TERMS OF USE

General Terms of Use

Terms of Website Use

Welcome to our website. If you continue to browse and use Buy My Sari (the "Site") you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy, our Returns Policy and our Terms and Conditions on the sale of goods (together the "Terms and Conditions"), govern your use of our Site. The terms "us", "our" "we" or "buymysari.com" "Buy My Sari" refer to Buy My Sari Limited. The term "you" refers to the user or viewer of our Site. Please review these Terms and Conditions before using our Site.

We recommend that you print a copy of these terms of website use for future reference. If you do not agree to these terms of use, you must not use our Site.

Information about us

Buy My Sari Limited is a company registered in England and Wales under registration number 12497301.

Your use of the Site

The content on our Site is for your general information and use only. The content on our Site, including the Terms and Conditions, are subject to change without notice. Please check this page from time to time to take notice of any changes we make to the Terms and Conditions, as they are binding on you from the date they are posted on our Site. If you do not agree to the amended Terms and Conditions, you may request the closure of your account. No other amendment to these Terms and Conditions will be effective. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Site for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw or discontinue all or any part of our site without notice. It shall be your own responsibility to ensure that services or information available through this site meet your specific requirements.

How does our Site work?

Buy My Sari is a platform where members buy and sell Indian couture. Buy My Sari does not own any of the merchandise offered and sold on our Site. At no stage during any transaction does or will Buy My Sari become contractually involved. Should any of the items displayed on our site and subsequently sold via our Site prove unsatisfactory, we will not be liable under any circumstances. We provide a forum for the transaction and do not purport to buy or sell any of the items listed on Buy My sari. Please read our terms and conditions of sale which provide further information on your use of the Site and which form part of your agreement with us.

VIP Service

We offer a VIP service to Sellers for items with a value of £1500 and above which includes us photographing the item, storing the item prior to sale and delivering the item once the item has been purchased on the Site. An increased commission of 30% will apply to the VIP Service. If a Seller wishes to use our VIP selling service, they should contact us and provide all the required information. Buy My Sari will not accept any items sent without prior agreement and acceptance of any VIP Items and it is at our sole discretion.

Eligibility

In order to use our services you must be at least 18 years old and you must have the capacity to enter into a legally binding contract in accordance with applicable laws.

Registration

Before using the services available on our Site, you will need to complete our registration form. All information provided by you must be true and complete. You are responsible for all actions taken under your account ID and password and you shall only use our Site with your own account ID and password. You shall not transfer or sell your account ID to any other person.

Authenticity of Member

Buy My Sari cannot guarantee the true member’s identity and does not provide or make any identity verification checks. If you have any suspicion of the member's identity, we recommend that you review the feedback rating and comments of that member. We also recommend that you get in contact with the other members through the interaction tools available on our Site.

User Generated Content

If it is the case that you supply/upload any content to our Site - whether it be pictures, text, sound recordings or anything else - the content you supply must comply with the following rules:

It must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
It must not harass or bully another person;
It must be true and honest so far as you know;
It must not be defamatory of anyone;
It must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own);
It must not contain someone else's personal details or confidential information relating to other people; and
It must not promote or condone terrorism, violence or illegal behaviour.

We reserve the right to refuse to accept or refuse or cease to use any content supplied by any person that we think contravenes these rules and suspend or terminate your account and access to the Site.

Viruses

We do not guarantee that our Site will be secure or free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any Site linked to it. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Linking to other Sites:

This Site may include links to other sites and resources provided by third parties. These links are provided for your convenience to provide further information. They do not signify that we endorse such sites. We have no responsibility for the content of the linked sites and we will not be liable for any loss or damage that may arise from your use of them. You may not create a link to this Site from another site or document without our prior written consent.

Feedback and Fraud

All members are required to act with honesty and integrity. If we suspect that you initiated or been involved in any fraudulent activity, we have the right to terminate your account and report the matter to the appropriate authorities.

