Terms of service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Terms of Website and APP use

These terms of use (together with the documents referred to in it) (“Terms”) are the terms on which you may make use of our website [https://www.ziniosa.com/] (“Website”) or our mobile application (“App”), whether as a guest or a registered user. Use of the Website includes accessing, browsing, or registering to use the Website. Please read these Terms carefully before you start to use the Website and/or App. We recommend that you print a copy of this for future reference.

By using the Website and/or App, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use the Website and/or App. If you do not agree with any amendments made to these Terms at any time in future, you must stop using the Website and/or App with immediate effect.

Other applicable terms

These Terms refer to, incorporate, and include the following additional terms, which also apply to your use of the Website and/or App:

Our Privacy Policy [https://www.ziniosa.com/privacy-policy-2/], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website and/or App, you consent to such processing and you warrant that all data provided by you is accurate.
If you purchase goods from the Website and/or App, Social Media, Whatsapp or Phone channels our terms and conditions of supply [https://www.ziniosa.com/ ; https://www.instagram.com/ziniosa/ ; ] will apply to the sale of such goods.
Any communications held with us on our Whatsapp Business Account (“Whatsapp”) in connection with the Services (defined hereinafter) shall also be governed by these Terms and Conditions as applicable. We reserve the right to accordingly add and amend to this all such platforms such as but not limited to Whatsapp for carrying out the Services, from time to time, and any and all such added / amended platforms will also be governed by the Terms and Conditions as applicable.

Therefore, any reference to the Website and/or the App, shall also be a reference to Whatsapp (or such other platform) as may be applicable.

about us

The Website and/or App is an online market place that facilitates the online rental and/or resale of various personal accessories including handbags, purses, clutches, etc and related services (collectively the “Services”), operated by Nithiravya Private Limited (the “Company”) incorporated under Indian Companies Act, 2013 with registered office at [#507, RMV 2nd Stage, 3rd Block, Bangalore – 560094 Karnataka].

Any reference to “you” or “your” or “user” refers to you as a user of the Website and/or App (and/or your communications with the Company on Whatsapp or such other platform as may be applicable) in respect of the Services and any reference to “we”, “our” and “us” shall refer to the Company as the provider of the Services.

Changes to these terms and services

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.

Changes to the website and app

We may update the Website and/or App from time to time, and may change the Content at any time. In these Terms, the term “Content” means any information, text, graphics, or other materials uploaded by the users of the Website and/or App, including personal information uploaded by the donors, and which appears on the Website and/or App for other users to access. However, please note that any of the Content on the Website and/or App may be out of date at any given time and we are under no obligation to update it.

We do not guarantee that the Website and/or App, or any Content on it, will be free from errors or omissions.

Accessing the website and app

We do not guarantee that your use of the Website and/or App, or any Content on it, will always be available or be uninterrupted. Access to the Website and/or App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website and/or App without notice. We will not be liable to you if for any reason the Website and/or App is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access the Website and/or App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose to register with us, an account will be created for your use (“Account”) on the Website and/or App and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the Website and/or App after logging into any third party website like facebook®, twitter® or gmail®, the login information of such a third party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Website and/or App through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Website and/or App or any other Website and/or App accessed by you through the Website and/or App.

You represent and warrant that if you are an individual, (i) you are over eighteen years of age, or (ii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India. Any person under the age of eighteen (18) years accessing the Website and/or App should do so only under parental guidance. If we change the eligibility criteria to be registered with the Website and/or App and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Website and/or App or Services in any way.

We have the right to disable your use of the Account or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at [info@ziniosa.com]. We are not liable for any losses or other consequences of unauthorised use of your account.

