Your rights and obligations as an IndiaSilkArt seller

IndiaSilkArt is a marketplace where you can sell your handmade goods, vintage items and craft supplies directly to buyers around the world. We want to make sure that you and your buyers have a positive experience on IndiaSilkArt. Please read on to find out more about your rights, as well as what is expected of you, as a seller.

This policy is a part of our Terms of Use. By opening an IndiaSilkArt shop, you’re agreeing to this policy and our Terms of Use.

  • What Can be Sold on IndiaSilkArt
  • What Cannot be Sold on IndiaSilkArt
  • Representing Yourself, Your Shop, and Your Listings Honestly
  • Communicating with Other IndiaSilkArt Members
  • Building a Positive Reputation Through our Reviews System
  • Providing Great Customer Service
  • Responding to Requests for Cancellations, Returns, and Exchanges

What Can be Sold on IndiaSilkArt

IndiaSilkArt is a unique marketplace. Buyers come to IndiaSilkArt to purchase items that they might not find anywhere else.

Handmade items are items that are made by you, the seller, or are designed by you and made with the help of an approved outside manufacturer who complies with our ethical manufacturing policies. Read our full Handmade Policy here.

If you sell in the Handmade category, you must be able to demonstrate that your items comply with our Handmade Policy. You agree that:

  1. All handmade items are made or designed by you. If you work with an outside manufacturer to make items that you have designed, you must apply for outside manufacturing and choose ethical manufacturing partners.
  2. You accurately describe every person involved in the making of an item in your shop in your About page.
  3. You are using your own photographs-- not stock photos, artistic renderings, or photos used by other sellers or sites. Read more about using appropriate photographs in this Help article.

If you are selling Custom Items in the Handmade category, you agree that:

  1. All custom item listings are available for purchase.
  2. Each custom listing has a set price.
  3. If you are using photographs of previous work with options for customisation (like colour choices) included in the listing, it is clear in your description that the photos shown are just examples.

For more information on how to list Custom items, please see this Help article.

Vintage items must be at least 20 years old.

Craft Supplies are tools, ingredients, or materials intended for use in the creation of a new handmade item. Commercially made materials that are ready to use as finished goods may not be sold as craft supplies on IndiaSilkArt.

 

What Can't be Sold on IndiaSilkArt

Even if they otherwise meet our handmade, vintage, or craft supply criteria, prohibited items, services, and items that violate our intellectual property policies are not allowed to be sold on IndiaSilkArt.

Reselling is not allowed on IndiaSilkArt. Reselling refers to selling an item in the Handmade category when you were not involved in the creation process. In short, you may not resell items that you were not involved in designing or making.

If you are raising money on behalf of a charity, you must obtain that charity’s consent. Please see this Help article for more information about donating any portion of your sales to charity.

 

Representing Yourself, Your Shop, and Your Listings Honestly

One of IndiaSilkArt’s core values is transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.

By selling on IndiaSilkArt, you agree that you will:

  1. Provide honest, accurate information in your About page, should you choose to complete it.
  2. Honour your Shop Policies, should you choose to publish them.
  3. Accurately represent your items in listings and listing photos.
  4. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to IndiaSilkArt.
  5. Not engage in fee avoidance.
  6. Not create duplicate shops. Please see our Multiple Shops Policy for more details.

Communicating with Other IndiaSilkArt Members

Conversations

You can use IndiaSilkArt Conversations (“Convos”) to communicate directly with your buyers or other IndiaSilkArt members. Conversations are a great way for buyers to ask you questions about an item or an order.

Conversations may not be used for the following activities:

  1. Sending unsolicited advertising or promotions, requests for donations, or spam;
  2. Harassing or abusing another member;
  3. Contacting someone after they have explicitly asked you not to; or
  4. Interfering with a transaction or the business of another member.

Interference
Interference occurs when a member intentionally interferes with another member’s shop in order to drive away their business. Interference is strictly prohibited on IndiaSilkArt. Examples of interference include:

  1. Contacting another member via IndiaSilkArt Conversations to warn them away from a particular member, shop, or item
  2. Posting in public areas to demonstrate or discuss a dispute with another member
  3. Purchasing from a seller for the sole purpose of leaving a negative review.

