the stamp of approval from leading authorities for secure e-business transactions and meant to serve as proof that our site can be trusted.

 

©2020 by SHWH  | Terms and Conditions