User responsibilities

These Terms govern your behaviour on the Website and/or App and set forth your obligations. You agree and confirm to the following responsibilities:

You shall comply with all the obligations set forth in these Terms.
You will use the Services rendered by us for lawful purposes only and comply with these Terms and all Applicable Laws, statutes, by-laws, acts of legislature or parliament, rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any governmental authority, and all applicable judicial orders and precedent (“Applicable Laws”) while using and transacting on the Website and/or App.
Creation and maintenance of all Content in your account shall be your sole responsibility.
You are responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper and lower-case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction.
Provide us with only such information that is true and accurate to the best of your knowledge.

Payment Terms

Registration on the Website and/or App and the information is free. The Company does not charge any fee for browsing the Website and/or App. The Company is not responsible for any loss or damage caused to user during the transaction process as these third parties facilitators for transactions are beyond the control of the Company. The Company shall not be responsible for any act or omission on the part of such collection agents as the Company exercises no control over such third parties.

Interactive services

We may from time to time provide interactive services on the Website and/or App, including, without limitation:

Chat rooms
Bulletin boards

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website and/or App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website and/or App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Intellectual property rights

We are the owner of the Website and/or App. However, the ownership of Content is with the creator of that specific Content. “ZINIOSA” is a trademark of the Company. All graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of the Company. Any trademarks not owned by the Company that appear on the Website and/or App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company. All content and compilation thereof on the Website and/or App, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of the Company, its licensors, or its product suppliers, and is protected by Indian and international copyright laws.

You may print off one copy, and may download extracts, of any page(s) from the Website and/or App for your personal use and you may draw the attention of others within your organisation to Content posted on the Website and/or App.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the Content on the Website and/or App for commercial purposes without obtaining a licence to do so from us or our licensors.

No reliance on information

The Content on the Website and/or App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of the content on the Website and/or App.

We may display some Content that is not ours. This Content is the sole responsibility of the person/entity who makes it available. The Content of the Website and/or App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational or descriptive purposes only. Reliance on any information appearing on the Website and/or App, whether provided by the Company, its Content providers, visitors to the Website and/or App or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the Website and/or App. We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do.

We assume no responsibility for the Content of websites linked on the Website and/or App. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Although we make reasonable efforts to update the information on the Website and/or App, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Website and/or App is accurate, complete or up-to-date.

Disclaimer of warranties

You expressly acknowledge and agree that use of the Services and the Website and/or App is at your sole risk. The Services and the Website and/or App are provided on an “as is” and “as available” basis. Although we make best efforts to procure high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability or fitness for a particular purpose. The contents of the Services or the Website and/or App may contain bugs, errors, problems or other limitations. We assume no liability or responsibility for any errors or omissions in Content.

We are not responsible for the Content uploaded by you on the Website and/or App. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the Website and/or App. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the Website and/or App that is used by you.

We make no warranty that the Services or Website and/or App will meet your requirements or that the Services or your access to the Website and/or App will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or Website and/or App. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or Website and/or App is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.

All commercial / contractual terms are offered by and agreed to between users and Website and/or App alone. The commercial / contractual terms include without limitation price, delivery costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services.

All items are offered only for a restricted time and only for the available supply. We apply best efforts to ensure the delivery of the products to your delivery address within the delivery time frame notified to you, but do not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries. You agree that we shall not be liable for any deliveries made outside the delivery time frame.

The User agrees that the Company’s role is limited to managing the Website and/or App for the display of the products and other incidental services to facilitate the transactions with the users.

No advice or information, whether oral or written, obtained by you from the Services or Website and/or App or through the Service(s) or Website and/or App shall create any warranty not expressly made herein.

Viruses

You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website and/or App, the server on which the Website and/or App is stored or any server, computer or database connected to the Website and/or App. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. 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 the Website and/or App will cease immediately.

We will not be liable for any loss or damage caused by a virus, denial-of-service attack, 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 the Website and/or App or your downloading of any Content on it, or on any website linked to it.

You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the Website and/or App will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

Limitation of our liability

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website and/or App or any content on it including any information related to the products listed on the Website and/or App or the Website and/or App itself or Services, whether express or implied.