Harassment
Any use of IndiaSilkArt Conversations to harass other members is strictly prohibited. Similarly, Conversations may not be used to support or glorify hatred towards, or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation. If you receive a Convo that violates this policy, please let us know right away.

Emails

You may receive a buyer’s email address or other information as a result of entering into a transaction with that buyer. This information may only be used for IndiaSilkArt-related communications or for IndiaSilkArt-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorised transactions. Without the buyer’s explicit consent, you may not add any IndiaSilkArt member to your email or physical mailing list or store or misuse any payment information. For more information, please see our Privacy Policy.


Building a Positive Reputation Through our Reviews System

Reviews are a great way for you to build a reputation on IndiaSilkArt. Buyers can leave a review, including a one to five star rating and a photograph of their purchase, within 60 days after their item’s expected delivery date. The estimated delivery date is the purchase date + processing time + shipping time. Buyers can edit their review, including the photograph, any number of times during that 60 day period.

On the rare occasion you receive an unfavourable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.

Reviews and your response to reviews may not:

  1. Contain private information;
  2. Contain obscene, racist, or harassing language or imagery;
  3. Contain medical drug claims;
  4. Contain advertising or spam;
  5. Be about things outside the seller’s control, such as a shipping carrier, IndiaSilkArt or a third party; or
  6. Undermine the integrity of the Reviews system.

Extortion

Extortion is not allowed on IndiaSilkArt. Any attempt to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on IndiaSilkArt. Extortion includes when a seller offers a buyer additional goods, services, or compensation in exchange for a positive review. For more information, please see this Help article.

Shilling

Shilling is strictly prohibited on IndiaSilkArt. Shilling is the fraudulent inflation of a shop’s reputation by use of an alternate account. The intent of shilling is to make a seller look more desirable by increasing the shop’s number of sales and overall review score. Not only does it violate our core value of transparency, but it is considered to be a deceptive business practice by the US Federal Trade Commission. Reviews must reflect the honest, unbiased opinions, findings, beliefs, or experience of the buyer. For more information on shilling, including examples, please see this Help article.

 

Providing Great Customer Service

We expect our sellers to provide a high level of customer service. By selling on IndiaSilkArt, you agree to:

  1. Honour your shipping and processing times. Sellers are obligated to ship an item or otherwise complete a transaction with a buyer in a prompt manner, unless there is an exceptional circumstance. Please be aware that legal requirements for shipping times vary by country. These requirements are detailed in our Shipping Policy.
  2. Respond to Conversations in a timely manner.
  3. Honour the commitments you make in your shop policies.
  4. Resolve disagreements or disputes directly with the buyer. In the unlikely event that you can’t reach a resolution, our Trust and Safety team can help through our case system. Read about your rights and responsibilities regarding cases here.
  5. If you are unable to complete an order, you must notify the buyer and cancel the order. Read about how to cancel an order in this Help article.

IndiaSilkArt will help you provide great customer service and maintain trust with your buyers through our Seller Service Level Standards (“SLS.”) Read more about SLS here.

IndiaSilkArt also provides limited protection to sellers who meet the requirements of our Seller Protection Program. Read more about IndiaSilkArt’s Seller Protection Program here.

Responding to Requests for Cancellations, Returns, and Exchanges

Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarise yourself with the laws of your own country and those of your buyers’ countries.

Cancellations

If you are unable to complete a transaction, you must notify the buyer IndiaSilkArt and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.

You may cancel a transaction under the following circumstances:

  1. The buyer did not pay. (The seller may flag a buyer for a payment not received, chargeback, or cancelled payment.)
  2. Both you and the buyer agree to cancel the transaction prior to shipment, and you have issued the buyer a full refund.
  3. You have decided to refuse service to the buyer, and if the buyer has already paid, you have issued a full refund, including shipping.
  4. The buyer did not receive the item(s) ordered, even though you provided proof of shipping, and you have issued a refund for the item. (Refunding shipping is optional, unless the buyer paid with Direct Payments, in which case you'll need to refund in full.)
  5. Both you and the buyer agreed that the buyer could return the item for a refund, you have received the returned item and issued a refund to the buyer for the item. (Refunding shipping is optional, unless the buyer paid with Direct Payments, in which case you will need to refund in full.)

