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Terms & Conditions

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Terms & Conditions

The domain name, “Zaarii.com” (“Site”) owned and operated by Ladybugs Tales e-Commerce Private Limited, a Company registered under the Companies Act, 2013, having its registered office at 16, Lake Temple Road, Sarat Bose Road, Sarat Bose Road S.O, Kolkata, West Bengal – 700029 (hereinafter referred to as “the Company”, “us”, “we” or “our”, which expression shall, unless repugnant to the context, shall be deemed to mean and include its legal representatives, successors and assigns), is a multi-Vendor online marketplace for enabling the buying and selling of all products related to fashion and lifestyle which includes fashionwear, accessories, footwear, home décor, furniture, and any other such products.

This User Agreement is a legal binding agreement between the Company, the users who are vendors on the Site (“Vendors”) and the users who are buyers on the Site (“Buyers”). The expression “Buyers” includes, depending on the context in which it is used, anyone accessing and/or browsing the Site, whether having created a Shopping Account (as defined in Term 2.1 hereunder) on the Site or otherwise.

The Site introduces the buyers to a large array of products of the Vendors listed on the Site. The ensuing business activities shall be undertaken by the Company solely as a facilitator.

By registering, accessing, buying, browsing, downloading from, uploading to or otherwise using the Site, the Users acknowledge to have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the “Terms” or “User Agreement”).

If at any time you do not agree to these Terms, please immediately terminate your use of the Site.

The following Terms are applicable to all the users of the Site including the Vendors and the Buyers. These Terms constitute an electronic record within the meaning of applicable law, generated by a computer system not requiring any physical or digital signatures.