We will not be liable to any user for any direct, indirect or consequential 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, the Website and/or App;
use of or reliance on any content displayed on the Website and/or App; or
use of the products or services provided through the Website and/or App.

If you are a business user, please note that in particular, we will not be liable for:

loss of profits, sales, business, business opportunity or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or

Please note that we only provide the Website and/or App for domestic and private use. You agree not to use the Website and/or App for any commercial or business purposes without obtaining a legally valid license to do so in accordance with these Terms.

Electronic communications

When you visit this Website and/or App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website and/or App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Website and/or App and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email at [INSERT EMAIL ADDRESS].

Uploading Content to the website and App

Whenever you make use of a feature that allows you to upload Content to the Website and/or App, or to make contact with other users of the Website and/or App, you hereby warrant and represent to do so in accordance with the Applicable Laws. You warrant that any such Content added by you does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. You will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any Content you upload to the Website and/or App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to grant us [and other users of the Website and/or App] a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights you licence to us are described in the next clause (Rights you licence)

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to the Website and/or App constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any other user of the Website and/or App.

We have the right to remove any posting you make on the Website and/or App if, in our opinion, your post does not comply with the Applicable Laws or we do not find the Content appropriate.

The views expressed by other users on the Website and/or App do not represent our views or values.

Rights you licence

When you upload or post content to the Website and/or App, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for us to make your Content available to others for publication, distribution, syndication, or broadcast of such Content on other media and services, subject to these Terms. Such additional uses by us or others may be made with no compensation paid to you with respect to use as mentioned.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Additionally, by uploading Content to the Website and/or App, you warrant, represent and agree that you have the right to grant us the licenses described above.

Linking to the Website and APP

If you choose to authenticate your account through a third party service, like Twitter or Facebook, you are linking that account to your Account.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website and/or App in any website that is not owned by you.

The Website and/or App must not be framed on any other site, nor may you create a link to any part of the Website and/or App other than the home page.

We reserve the right to withdraw linking permission without notice.

The Website and/or App in which you are linking must comply in all respects with the Applicable Laws and standards as deemed appropriate by us.

If you wish to make any use of Content on the Website and/or App other than that set out above, please send us an e-mail at info@ziniosa.com

Indemnification

To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all any claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of any of these Terms, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. This indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Services and/or Website / App.

You agree that the rights you grant to us in these Terms are irrevocable during the entire period of protection of your intellectual property rights associated with the any and all content and material posted by the Company on the Website and/or App. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website and/or App; that, as at the date that the content or material is submitted to the Company: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any Applicable Laws or these Terms or any of the Company’s policies or guidelines (as may be issued from time to time) and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

Release and waiver

To the maximum extent permitted by Applicable Law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our Website and/or App, its services, content or use of the products. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Applicable law

Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Bangalore, Karnataka will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

Termination

We reserve the right to refuse to continue providing you with access to this Website and/or App if we discover that you are incompetent to contract by virtue of your age or otherwise under Applicable Law. This Website and/or App are not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. In case, you choose to access this Website and/or App from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all Applicable Laws.

Website and App Security and grievance officer

This Website and/or App stores all data with an authorized cloud storage platform which may store this data on its servers located outside of India. The storage platform has security measures in place to protect the loss, misuse and alteration of the information. You also acknowledge that the standards followed by the cloud storage platform are not within control of the Company and are liable to change from time to time. You agree that it is in your interest to review from time to time the security standards, practices and policies adopted by the platform which is available online to confirm that there are no changes that you are not comfortable with.

In accordance with Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below:

Name: Nithiravya Pvt Ltd

Address: 507 3rd Block, RMV 2 Stage, Bangalore 560094, Karnataka, India

Phone: +917892297680
Email: info@ziniosa.com

Timing: 9.30 AM – 6.00 PM

If you come across any abuse or violation of these Terms, please report to info@ziniosa.com.