IndiaSilkArt’s Case System

We ask buyers to contact a seller directly and attempt to resolve any outstanding issues before opening a case on IndiaSilkArt. For this reason, it is important that you fill out your shop policies and regularly respond to Conversations from your buyers.

Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within seven days.

A Non-Delivery occurs when a buyer places an order and submits payment, but does not receive the item. The following are examples of Non-Delivery cases:

  1. An item was never sent.
  2. An item was sent to an address that is not on the IndiaSilkArt receipt.
  3. There is no proof that the item was shipped to the buyer’s address.

An item is Not-as-Described if it is materially different from the your listing description or your photos. The following are examples of Not-as-Described cases:

  1. The item received is a different colour, model, version, or size than is shown in the photo or described in the listing.
  2. The item has a different design or material.
  3. The item was advertised as authentic but is not authentic.
  4. You failed to disclose the fact that an item is damaged or is missing parts.
  5. A buyer purchased three items but only received two.
  6. The condition of the item is misrepresented. For example, the description at the time of purchase said the item was “new” and the item is used.

Not-as-Described cases can also be filed for late delivery. In order to qualify as late delivery, the buyer must provide proof that all of these conditions have been met:

  1. The item(s) were ordered for a specific date or event.
  2. A deadline was agreed upon by the buyer and seller.
  3. The item(s) are rendered useless after that date.

For more information on how to resolve a case, please see this Help article.

 

1. Community Policy

Community is at the heart of all we do at IndiaSilkArt. IndiaSilkArt members use community features to inspire each other, share knowledge, discuss ideas, and build personal and professional relationships. Community spaces include the Forums, Teams, Seller Handbook, and Treasuries.

This policy is a part of our Terms of Use. By using any of IndiaSilkArt’s community features, you’re agreeing to this policy and our Terms of Use.

Members who use any of the community features must be over 18 years old. In addition, to make sure that IndiaSilkArt continues to be a place that’s safe and respectful, the following policies apply to all community spaces:

  1. Respect other members’ privacy. Private or personally identifying information should not be shared in public areas of the site.
  2. Community tools or features may not be used to interfere with another member’s business.
  3. Be respectful towards other members. Community spaces may not be used to publicly disparage a specific member, shop, or item.
  4. Community spaces may not be used to harass other members. Similarly, content posted in community spaces may not promote, support, or glorify hatred.
  5. You may not publish or post threats of violence against others or promote or encourage others to engage in violence or illegal activity.

Forums

The Forums are divided into different sections, including Questions, Discussions, Bugs, Chitchat, and Promos. Please see this Help article to learn more about how to post in the Forums, including what type of content to post in each section.

Please keep in mind that the Forums are a public space, and that your posts are permanent (unless they are deleted by IndiaSilkArt for violation of our policies). Your posts may not disparage or violate the privacy rights of another member. Every member is responsible for what they post in the Forums. Forums moderators work to make the Forums a welcoming place for all, and may take certain actions to keep the Forums organised and helpful for everyone.

Teams

Teams is a community feature on IndiaSilkArt where you can connect with other members. Members use teams to share information about running a local business, get advice from experienced sellers, or gather to socialise. Buyers can browse Teams by theme or location to find items and shops that might interest them.

Teams are self-governing and self-moderating. Every team has one captain, and the captain may appoint one or more leader(s) to help run the team. A team may also have a charter detailing membership requirements and expectations for the team. Team leadership is responsible for enforcing the team's charter.

By using IndiaSilkArt’s Teams feature, you acknowledge that:

  1. IndiaSilkArt is not responsible for or involved in a team’s membership policies, dues, finances, or any other actions.
  2. Team forums may not be used to demonstrate or discuss disputes with other members or with IndiaSilkArt.
  3. A team may not use mature, profane, or racist language or images in the team's name, banner, or logo.
  4. A team may not be used for the sole purpose of redirecting traffic to another web location. IndiaSilkArt reserves the right to refuse links on any profile page or team page for any reason. Unsolicited promotion or advertisement from representatives or affiliates of outside services, websites, or other products is not allowed.
  5. Any use of the term "IndiaSilkArt," other IndiaSilkArt Trademarks or similar marks must comply with IndiaSilkArt’s Trademark Policy.
  6. Team moderation is the responsibility of the Team Captain. Team forums are subject to this Community Policy.
  7. IndiaSilkArt staff will not monitor third-party forums or other independent team sites.
  8. IndiaSilkArt will not mediate disputes between teams and outside parties, nor disputes between teams or team members.
  9. If a team chooses to use a dedicated item listing tag (also called a “team tag”), it must contain the word "team." IndiaSilkArt will not mediate disputes regarding use of team tags on item listings.