1. OVERVIEW OF SERVICES OFFERED:
  1. Subject to the compliance with the Terms herein, by the users who are Vendors, the Company allows the Vendors registered on the Site to list, as detailed in Clause 3 below, their products like handloom and textiles, exquisite tribal and beaded jewellery, metal, lacquer and silver jewellery, apparels and accessories with a distinctive traditional flavor, Indian garments with its beautiful design and embroideries, etc., for sale through the Site, subject to approval by the Company.
  2. The Site as an intermediary/facilitator, enables Buyers to view and purchase the products as offered by the Vendors enlisted/on-boarded to the Site.
  3. FACILITATION OF SALE OF PRODUCTS THROUGH THE PORTAL:
    The Company provides to the Buyers:
    • Description of the Vendors enlisted on the Site;
    • Description of each of the Vendors’ products offered for sale like prices and other related information;
    • Vendor rating based on Vendor performance and Buyer reviews;
    • Information in relation to status of order placed by the Buyers.
  4. The Company, in order to assist the Vendors, has set up a Vendor Management Program which helps them with MIS and more effectively plan the inventory.
  5. The Site allows the Buyers to enter the purchase related information such as the purchased quantity, mode of payment and delivery, location and time of delivery and other such related information.
  6. The Buyers may also track the delivery status of the purchased products once the order has been successfully placed for purchase of the products.
  7. Activities like sales promotion, packaging and delivery of orders shall be handled as detailed in the Vendor Agreement entered into by the Company with the Vendors.
  8. The Company will also run digital campaigns on the Site, to highlight products in order to generate sales.
  9. The Company does not recommend, endorse or certify any of the Vendors registered on the Site nor any of the products offered for sale by the Vendors on the Site unless they have been explicitly approved by the Company on the Site.
  10. The Company reserves the right to charge a subscription or membership and/or a convenience fees from the users in respect of any product, service or any other aspect of the Site anytime in future.
  11. The Company may from time to time offer season sales on the Site or certain discounts during the year.
2. USERS RESPONSIBILITY AND REGISTRATION OBLIGATIONS:
  1. The Buyers, in order to make purchases of products listed on the Site, will be required to create an account (“Shopping Account”) by maintaining a User ID and Password, for the confidentiality of which, the Buyers shall be solely responsible.
  2. The Buyers are responsible for all acts and omissions of their own or otherwise, under their shopping account.
  3. The Vendors enlisted on the Site will be assigned a unique ID and password through which they can access the Site.
  4. The Buyers agree, inter alia, to provide true, accurate, current and complete information about themselves as required by the Site registration form.
  5. If the users provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Site has the right to indefinitely suspend or terminate or block access of that users membership with the Site and refuse to provide access to the Site.
  6. The Buyers and Vendors undertake not to host, display, upload, modify, publish, transmit, update or share any information on the Site that:
    • belongs to another person and to which they do not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, 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;
    • harms minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonates another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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.
  7. As a condition of purchase, the Site requires permission to send administrative and promotional e-mails. We will send information regarding the user’s shopping account activity and purchases, as well as updates about the products and promotional offers. The user(s) can opt-out of our promotional e-mails anytime by clicking the unsubscribe link at the bottom of any of our e-mail correspondences. The offers made in any promotional messages sent via e-mails /SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.
3. LISTING OF PRODUCTS ON THE SITE:
  1. The Vendors are categorized into:
    • Vendors who list/upload their products on the Site by themselves (“Category I Vendors”).
    • Vendors who request the Company to list the products on the Site (“Category II Vendors”).
  2. Each of the Vendor’s products shall be listed for sale on the Site only upon the Company approving such listing in its sole and absolute discretion which shall not be called in question.
  3. Category I Vendors shall themselves conduct the photoshoot for their products to be listed on the Site along with providing the product description, subject to the approval of the Company. In the event of any of the products listed going out of stock, the Category I Vendor shall forthwith update the status of product availability on the Site as ‘Out of Stock’ and shall also notify the same to the Company as obligated under the Vendor Agreement .
  4. For Category II Vendors, the Company shall arrange for photography and creation of descriptions for their products to be listed on the Site. The Category II Vendor shall make their listed products available in their inventory for a period of 45-60 days or such period as may be mutually agreed upon.
  5. The Vendors shall provide real-time updates regarding the availability and quantity of products listed on the Site.
4. FEES:
  1. With respect to Vendors who list the products on the Site themselves, the Company would charge, on a category/ sub-category basis, its transaction fees/commission fees or similar service fees to the Vendors in respect of the orders received through the Site. The payment terms for such Vendors are more fully detailed in the Vendor Agreement entered into by the Company with the Vendors and such payment terms may be mutually altered in writing.
  2. With respect
5. RIGHT TO CHANGE/ MODIFIY THE TERMS:
  1. The Company reserves the sole right to update or modify, add or remove portions of the Terms at any time without prior notice. For this reason, the Company encourages the Buyers and Vendors to review the terms every time they use the Site.
  2. The continued use of the Site after any modifications to the Terms by the Company, constitutes the Users binding acceptance to such changes. In addition, when using certain Site services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable specifically to such services. All such guidelines or rules are hereby incorporated or will be incorporated, as the case may be, by reference into the terms.
6. ORDER PLACEMENT:
  1. Navigate the Site by clicking on the categories on the top and left-hand side of the screen. If you are looking for something specific you can type in a key word into the field adjacent to a magnifying glass icon.
  2. As the Buyers browse through the Site, the Buyers shall click on an item to be redirected to the individual product page. Here the Buyers can find information about available sizes, colors, and specific product details. Select a size and add it to the virtual shopping bag/cart.
  3. Access the shopping bag at any time by clicking the icon in the upper right-hand corner of the page. In the shopping bag, the Buyers will be able to able to change the order selection, add discounts, check the approximated delivery fee, and find out the total order value.
  4. When the Buyer is ready to checkout, go to the shopping bag to review and place the order.
  5. When the Buyer is happy with the final selection(s) the Buyer clicks on the ‘proceed to checkout button’ to finalize the order.
  6. Once you have placed your order, the Buyer will receive an e-mail confirmation on the e-mail address provided by the Buyer at the time of creating their Shopping Account.
7. PRICING INFORMATION:
  1. The price mentioned at the time of ordering a product shall be the price charged at the time of delivery, inclusive of all taxes as applicable in India, excluding delivery charges which will be mentioned separately.
  2. The Company may levy a convenience fee on all such orders on the Site which is less than Rs. ____, which will be charged on the overall order value.
  3. The Company reserves the right to offer discounts and seasonal sales/offers upon any and all products, subject to the terms agreed upon in writing by the Company and the Vendor regarding such discount, and the terms and conditions of any such discount or sale shall be published by the Company as and when required.
8. PAYMENT POLICY AND PAYOUT POLICY:
  1. PAYMENT POLICY:

    The Site offers several payment options to choose from:

    • Debit/Credit Card Payment or Net Banking: The Site accepts Mastercard, Visa, Rupay, American Express and Maestro Cards. The Buyer will be required to enter the card number, the name of the card holder, expiry date and three-digit CVV number. The Buyer will then be redirected to the bank’s secure page for entering the one-time password (issued by the bank) to complete the payment. The Site guarantees encrypted transaction for the Buyer’s safety and to ensure total security of any sensitive information. If the card transaction is approved, the amount will be captured immediately and the Buyer will receive an order confirmation to their email address provided at the time of creating their Shopping Account.
    • Cash on Delivery: Pay for the order when delivered at the doorstep. The Buyer shall pay in cash, to the courier service representative delivering the order. We recommend having the exact amount available to smoothen transaction.
    • Unified Payments Interface: Select the UPI payment Instrument. If the UPI transaction is approved, the amount will be debited immediately on the associated bank account and the Buyer will receive an order confirmation on his/her e-mail.

    The Company is not responsible and take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to the Buyer including but not limited to the following: (a) lack of authorization for any transaction(s); (b) or exceeding the present limit mutually agreed by the Buyer and the Buyer’s Bank(s); (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.

  2. PAYOUT POLICY:
    FOR CATEGORY I VENDORS:
    • In consideration for facilitating the sale of the Category I Vendor’s products on the Site, the Company shall be entitled to charge a commission (“Commission”), in the form of a minimum fixed fee or a percentage of the order value, whichever is higher, on every order received by the Vendor through the Site. The fixed minimum fee and the percentage rate for the various categories of products is more fully detailed in the Vendor Agreement. The fixed minimum fee and percentage rate for the products may be modified by the Company with the written consent of the Vendors at any time.
    • The Company shall release, to the Vendors, the proceeds of the sale of the Vendor’s products on the Site after deducting its Commission and applicable taxes upon the expiry of the Return Period. The Company will endeavor to release the payments, twice every month, taking into account the Return Period, to the designated bank account given at the time of registration or such account as may be notified by the Vendors in writing.
    • The Company shall be responsible for Tax Collection at Source of the amount of the GST liability of seller as may be notified from time to time by the Government and shall accordingly deduct the same from payments to be made to the Vendors.
    FOR CATEGORY II VENDORS:
    • In consideration for arranging for the photography, product description, content creation and other services relating to listing of Category II Vendors’ products, and facilitating the sale of the such products on the Site, the Category II Vendors shall provide the products to the Company at a markdown price (“Markdown Price”) mutually agreed upon which the Company is liable to pay to the Vendor only upon receiving an order for such products. The Company shall have the right to list such products on the site at such price as it may deem appropriate.
    • The Company shall release, to the Vendors, the Markdown Price after deducting all applicable taxes and only upon the expiry of the Return Period. The Company will endeavor to release the payments, twice every month, taking into account the Return Period, to the designated bank account given at the time of registration or such account as may be notified by the Vendors in writing.
9. DELIVERY:
  1. The Buyer will be informed of the estimated delivery timeframe before placing the order on the Site.
  2. The delivery of the products shall be undertaken by the Vendors, where such delivery is to be made within the territory of India (“Domestic Delivery”). Where such delivery is to be made outside the territory of India (“Overseas Delivery”), the Vendor shall dispatch the products to the Company’s delivery hub located at Kolkata (the address of which shall be notified to the Vendor upon successfully enlisting on the portal), and the Company shall undertake such overseas delivery through its associate delivery partner.
  3. The Vendor agrees to exercise utmost diligence in processing the orders and endeavors to dispatch orders in the fastest possible time and in the order in which they are placed.
  4. The Vendor shall, upon receipt of the order, raise a tax invoice as in the name of Buyer towards the sale of the product(s).
  5. DOMESTIC DELIVERY: The Vendor shall, upon receipt of the order, immediately arrange to deliver the products to the Buyer as early as possible, but in any case the dispatch shall be made within Fifteen (15) days of the receipt of the order, failing which the order will stand cancelled without any cost and consequences to the Company and the amount paid by the Buyer shall be refunded.
  6. OVERSEAS DELIVERY: The Vendor shall, upon receipt of the order, immediately arrange to send the products to the Company’s delivery hub at Kolkata as early as possible, but in any case the dispatch shall be made within Fifteen (15) days of the receipt of the order, failing which the order will stand cancelled without any cost and consequences to the Company and the amount paid by the Buyer shall be refunded.
10. WITHDRAWAL OF ORDER AND RETURN OF PRODUCTS (“RETURNS POLICY”)
  1. The Buyer may cancel the order placed before the products have been dispatched for delivery by the Vendor.
  2. The Buyer may return the products from the date of delivery of the products within the given number of days as per the table below (“Return Period”). Upon the expiry of the Return Period, the legal rights, title, interest and ownership in and to the products shall pass on to the Buyer.