General terms

Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Terms, you and the Company shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

Invalidity of Specific Terms: If any provision of the Terms is found by a court of competent jurisdiction to be invalid, other provisions of such the Terms shall remain in full force and effect.

Contact us

For general enquires, complaints and/or giving any feedback, please email to info@ziniosa.com

In case you do not want to continue using our Services and want to deactivate your account with us, please contact is at info@ziniosa.com

If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at info@ziniosa.com (“Opt-out Request”). You agree that you are not entitled to use this Website and/or App or the Services unless your Opt-out Request is accepted by us in writing.

THANK YOU FOR VISITING US.

Conditions of Sale (between the Company and the Customer)

Please read these conditions carefully before placing an order for any Products (as defined) with the Company on the Website, App, and/or Whatsapp / Instagram (or such other application as may be applicable) (“Conditions”). These terms and conditions signify your agreement to be bound by these Conditions as well as the Terms of Use as applicable. Any and all capitalized terms not defined herein will have the same meaning as ascribed in the Terms of Use (“Terms”).

PART A

Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of Products by us to you on or through the Website, App, Whatsapp, physical pop-up stores / kiosks, and/or any other such platforms as may be added / amended by the Company from time to time.

Our Contract
When you place an order with us on our Website / App / Whatsapp / Instagram (or such other application as may be applicable), your order is an offer to us to buy the Product(s) in your order (“Order”). When you place an Order to purchase a Product from us, you will receive a communication (i.e., email, text-message, Instagram direct message, etc. as may be applicable) confirming receipt of your order and containing the details of your order (the “Order Confirmation“). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for a Product ordered by you, when the Product is shipped / dispatched to you and a confirmation is sent to you that the Product has been shipped to you (the “Shipping Confirmation“). If your Order(s) is shipped in more than one package, you may receive separate Shipping Confirmation for each package, and Shipping Confirmation and corresponding shipment will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipping Confirmation.

Your contract is with us (the Company) and you confirm that the Product(s) ordered by you are purchased by you for your internal / personal purpose and not for re-sale or business purpose. You hereby authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the Products ordered by you on the website.
Only persons who can form a legally binding contract under the Indian Contract Act, 1872, can enter into a contract with the Company. If you are a minor i.e. under the age of 18 years, you may use the Services, Website, and/or App, only with the involvement of a lawful parent or guardian.
We only accept your offer, and conclude the contract for sale of a Product offered by you by issuing the Shipping Confirmation, when the payment in respect of the said Product is received by the Company in accordance with the Payment Clause below (“Final Sale”). If multiple Product(s) are sold on the Website / App, then each corresponding sale will conclude a separate contract of sale between you and us for the Product(s) sold.
The Company reserves the right to reject the sale of any of the Product(s) at any time prior to the Final Sale, at its sole discretion.
Description and Authentication of Products

The products listed on our Website / App relate to luxury apparel and accessories including but not limited to bags, shoes, belts, and such other related products (which may be added and amended by the Company from time to time). You are informed of and aware that the products listed on our website are preloved / pre-owned / used products obtained / purchased by the Company from individual sellers (“Products”). The Company disclaims any direct or indirect relationship with, and in no manner represents itself as an agent, authorized retailer, distributor, etc., of, the trademarked brand owner / manufacturer (and/or its stores, authorized retailers, etc.) of the Products listed on the Company Website / App.
All pictures, descriptions, and information regarding the accurate condition, size, material, notified defects (if any) etc. of the Products are based on an authentication check and internal analysis of the Products performed by the Company to the best of its ability. You hereby accept the descriptions and/or authentication of the Products as provided by the Company as final and binding and undertake any associated risk. The Company shall not entertain and shall have no responsibility towards any disputes, issues and/or claims raised by you in respect of the description and/or authentication of the Products, except for as provided in relation to Counterfeits.
The Company is in no way responsible for, nor guarantees, the 100% accuracy of the descriptions and/or pictures of the Products. The Company reserves the right to modify, delete, update, add to the descriptions of its Products at any time and as per its sole discretion.
The Company shall not entertain and shall have no responsibility towards any disputes, issues and/or claims raised by any third party in respect of the description and/or authentication of the Products, except for as provided in relation to Counterfeits.
Blocking of Products