Read more about Teams in this Help article. IndiaSilkArt reserves the right to remove a team at any time for any reason.

3.Treasuries

Treasuries are member-curated lists of items for sale on IndiaSilkArt. Treasuries may not be used for self-promotion or to discuss or disparage an individual member or shop. As a curator, you may delete comments at your discretion. IndiaSilkArt reserves the right to remove Treasury lists at any time. Read more about how to create a Treasury in this Help article.

 


2. Fees & Payments Policy

Sellers may be charged for using some of IndiaSilkArt’s services. This Fees & Payments Policy explains your fees, bills, and taxes and how to pay them.

This policy is a part of our Terms of Use. By opening an IndiaSilkArt shop, you’re agreeing to this policy and our Terms of Use.

Types of Fees
Fee Avoidance
Paying Your IndiaSilkArt Bill
Direct Payments
Taxes
Gift Cards

1. Types of Fees

Sellers may be required to pay the following types of fees:

Listing Fees

You will be charged a listing fee of $0.20 USD for each item that you list for sale on IndiaSilkArt’s website or mobile apps. You will only be charged a listing fee for creating or renewing a listing; there is no fee for editing a listing. You will be charged a listing fee whether or not the listed items sells, unless you create a private listing, in which case you will only be charged the listing fee when the private listing is sold. Listings expire after four months. If you list multiple quantities of the same item, the initial listing fee will be $0.20, and the listing will be automatically renewed at $0.20 after each of the items sells. You can read more about fees for multiple listings in this Help article. Listing fees will appear on your IndiaSilkArt bill.

Transaction Fees

When you make a sale through IndiaSilkArt, you will be charged a transaction fee of 3.5% of the item price. This percentage does not apply to the shipping cost or tax. Transaction fees will appear on your IndiaSilkArt bill.

Payment Processing Fees

Online Sales. Eligible IndiaSilkArt Shops may use IndiaSilkArt’s Direct Payments service to accept certain payments through IndiaSilkArt (learn more about Direct Payments below). IndiaSilkArt charges a payment processing fee for processing each transaction through Direct Payments. Payment processing fees vary based on the location of your bank account. See the Direct Checkout Policy to find payment processing fees by country. This fee is assessed on the total amount of the sale, including tax and shipping. Unlike other fees, the payment processing fee is deducted from the transaction amount as the funds become available for deposit. Payment processing fees will be reflected in your Shop Payment Account, rather than on your IndiaSilkArt bill.

In-Person Sales (US sellers only). For information on payment processing fees for in-person sales made through the Sell on IndiaSilkArt mobile app and the Sell on IndiaSilkArt Reader, please see the Sell on IndiaSilkArt App & Reader Policy.

Advertising Fees

If you purchase an ad (which we call a Promoted Listing) through IndiaSilkArt, you will be charged separate advertising fees. Advertising fees vary by opportunity and will be clearly outlined before you commit to purchasing an ad. You will be able to determine a daily advertising budget, and IndiaSilkArt will not charge you more than your daily budget. Please see the Advertising Policy for more details. Advertising fees will appear on your IndiaSilkArt bill.

Shipping Fees

IndiaSilkArt offers sellers based in the United States and Canada the ability to purchase shipping labels to fulfil their orders through USPS and Canada Post, respectively. The cost of the shipping label will depend on the origin and destination and weight and size of the package. If you add signature confirmation or insurance, those fees will be added to the total cost of the label at the point of purchase. Sellers who purchase shipping labels may also purchase parcel insurance through licensed insurance carriers. You must accept Direct Payments or PayPal as payment methods to purchase shipping labels through IndiaSilkArt. Shipping fees will appear on your IndiaSilkArt bill.

For more information, see the Shipping Policy.