    Category Products included Return Period
    Apparel and Footwear
    Accessories
    Furniture

  3. Where a product has been returned by the Buyer on account of the products being defective or the wrong products or the wrong specification of the products ordered, the Vendor agrees to replace the products supplied to the Buyer at its (the Vendor’s) own cost and shall not hold the Company responsible in any manner whatsoever.
  4. The Company shall attempt to refund the amount paid by the Buyer, for the product which has been returned by the Buyer (and receipt of the same with the Vendor or the Company has been recorded and notified to the Buyer), using the same method of payment, used by the Buyer to confirm the order, as soon as possible and at the latest within 30 days of receiving the notice of cancellation, provided the Company receives the product in the same condition it was in prior to the dispatch of the product to the Buyer.
  5. If the Buyer has made payment upon delivery, the refund will be issued to a valid bank account, the details of which will have to be entered by the Buyer into the respective field provided on the Site while returning the product.
  6. The above provisions of this Return Policy are subject to the requirement that the products in the order should not have been damaged, soiled, washed, altered or worn (other than to try the product on without causing any signs of wear or use) and that all the labels and tags should be intact.
  7. Products which in general cannot be returned due to safety, hygienic or any other reasons shall be marked as ‘Not Returnable’ on the product page on the Site. The above provisions of this Clause shall not apply with respect to such products and the legal title, rights and ownership in the products shall pass on to the Buyer immediately upon receipt of the products.
11. ORDER CANCELLATION BY THE SITE:

Certain situations like limitations on quantities available for purchase (if the items are out of stock), inaccuracies in product or pricing information etc., may result in order(s) being cancelled, which will be intimated to the Buyer on the e-mail address provided by them at the time of creating their Shopping Account.

12. BUYER REVIEWS:
  1. By entering a user review, the user grants permission to the Company to use any of the written reviews to its marketing and/or advertising, including without limitation, in the Site, e-mail and other communications.
  2. The Site reserves the right to remove any user review at any time.
  3. Each and every review posted on the Site is the personal opinion of the user(s)/reviewer only. The Site is a neutral website, which solely provides a means of communication between user(s)/reviewers.
13. INTELLECTUAL PROPERTY:
  1. The Site and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Site is owned and controlled by the Company or its licensors and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through the use of the Site, by no means are any rights impliedly or expressly granted to the Vendors or the Buyers in respect of such Content. The Company reserves the right to change or modify the Content from time to time at its sole discretion.
  2. The trademarks, logos and service marks displayed on the Site (“Marks”) are the property of the Company or, as the case may be, its Vendors, or respective third parties.
  3. The Company has the copyright in all the photographs taken of the products of the Category II Vendors including the descriptions and any other contents created in relation to such products by the Company.
  4. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark “Ladybugs Tales”, and the Site, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  5. Except as expressly provided herein, the Buyer or Vendor acknowledges and agrees to not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company or, as the case may be, any third party owner of such Content.
  6. The Buyer must not modify the paper or digital copies of any materials they have printed off or downloaded in any way, and they must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  7. The Buyer must not use any part of the Contents uploaded on the Site for commercial purposes without obtaining a licence to do so from us.
14. RESERVATION OF RIGHTS:

The Company reserves all rights which are not expressly granted by the Company in this User Agreement.

15. PREVENTION OF UNAUTHORISED USE:

The Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting the Users Internet Service Provider (ISP) regarding such unauthorized use.