Legal Disputes

Other than in relation to items purchased through the VIP Service, any disputes between the members of Buy My Sari are to be settled without recourse to us. We are exempt from all legal actions, claims and disputes. We are not responsible for the actions and/or omissions of any of our members. Although we are not liable we will always do our utmost in order to help Buyers and Sellers to achieve a happy outcome, by overseeing and assisting them in resolving disputes to the extent possible.

Making a Purchase

By purchasing an item, the member implicitly states their ability and intention to pay for the item. If you have a question in relation to an item being sold, you should ask the Seller before purchasing the item. If you decide to buy an item, you will enter into a legally binding contract with the Seller at the point that you complete your transaction. With regards to returns and refunds, please refer to our Returns Policy which forms part of our agreement with you and our terms and conditions relating to the sale of goods on our Site.

Withdrawing an Item

If you need to withdraw any item, please contact our Admin Team immediately. We ask that members be respectful of one another regarding cancellations and returns.

Technical Errors or Issues beyond Our Control

We reserve the right to cancel any sales due to technical errors on the site and/or listings. Please contact us if you have any queries regarding this. The prices and items displayed on our Site are subject to change and the prices displayed on our Site at any moment are only valid at that moment. The price a Buyer pays for an item will be the price displayed at the time the order is placed, except for where the price displayed was incorrect and that pricing error was obvious and unmistakeable.

Fair Trading

All members must act fairly and in accordance with the Terms and Conditions. Members may not, for example, take any actions that amount to interference, interruption or manipulation of the Site. Prohibited actions include, but are not limited to, encouraging another member to conclude a transaction outside of our Site, or making purchases using a false Member ID.

Use of Site Promotions or Offers

The Site will release promotions and offers from time to time to invite new members or reward existing members. A valid promotion or offer may only be used once and never in conjunction with another promotion or offer, unless otherwise specified.

Personal Information and Privacy

Personal information is any information that a member provides to Buy My Sari and other members of our Site. This includes your profile details, feedback, messages and listings. The use of personal information by us is regulated by our Privacy Policy. Your acceptance of these Terms and Conditions entitles us to assume you have read and accepted the terms of the Privacy Policy. Members must ensure that the information they provide is honest, accurate and fully compliant with all laws, including the intellectual property rights of others. Buymysari.com will not disclose any of your personal information to any other third parties without your express consent. However, under certain circumstances we may be required to provide information to legal authorities. In order to maintain the integrity of our Site and safeguard the interests of our subscribers, we will comply with any such legally binding request without notice to you.

Information of Other Users

You may only use the personal information of other members obtained through the Site as required for your proper use of the Site. You may only use such information in accordance with the law.

Non-observance of the Terms and Conditions

Failure to act in accordance with the Terms and Conditions may lead to the restriction, suspension or termination of your account without refund of any fees paid and we will not be liable for any loss or damage you may suffer or claim as a result of such restriction, suspension or termination of your account.

Limitation of Liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied. Buymysari.com has no control whatsoever over the quality, legality, or safety of any advertised items or of any other characteristics on which the Buyer may rely, the accuracy of any of the listings and the capacity of any Seller or any Buyer to transact. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

Use of, or inability to use, our site; or
Use of or reliance on any content displayed on our site.

If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our terms and conditions for the sale of goods. Consumers have legal rights in relation to items which are faulty or not as described. These legal rights are not affected by anything in these Terms and Conditions. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.

Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions (including the documents incorporated by reference), or your violation of any laws or the rights of a third party.

Availability of Site

While we use all reasonable endeavours to make our services and Site available, we cannot guarantee that they will operate continuously or without interruptions.

Notices

Except as otherwise stated, any notices that you wish to send to Buy My Sari should be made via email or registered mail. Any notices that we may wish to draw to your attention will be displayed on our Site or will be sent to the email address registered under your account.