Wholesale Fees

Sellers who participate on IndiaSilkArt’s Wholesale platform are subject to a non-refundable $100 joining fee, which is added to your IndiaSilkArt bill upon your acceptance to IndiaSilkArt Wholesale. All sales made on IndiaSilkArt Wholesale incur the standard transaction fee of 3.5% of the wholesale price (excluding taxes and shipping costs). For more information, please see the Wholesale Seller Policy. Wholesale fees will appear on your IndiaSilkArt bill.

Digital VAT (Value-Added Tax) Fees

Under European Union law, when you sell a digital item that is downloaded automatically to a buyer living in the EU, VAT (a value-added tax) must be collected based upon the rate that is charged in the country where the buyer is located. To make this convenient for you, IndiaSilkArt will automatically increase the amount charged to the buyer of the digital item to collect the correct amount of VAT, and IndiaSilkArt will remit the VAT to the tax authorities. The amount will depend on the buyer’s country of residence.

If the sale was made through Direct Payments, IndiaSilkArt will collect the VAT amount from the buyer and pay the VAT to the relevant tax authority and you will not have to take any further action.

If the sale was not made through Direct Payments, you will receive the additional amount paid by the buyer for VAT and you will need to pay that amount to IndiaSilkArt, so that we can pay the relevant tax authorities. The VAT amounts will appear on your IndiaSilkArt bill each month.

Important legal note: solely for VAT purposes, when you sell a digital item to an EU buyer, you are legally supplying the item to IndiaSilkArt and IndiaSilkArt will supply the digital item to the buyer.

You can learn more about VAT for digital items in this Help article.

Currency Conversion

All fees that appear on your IndiaSilkArt bill are in US Dollars. If you list items in a currency other than US Dollars, your item price will be converted to US Dollars solely for purposes of calculating the transaction fee.

To avoid incurring foreign exchange charges, IndiaSilkArt recommends you list your items in the same currency as your bank account. Buyers will see the items in the currency of their choosing. If you decide to list in a currency other than that of your bank account, you will be charged 2.5% over the current market rate to send funds to your bank account. Learn more about currency conversion [here] (https://www.IndiaSilkArt.com/help/article/4410). Currency conversion is handled automatically by our payment processing service and further described in our Direct Checkout Policy.

2. Fee Avoidance

Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by IndiaSilkArt. This includes, for example, encouraging buyers to purchase an item in your IndiaSilkArt Shop through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees. Sellers may not alter the item's price after a sale for the purpose of avoiding IndiaSilkArt transaction fees, misrepresent the item’s location, or use another user's account without permission.

You can find other examples of fee avoidance in this Help article.

3. Paying your IndiaSilkArt Bill

IndiaSilkArt will send you a bill at the beginning of each month. The IndiaSilkArt bill will detail the amount due for the prior month’s fees and services. You are responsible for paying your IndiaSilkArt bill in full within 15 days of the date of the invoice, or the account will be considered past due. You can learn more about paying your IndiaSilkArt bill in this Help article.

Sellers may pay their IndiaSilkArt bill manually by credit card, debit card, PayPal or by using their Shop Payment Account balance. US sellers may also enrol in AutoBilling, IndiaSilkArt’s automatic bill payment option.

4. Direct Checkout

IndiaSilkArt’s Direct Payments service enables sellers to accept various forms of payment in their local currencies while using IndiaSilkArt’s services. Sellers registered for Direct Payments can accept payment by credit card, debit card, IndiaSilkArt gift card, some bank transfer services, Apple Pay and Google Wallet. Only Direct Payments users in the US can use the Sell on IndiaSilkArt Reader to accept in-person payments.

You can register for Direct Payments by clicking here. Sellers using Direct Payments are also subject to the Direct Checkout Policy.

5. Taxes

You are responsible for collecting and paying any taxes associated with using and making sales through IndiaSilkArt’s services.

US sellers can learn about collecting sales tax in this Help article.IndiaSilkArt will issue 1099-K forms to certain sellers in the United States to comply with IRS requirements. You can learn more in this Help article.

To learn more about VAT in the European Union, please see this Help article. For digital items sold to buyers in the EU, IndiaSilkArt will help you collect and remit VAT as described above.

6. Gift Cards

If you are registered to use Direct Payments, you may accept payment by IndiaSilkArt Gift Cards. IndiaSilkArt Gift Cards are subject to the IndiaSilkArt Gift Card Policy. IndiaSilkArt also charges the Direct Checkout payment processing fee described above on IndiaSilkArt Gift Card transactions.