The Company provides blocking services whereby a Product will be blocked / held by us exclusively for a customer, upon an express request and upon payment of a one-time specified fee for such blocking of the Products, which fee shall be non-refundable (“Blocking Fee”).
Upon receipt of a written request and upon payment of the Blocking Fee, the relevant Product will be blocked on the Company Website / App for a period defined by Ziniosa during which time the Product will not be open to the public for sale, and can only be purchased by the customer who has paid the Blocking Fee. Upon expiry of the aforesaid period, if the Product is not purchased / sold, then the Product will be relisted onto the Company Website / App for sale to the public.
Cancellation of Orders

Orders may be cancelled only before the order is shipped by Ziniosa at no cost, and any payments made by you will be refunded electronically within 10-15 business days from the Company’s end and subject to such other timelines as relevant by the respective bank, payment gateway, etc.

Returns of Orders
Returns of Orders delivered to and received by you are governed in the following manner:
1. No returns will be accepted of any of the Products where an intention to return is not notified by you within 24 hours from the receipt of the Product, subject to the process outlined in relation to Counterfeits. Such notification must include photographs of the Product as was received, and a clear and exhaustive description of the reasons for the return.
2. No returns will be accepted of any Products which have been sold at any discounted rates.
3. Once a return request is raised, the Product(s) will be picked up by the third-party delivery service provider and delivered back to the Company. Upon receipt of the Products, all returns are subject to the verification of the Company that the Product is in the same condition as it was when it left the possession of the Company.
4. The Company reserves the right to either accept and/or reject any return request upon receipt of and subsequent its internal verification of the Product. A return shall only be accepted if:

it is determined that the Product was not damaged while in your possession;
the Product is not different from what was shipped to you;
the product is returned in original condition (with the shipping box and any packaging accessories provided such as the original brand/manufacturer’s box, tags intact, user manual, warranty card and accessories);
where required by the Company, appropriate pictures of the actual condition of the Product(s) as delivered to you are uploaded / shared with the Company for the return verification process.

Where a return request is accepted by the Company, the Company will confirm its acceptance thereof, and will initiate a refund (which may be full or partial) of the payments made by you either (i) as Ziniosa credits, or (ii) electronically to your original payment source or in cases of COD to a bank account provided by you. Such refund will be subject to a return cost , as the shipping and verification costs of the Company, and such other costs as may be determined by the Company. The final refund amount will be initiated within 15 business days from acceptance of the return from the Company’s end.
Where a return request is rejected by the Company, the Company will confirm its rejection thereof, and will return the Product(s) back to you.
Shipping / Delivery of Products

The Company agrees to ship the Products to you within 7-10 business days of the issuance of the Shipping Confirmation. Such timelines are subject to change in view of any unforeseen circumstances. The delivery timeline for pre-order Products shall be separately determined and is not subject to the above timeline.
You are required to provide necessary delivery details (including without limitation exact address of delivery, contact number, pin code, etc.). As part of your Shipping Confirmation, you shall receive an appropriate tracking link of the dispatched Product(s).
All delivery / shipping of the Products by the Company to you (and including any returns by you of the Products back to the Company) are undertaken by a third-party delivery service provider and the Company is in no way responsible for any damage, loss, destruction caused to the Products while it was in the possession of the delivery service provider.
With respect to Cash-On-Delivery / COD for Products, the payment will be collected from you by the respective delivery service provider.
Any and all associated delivery costs for the return of the Product(s) back to the Company at any time after the receipt of the Product(s) in accordance with the Returns Clause, will be borne by the Company.
Counterfeits

In the event a Product delivered to you is found to be a fake / counterfeit / replica of an original product of the respective brand / manufacturer, the Company will initiate a full refund of the Product(s) so identified, at no cost, provided: the refund request is made within 30 days from the date of delivery.
Pricing, payment and availability

Payment method will open and shall made for each Product upon receipt of the Order Confirmation
We list pricing and availability information for Products sold by us on the Website / App, including on each Product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about the pricing and availability. The Company does not guarantee the availability of any Product and as we process your Order, you will be informed by e-mail if any products you order turn out to be unavailable.
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise.
Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.