16. DISCLAIMER OF WARRANTIES AND LIABILITIES:
  1. All the products and services, included on or otherwise made available to the Buyer through the Site are provided on “as is” and “as available” basis. The Company does not warrant that product description or other content on the Site is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
  2. The Company shall not be responsible for any defects or shortcomings in the products purchased by the Buyers through the Site.
17. INDEMNIFICATION:
  1. The Buyers and Vendors agree to indemnify, defend and hold harmless the Company, including but not limited to, its agents, directors, managers and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Buyers or Vendors pursuant to the Terms.
  2. In no event shall the Company, its officers, directors, employees, agents, representative, partners or licensors be liable to the Buyers, Vendors, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other action, or any other claim arising from your use of the Services or any Content or for any other claim related in any way to your access to the Site and/or use of the Services, including, but not limited to, any errors or omissions in any Content or information on the Site, or any loss or damage of any kind incurred as a result of the use of the Services and/or reliance on any Content or information on the Site. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
18. TERMINATION:
  1. Termination with Buyer: This User Agreement, will continue to apply in relation to the Buyer until terminated by either the Buyer or the Company. If the Buyer wants to terminate the User Agreement with the Company, they may do so by (i) terminating their use or access of the Site; or (ii) terminating the Shopping Account.
    The Company reserves the right to terminate or suspend any of the user(s) shopping account in the following instances:
    • the Buyer had breached any provision of the Terms, or any other terms, conditions, or policies applicable by the user(s) from time to time,
    • the user(s) have not entered the Site or used the Services as much,
    • we are required to do so by law,
    • we have elected to discontinue, with or without reason, access to the Site, the Services (or any part thereof).
  2. Termination with Vendor:This User Agreement will continue to apply in relation to the Vendors until the termination of the Vendor Agreement entered into by the Company with the respective Vendors.
19. PRIVACY POLICY:

The Buyers and Vendors hereby consent, express, and agree that they have read and fully understood the Privacy Policy of the Company in respect of the Site. The Buyers and Vendors further consent that the terms and contents of such Privacy Policy are acceptable to them.

20. FORCE MAJEURE:

The Company shall be under no liability whatsoever to the Buyers or the Vendors in the event of non-availability of the Site and/or any of the Services or any portion thereof, or for any failure and/or delay in performing any obligations and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the Buyers or Vendors occasioned by an act of God, war, pandemic, epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite or network failure, or any other cause beyond our control (“Force Majeure Event”).

21. JURISDICTION:

These Terms shall be governed in accordance with the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Site, shall be subject to the jurisdiction of the Courts at Kolkata, India.

22. CO-EXTENSIVE:

These Terms are co-extensive and concurrent with our Vendor Agreements with the Vendors and the Privacy Policy listed on the Site.

23. ENTIRE AGREEMENT:

These Terms, the Privacy Policy and any other terms or policies as may be prescribed by us from time to time including the Vendor Agreement signed with our Vendors, constitutes the entire agreement between you and us, which will govern your use of or access to the Services and/or the Site.

24. AMENDMENTS:

The Company may revise these Terms from time to time, without prior notice to the Buyers or Vendors, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Services. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be posted on the Site and will be effective immediately after such posting and it is recommend to periodically check these Terms on the Site for such revised terms. The continued use of the Services and/or the Site will be deemed to constitute acceptance of any and all such revised terms.

25. SEVERABILITY:

If any of these Terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

26. ORDER OF PRECEDENCE:

Notwithstanding anything contained or said in any other document, if there is a conflict between the Terms mentioned herein below and any other document, the Terms contained herein shall alone prevail for the purposes of usage of the Site.

27. CONTACT US:

Please contact us for any questions, comments or grievances regarding this Site.

In accordance with Information Technology Act, 2000 and rules made there under, and also Consumer Protection Act and rules made thereunder, the name and contact details of the Grievance Officer who shall act as the nodal point of contact for compliance with the provisions of the above legislations, are provided below:

Grievance Officer:

Mr.________________

Address:

28. ELECTRONIC COMMUNICATIONS:

When the Buyers and Vendors visit the Site or send e-mails to the Company, they are communicating with the Company electronically and consent to receive communications from us electronically. The Company will communicate with the Buyers or Vendors by e-mail or by posting notices on the Site. The Buyers and Vendors agree that all agreements, notices, disclosures and other communications so provided to them electronically satisfy any legal requirement that such communications be in writing.

Note: This document is an electronic record in terms of the Information Technology Act, 2000 (as amended from time to time) and rules made thereunder. This document is published in compliance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that mandates publishing the rules and regulations, privacy policy and user agreement for access or usage of the Site.

ZAARII © Copyright 2025. All Rights Reserved.

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