 

3. Intellectual Property Policy

As a venue for artists, designers, and makers, IndiaSilkArt takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative marketplace. This Intellectual Property Policy explains how we address allegations of infringement, how authorised parties can submit proper notices of infringement regarding content on our marketplace, and how IndiaSilkArt sellers can respond when their listings or shops are affected by a notice.

This policy is a part of our Terms of Use.

Read IndiaSilkArt’s Intellectual Property Policy

Reporting

If you would like to submit a notification of alleged infringement, counter a notice of copyright infringement submitted against you, or withdraw a notification of infringement that you submitted, please refer to the following information.

Report infringement on IndiaSilkArt
Use this form to provide a notice of claimed infringement to IndiaSilkArt.

Submit a DMCA counter notice
Use this information to counter a copyright infringement notice submitted against you.

Withdraw a notification of infringement you’ve submitted
Use this information to withdraw an infringement notice you’ve submitted to IndiaSilkArt.

Learning

If material was removed from your shop due to a notification of infringement or if you would like to learn more about intellectual property issues in general, please refer to the following information.

Support for intellectual property issues
Frequently asked questions about having material removed due to a notice of infringement.

Copyrighting and protecting your work
General information about intellectual property rights.

Seller Handbook articles on legal topics
Demystifying intellectual property law and other legal issues.

Q&A with IndiaSilkArt’s Legal Support Admin
Our Legal Support Team addresses common questions about IndiaSilkArt’s Intellectual Property Policy.

Policy

IndiaSilkArt adopted this intellectual property policy in accordance with industry best practices, general U.S. intellectual property laws, and the Digital Millennium Copyright Act.

Notices of Intellectual Property Infringement

IndiaSilkArt strives to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When IndiaSilkArt removes or disables access in response to a notice, IndiaSilkArt makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. IndiaSilkArt may also provide a copy of the notice to the allegedly infringing party.

Counter Notification

If IndiaSilkArt receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs IndiaSilkArt of this action. IndiaSilkArt sends a copy of the counter notice to the original complaining party.

Repeat Infringement

IndiaSilkArt terminates account privileges of members that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at IndiaSilkArt’s discretion.

Please use this form to provide notice of claimed infringement to IndiaSilkArt’s designated agent. If you are not able to use the reporting form, please see these requirements.

 

4. Prohibited Items Policy

IndiaSilkArt is not a curated marketplace. However, for a variety of reasons, we prohibit certain types of items from the IndiaSilkArt marketplace. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of IndiaSilkArt. This policy explains what is prohibited or restricted on IndiaSilkArt.

This policy is a part of our Terms of Use. By opening an IndiaSilkArt shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on IndiaSilkArt:

  1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims
    2. Animals and Certain Animal Products
    3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
    4. Hate Items: Items that Promote, Support, or Glorify Hatred
    5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
    6. Internationally Regulated Items
    7. Pornography and Mature Content
    8. Violent Items: Items that Promote, Support, or Glorify Violence

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

Art and history can be provocative, emotional, and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, “art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.”

In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on IndiaSilkArt.

1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drug Claims

Alcohol and drugs are prohibited on IndiaSilkArt. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or claim to have an intoxicating or healing effect. Possible legal restrictions aside, these substances simply are not in the spirit of IndiaSilkArt and we therefore do not allow them.

More Details:

The following are examples of items that may not be sold on IndiaSilkArt:

  1. Alcohol and Tobacco products
  2. E-cigarettes and E-liquid, including all forms of vaporisers and smokeables and their components (such as atomisers, drip tips, and e-cigarette batteries).
  3. Drugs and certain intoxicating herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality
  4. Drug paraphernalia, including for example, items with a carburettor; slides and/or items with a slide; bongs and bubblers; and vaporisers (including electronic cigarettes)
  5. Medical drugs or listings that contain medical drug claims. Medical Drug claims are statements that claim a causal relationship between a substance and the prevention, healing, or treatment of a physical condition or disease. A listing must not make such claims in the presentation of an item, including the title, description, tags, or images in the listing.

2. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons

For safety reasons and due to complex legal regulations surrounding certain items, we ask that our members not sell items that could be considered dangerous.