Communications

When you visit the Website / App, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your Order.

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions.

Governing Law and Jurisdiction

These Conditions are governed by and construed in accordance with the laws of India, and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka

PART B

Conditions Relating to the Sale of Products by You to the Company

This section deals with conditions relating to the sale of Products by you, i.e. the Seller, through the Company’s Website, App, physical pop-up stores / kiosks, and/or any other such platforms as may be added / amended by the Company from time to time, on such terms and conditions set out herein (“Conditions”).

Our Contract

This is a legally binding contract between you, i.e., the seller of the Products (“Seller”), and the Company, whereby the Company allows the Sellers to sell its Products through its Website / App / Whatsapp / Instagram, provided the Seller is at all times in compliance with these Conditions.
When you offer to us on Whatsapp to sell your product, this is an offer by the Seller to the Company to sell its Product(s) on our Website / App (“Sale Offer”). Upon receipt of the Sale Offer, you will receive a communication from the Company (either on Whatsapp, Company email, or such other platform as may be added) setting out a request for various product details, including but not limited to product measurements, defects, purchase history, condition, etc. (the “Information Request“). The Information Request is an acknowledgement that we have received your Sale Offer, and does not confirm acceptance of your offer to sell the Product(s) identified.
Upon our receipt of the information and data requested in the Information Request, you will receive a communication from the Company confirming the said receipt and seeking further time (typically 24-28 hours, however this may be extended on a case-to-case basis) to do its internal market assessment and authentication process to determine the selling price estimate of the Product(s).
You will receive a communication from the Company confirming the selling price estimates determined for the Product(s), which figures may either be a single figure or a range estimate, and will depend on a case-to-case basis (“Selling Price Estimate”). The Selling Price Estimate refers to the estimated amount the Seller will receive in hand, and this may be amended and modified at any time (including reduction of the Selling Price Estimate at any time after uploading of the Product(s)), following consultation with and prior consent of the Seller, and following physical receipt of and assessment of the Product(s) by the Company.
Such other costs and expenses may be required to be incurred for cleaning and/or repair services in relation to the Product(s), which will be upfront and at the Seller’s cost (“Upfront Fees”). If the Seller does not approve of the Selling Price Estimate and/or of any of the Upfront Fees, the Company is entitled to reject the Sale Offer, and the Seller shall be required to pay the requisite shipping charges in order to receive the Product(s) back in its possession.
Upon approval of the Selling Price Estimate(s) by the Seller, the Product(s) are delivered to the Company (“Delivery”). Upon receipt of the Product(s) by the Company, in its possession, the Company will undertake a final authentication process to determine the accuracy of the Product(s) to the descriptions provided by the Seller. Only if the Product passes our authentication process, will it be listed on the Website / App for sale to third-party buyers / end users, for period of 90 days from the date of upload of the product (“Sale Period”).
We only accept your offer, and conclude the contract for sale of a Product offered by you, when the Product is sold to a third-party buyer and the payment in respect of the said Product is received by the Company in accordance with the Payment Clause (“Final Sale”). If multiple Product(s) of the Seller are sold on the Website / App, then each corresponding sale will conclude a separate contract of sale between the Seller and us for the Product(s) sold.
The Company reserves the right to reject the Sale Offer and the Product(s) at any time prior to the Final Sale, at its sole discretion.
These Conditions will also apply as applicable to Product(s) which may be purchased upfront by the Company itself.