Governing Law and Jurisdiction

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.

Third Party Rights

A person who is not party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the terms of this agreement but this does not affect any right or remedy of a third party specified in this agreement or which exists or is available apart from that act.

Events Outside Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this agreement that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, snow, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, impossibility of the use of motor transport or other means of public or private transport, road traffic accidents, road closures or mechanical failure.

Invalidity

If any part of the terms of this agreement is unenforceable, including any provision in which we exclude our liability to you, the enforceability of any other parts of this agreement will not be affected.

Entire Agreement

This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Sellers Terms of Use

Sellers not using the VIP Service should upload images of the item together with a detailed description of the item. Sellers are liable for all images and descriptions posted on the Site. The Seller should only sell items permitted to be sold by buymysari.com in its sole discretion. Please see our Frequently Asked Questions for more information. It is also the Seller's responsibility to ensure that it is lawful to sell and deliver an item to the jurisdiction in which the Buyer is based. Should a Seller wish to withdraw a VIP item for sale for any reason before it is sold, a fee of £175.00 will be payable by the Seller to buymysari.com to cover the work involved (including taking and editing pictures of the item and managing the sale) plus any applicable courier and/or postage charges necessary to return the item. Any change to these arrangements must be discussed and agreed prior to our receipt of the items for sale. As a Seller you warrant and represent as follows:

The contents of your listing will only consist of material that you have a right to use;
You will respect all intellectual property rights of third parties when using our Site, including without limitation in your listing;
The item you are listing for sale is genuine
You are the absolute unencumbered legal owner with the right to sell the items listed; and
You will list all items in the correct category with accurate and appropriate descriptions, size measurements (including regarding the original price paid for the item), any defects highlighted and provide such information as we may request.

When a Seller receives payment for a sold item from Buy My Sari, all costs arising from PayPal or bank transfers will be passed onto the Seller.

If Sellers and Buyers attempt to conduct transactions outside of buymysari.com in order to avoid commission charges, they will lose all protection that we offer including rights concerning refund of payments. Buy My Sari reserves the right to charge the Seller the relevant commission.

Buymysari.com does not take responsibility and is not liable for any images uploaded by or on behalf of the Seller, who does so at their own discretion. As a Seller on buymysari.com, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, solicitation of offers to purchase, and sale of items. You should familiarise yourself with your obligations under all applicable laws. You are also responsible for paying all fees associated with using our service and our Site and all applicable taxes. We reserve the right to require proof of postage from a Seller.

If tracking and the record of a delivery show that a person with a different name to that of the Buyer has signed for a parcel, we reserve the right to delay payment of any sale proceeds due to the Seller until confirmation of receipt is received from the Buyer. If the tracking information does not confirm delivery of the item with the signature/name of recipient, Buymysari.com reserves the right to withhold payment.

Postage issues, including missing items, must be resolved between Buyers and Sellers, other than in relation to items purchased through the VIP Service which will be managed by us.

All Sellers must use a recorded or tracked delivery service to deliver items and appropriate insurance cover is purchased. Sellers are responsible for claiming compensation directly from the relevant postal service used when an item is lost in delivery. Buymysari will not be responsible for managing any compensation claim or liable to any person for any lost or missing items.

Buymysari.com should be notified as soon as possible where a buyer has not received a VIP Item and we will assist where possible.

Cancellation of a Sale

When an item has been purchased, the Seller is obliged to complete the transaction with that purchaser. The Seller may cancel a sale in the following circumstances:

A buyer contacts the Seller to cancel the sale; or
The identity of the buyer cannot be verified and/or payment cannot be taken after trying all reasonable means of contact; or
The item is no longer available.

Returns

Please refer to our Returns Policy.

Listing Fees

There is a £2.99 fee for listing and auto-relisting an item. Please note that a minimum commission fee of 15% is applied and this will be automatically deducted before payment to the Seller is processed. Please contact admin if you have any questions.