More details:

Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal regulations surrounding such materials, including shipping restrictions, hazardous materials are prohibited on IndiaSilkArt.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

  • Explosives (fireworks or sparklers)
  • Flammable items (including liquids or loose matches)
  • Gases
  • Radioactive material
  • Toxic substances (such as poisons)

Recalled Items or Items that Present Unreasonable Risk of Harm

Items that have been recalled by governments or manufacturers are prohibited from being sold on IndiaSilkArt. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts, and drop side cribs.

Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items.

3. Hate Items: Items that Promote, Support, or Glorify Hatred

We want IndiaSilkArt to be a community where people of all backgrounds, nationalities, religions, political affiliations, and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others. Vintage items can have educational and historical value, but they can also trigger painful memories of tragic events throughout history.

More Details:

IndiaSilkArt does not allow items or listings that promote, support or glorify hatred toward people or otherwise demean people based upon: race, ethnicity, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”) or items or content that promote organisations or people with such views.

The following items are not allowed on IndiaSilkArt:

  1. Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate an anti-gay, anti-immigrant, or Holocaust denial agenda.
  2. Items that contain racial slurs or derogatory terms in reference to protected groups.

Examples of What is Allowed:

We tend to allow items that have educational, historical, or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations. Recognising that there may be no consensus on their educational, historical, or artistic value, the following items are generally allowed on IndiaSilkArt:

4. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items

We respect the law and expect IndiaSilkArt sellers to respect the law as well.

More Details:

Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on IndiaSilkArt. Neither are certain items that are subject to complex legal regulations or registration systems. Because IndiaSilkArt is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. In addition, listings may not facilitate or promote illegal acts through images or descriptions.

Additionally, due to complex legal restrictions that vary by location, IndiaSilkArt does not permit the sale of real estate or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the items they list. Examples of items, which may be subject to regulation, include Native American crafts, plants and seeds, and food products.

5. Internationally Regulated Items

Our marketplace provides a direct connection between buyers and sellers around the world. That means that when you enter into a transaction across international borders, you are responsible for complying with international trade restrictions, including restrictions put into place by the US Office of Foreign Assets Control (“OFAC”), regardless of your location.

More Details:

In the United States, the Office of Foreign Assets Control (“OFAC”) at the US Department of the Treasury administers various economic and trade sanctions. These programmes prohibit dealing with certain designated persons and targeted countries. Because IndiaSilkArt is a US-based company, all members who buy and sell on IndiaSilkArt are subject to these restrictions, even if they live outside the United States. For example, this includes restrictions on:

  1. Transactions involving the countries of Cuba, Iran, Sudan and Syria, or involving any individual or organisation located in those countries
  2. Transactions involving any item of Cuban or Syrian origin
  3. Transactions involving Cuban nationals
  4. Imports from North Korea
  5. Transactions involving jadeite or rubies from Burma (Myanmar)
  6. Any transaction or dealing with an individual or entity specifically identified by OFAC, notably those listed on OFAC’s Specially Designated Nationals (“SDN”) List or Foreign Sanctions Evaders (“FSE”) List

IndiaSilkArt’s policies prohibit our members worldwide from engaging in any transaction that would violate OFAC sanctions. While we attempt to protect our members from unwittingly violating these laws by preventing certain prohibited transactions, it is up to each seller and buyer to ensure that he or she is familiar with—and compliant with—OFAC regulations.

IndiaSilkArt members can consult the OFAC website for complete information about the various sanctions programs administered by the US Department of the Treasury: http://www.treasury.gov/resource-center/sanctions/Pages/default.aspx

In addition, IndiaSilkArt members should be aware that other countries may have their own set of trade restrictions, and that certain items may not be allowed for export or import under foreign laws. You should consult the laws of any foreign jurisdiction when contemplating a transaction involving the shipment of goods overseas.

Finally, IndiaSilkArt members should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programs. IndiaSilkArt has no authority or control over the independent decision-making of these providers.

 

6. Shipping Policy

IndiaSilkArt offers a variety of services to make it easier for sellers to get their one-of-a-kind items into the hands of buyers. This Shipping Policy explains your shipping obligations as a seller and your rights and responsibilities when using IndiaSilkArt’s shipping labels services.