Your contract is with us (the Company) and you confirm and certify that you the Seller are the legal and valid owner of the Product(s) and the same have legally purchased by you.
Only persons who can form a legally binding contract under the Indian Contract Act, 1872, can enter into a contract with the Company. If you are a minor i.e. under the age of 18 years, you may not use Website, and/or App for selling Product(s), unless it is with the involvement of a lawful parent or guardian.
Products
The Company only accepts an offer to sell and list on its Website / App, such preloved / pre-owned / used products relating to luxury branded apparel and accessories including but not limited to bags, shoes, belts, and such other related products (which may be added to and amended by the Company from time to time) (“Products”). The Company disclaims any direct or indirect relationship with, and in no manner represents itself as an agent, authorized retailer, distributor, etc., of, the trademarked brand owner / manufacturer (and/or its stores, authorized retailers, etc.) of the products listed on the Company Website / App.

The Seller agrees and is bound to disclose and provide to the Company all necessary pictures, descriptions, and information regarding the accurate condition, size, material, and notify any and all defects, issues in respect of the Products, as may be requested by the Company or otherwise.
The Seller agrees that all Products intended to be sold by it are subject to an authentication check and internal market analysis performed by the Company to the best of its ability, and such Upfront Fees as may be specified by the Company.
The Seller hereby agrees and acknowledges that the descriptions and/or authentication of the Products as provided by the Company, once the Product is received by the Company in its possession, shall be final and binding. The Seller shall be required to pay such fees for further repair / cleaning of the Product(s) as may be determined and notified by the Company before listing on the Website / App.
Following the authentication check by the Company and completion of all cleaning/repair services as may be required, if the Products are acceptable, the Products are uploaded / listed by the Company on its Website / App. The timeline in which Product(s) shall be finally uploaded / listed by the Company on the Website / App may vary, and can be anywhere between 10 to 30 business days, which may be subject to further delays, and is at the sole discretion of the Company.
If a Product(s) does not pass our authentication check, then a fee of Rs. 5000 will be payable by the Seller to the Company for its authentication and related services. The Company reserves the right to return the Product(s) to the Seller only after such fee is paid by the Seller to the Company.
The Company shall not entertain and shall have no responsibility towards any disputes, issues and/or claims raised by any third party in respect of the description and/or authentication of the Products, except for as provided in relation to Counterfeits.
The Company is in no way responsible for, nor guarantees, the 100% accuracy of the authentication check, and/or complete repair / cleansing of the Products. The Company reserves the right to modify, delete, update, add to the descriptions of its Products at any time and as per its sole discretion.
Warranty

The Seller represents and warrants that (a) you have good and marketable title to each item of the Product(s) and have the right to sell the Product(s); (b) none of the Product(s) is subject to any liens or other encumbrances; (c) the Product(s) does not include stolen or counterfeit goods or goods that are illegal to sell; and (d) the Product(s) does not infringe upon, misappropriate, or violate any trademark, copyright, or other intellectual property or other proprietary right of any third party, or any statutory laws or regulations.
The Seller represents and warrants that the Product(s) is in good working condition and free from any known defects (expect for as otherwise notified to the Company). The Seller will be responsible for any claims and/or disputes which arise from the sale of the Product(s).
The Seller shall be solely responsible for any gross misrepresentation and/or fraudulent conduct in respect of the Product(s) made by it to the Company, and the Company is entitled recover all such costs and losses incurred by it as a result thereof.
Shipping / Delivery

The Seller agrees to deliver the Products to the Company for the purpose of authentication, repair, cleaning, and/or warehousing of the Product(s) for the duration of the Sale Period. The Company agrees to receive the Product and to hold it in its possession in a secure and safe manner, and with all reasonable care and diligence.
All delivery / shipping of the Products from the Seller to the Company and from the Company back to the Seller are undertaken by a third-party delivery service provider and the Company is in no way responsible for any damage, loss, destruction caused to the Products while it was in the possession of the delivery service provider.
Any and all associated delivery costs for the return of the Product(s) back to the Seller, at any time after the receipt of the Product(s) in the Company’s possession, will be borne by the Seller.
Cancellation & Return of Orders