This policy is a part of our Terms of Use. By opening an IndiaSilkArt shop, you’re agreeing to this policy and our Terms of Use.

1. Shipping Your Items

Sellers are responsible for shipping their sold items to buyers. By selling on IndiaSilkArt, you agree to:

  1. Provide an accurate “ships from” address.
  2. Specify your shipping costs and processing time in your listings.
  3. Ship items promptly after they are sold. Items must be shipped no later than within 30 days of purchase unless otherwise specified in your processing time or agreed upon with the buyer through Conversations.
  4. Comply with all local and international shipping and customs regulations. For more information on international shipping using USPS, please see this Help article. For more information on international shipping using Canada Post, please see this Help article. If you are shipping to buyers in the European Union, please see this Help article on the EU Directive on Consumer Rights.
  5. Ship to the address listed on the IndiaSilkArt receipt (or verified by the US Postal Service for US addresses) or sent to you by the buyer through an IndiaSilkArt Conversation.
  6. Mark the order as shipped when you ship it, or use an IndiaSilkArt Shipping Label, which automatically marks your order as shipped. You may only mark an order as shipped when you actually ship an order to a buyer. Your buyer will receive an IndiaSilkArt Shipping Notification when your order is marked as shipped.
  7. Charge an accurate and appropriate amount for shipping. If you’re a seller in the US and would like to have shipping costs automatically calculated for you, you may use calculated shipping.

In the unlikely event an order does not go as planned, be prepared to provide valid proof of shipping. Valid proof of shipping must show that the item was shipped to the address provided by the buyer (or verified via USPS address verification). If a buyer does not receive their order, they may file a case against your shop. Please see this Help article to learn more about IndiaSilkArt’s case system.

Through our Seller Protection Program, IndiaSilkArt offers protection to sellers who meet our Seller Protection Program requirements. Read more about the benefits of IndiaSilkArt’s Seller Protection Program here. Read more about what is required to qualify for Seller Protection here.

2. IndiaSilkArt Shipping Labels

Sellers in the United States and Canada and who accept Direct Payments or PayPal as a payment method are able to use IndiaSilkArt Shipping Labels.

By using IndiaSilkArt Shipping Labels, you acknowledge that:

  1. All shipping labels must be associated with corresponding IndiaSilkArt orders.
  2. Shipping labels may not be transferred or sold to a third party.
  3. Each shop has a designated bill limit for creating shipping labels. If you reach your bill limit, you must pay your bill before you can create another label. Bill limits are based on recent bill history. Read more about our bills in our Fees & Payments Policy here.

USPS Labels

US sellers can purchase United States Postal Service (USPS) postage on IndiaSilkArt to fulfil their orders. Use of USPS postage is subject to applicable USPS rules.

  • Sellers may submit a request to cancel USPS postage within 10 days of creating a label, as long as the label has not been used to ship a package. Refunds are processed and either approved or denied by the USPS. IndiaSilkArt will notify sellers once a request is approved or denied. For more information on requesting a cancellation and refund, please see this Help article.
  • For more information on how to use USPS postage, please see this Help article.

3. Fees

The cost of a shipping label will depend on the origin, destination, weight, and dimensions of the package. If you add signature confirmation or insurance, those fees will be added to the total cost of the label at the point of purchase.

If you purchase USPS postage, the cost of each shipping label will appear on your IndiaSilkArt bill as “USPS Shipping Label,” and will include the shipping label number.

If you purchase U-PIC parcel insurance, the cost of insurance will appear separately on your bill as “U-PIC Parcel Insurance,” and will include the shipping label number.

If you purchase Canada Post postage, the cost of each shipping label and label-related fees will appear on your IndiaSilkArt bill as “Canada Post Shipping Label and Fees.” Applicable taxes will appear on your bill as “Canada Post Shipping Label Taxes.” If you choose to purchase Canada Post insurance coverage on IndiaSilkArt, the cost will appear separately on your bill as "Canada Post Coverage." All applicable costs, fees, and taxes will contain the relevant shipping label number. When you purchase a label, the fees will appear in CAD. When reviewing the total cost summary, your label purchases will show in both CAD and USD. All final label charges will be listed on your IndiaSilkArt bill in USD.

Shipping fees will appear on your IndiaSilkArt bill.