Sale Offers may be cancelled at any time prior to the Delivery of the Product(s) to the Company, at no cost.
The Sale Period of 90-days is calculated from the date of uploading / listing of the Product on the Website / App.
If the Seller cancels a Sale Offer after the Product has been received by the Company in its possession and before expiry of the Sale Period, then the Product(s) shall be returned to the Seller only after the Seller has paid to the Company a fee equivalent to the sale price of the product and all such outstanding dues, which may include Upfront Fees, Authentication Fees, shipping / delivery fees.
Returns of Products delivered to and received by are governed in the following manner:

If a Product(s) is still not sold on the Website / App upon expiry of the Sale Period, then the Seller will have the option to either (i) re-list the Product(s) at a mutually agreed reduced Seller Price Estimate for a renewed Sale Period, or (ii) request return of the Product(s) to the Seller, which will be to the cost of the Seller at a particular return fee, which shall be notified by the Company (“Return Fee”)
The cost of return of the Products shall be determined by the volumetric weight of the Product(s) as per the third-party delivery service providers.
If the Seller refuses to take return of the Products, or fails to pay to the Company the Return Fee within 7 days of receipt of the notification by the Company, then such Product(s) will be disposed off by the Company. The Seller agrees and accepts that no claims will or can be raised by it against the Company due to such disposal of Product(s) as a result of the Seller’s own failure to comply with the above.
Counterfeits

While the Company undertakes to the best of its ability to authenticate the Products as originals of the brand / manufacturer it is identified as through independent authentication services, the Company does not warrant no guarantee 100% accuracy in respect thereof.
If a Seller’s Product is found to be a fake / counterfeit / replica of an original product of the respective brand / manufacturer, even after the authentication check of the Company, then the Seller shall be responsible for all such costs and/or losses arising therefrom and incurred by the Company.
Pricing, Pay out and Commission

Final listing prices on the Website / App of the Products are determined by many factors, including the estimated retail price, brand, seasonality, and quality of each item.
The Company does not guarantee the Seller Price Estimate provided by it as a payout to the Seller, and the same may be subject to change based on discounts, final selling price, market fluctuations, etc.
All listing prices on the Website / App are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise.
The Company shall charge and the Seller agrees to pay to the Company a commission charge, calculated at a variable percentage of the final selling price of the Product at the time of Final Sale. Such variable percentage will be determined by the Company based on the Product(s) and may be revised from time to time. The balance amount of the final selling price following deduction of the Company’s commission charges, any outstanding Upfront Fees / delivery fees owed by the Seller, shall be paid out to the Seller within a period of 10 days from the date of Final Sale.
All payouts will be made electronically to the Seller by way of recognized third-party payment gateways, in a timely manner, generally within 10 to 15 business days, but may be subject to further delays. No exact out payout timelines are guaranteed by the Company.
With respect to Product(s) directly purchased by the Company itself, such Products will be equally subject to the necessary authentication process, and payout will be made to you only upon complete verification of Product(s). Such payout will be equally governed by Clause 8.5 above.
Taxes

The Seller shall be responsible for payment of all fees/taxes/statutory duties associated with the sale of the products by the Seller and you agree to bear any and all applicable taxes.

Communications

When you visit the Website / App / Whatsapp / Instagram, you are communicating with us electronically. You will be required to provide a valid phone number, email address, pick-up and delivery address with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your Order.

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions at any time. You will be subject to the policies and Conditions in force at the time your Product(s) are listed on the Website / App, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

Waiver

If you breach these Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions.

Governing Law and Jurisdiction

These Conditions are governed by and construed in accordance with the laws of India, and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.