Terms of Service

1. About TotallyIndian

TotallyIndian is an online store offering authentic Indian products for sale and delivery to customers located outside India, including but not limited to the United States, Canada, United Kingdom, the European Union, Australia, New Zealand, the United Arab Emirates, the Kingdom of Saudi Arabia, and other jurisdictions notified by us from time to time. We do not undertake sales for delivery within India.

All products offered for sale on the Website are sold by TotallyIndian directly to you. TotallyIndian is the seller of record for every order placed through the Website and is also the Exporter of Record for every shipment dispatched from India.

2. Eligibility

By using the Website, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is higher;
• You have the legal capacity to enter into a binding contract under applicable law;
• You are not barred from receiving products or services under the laws of India or the laws of the country to which you are requesting delivery;
• The information you provide to us is true, accurate, current, and complete; and
• You will use the Website strictly in accordance with these Terms and all applicable laws.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.

3. Account Registration

To place an order, you may be required to create an account. You are responsible for:

• Maintaining the confidentiality of your login credentials;
• All activities that occur under your account, whether or not authorised by you;
• Notifying us immediately of any unauthorised access or breach of security.

We shall not be liable for any loss or damage arising from your failure to safeguard your account credentials. We reserve the right to suspend or terminate accounts that we believe, in our sole discretion, are being used in violation of these Terms, applicable law, or in a manner that may harm TotallyIndian, our customers, or any third party.

4. Products, Descriptions & Availability

We make reasonable efforts to ensure that product descriptions, images, specifications, ingredients, weights, dimensions, colours, and prices displayed on the Website are accurate. However:

• Product images are for illustrative purposes. Actual products may vary slightly in colour, texture, finish, or appearance due to handcrafted nature, natural materials, photography conditions, or display calibration on your device.
• Many of our products are handmade, handloomed, or artisanal in nature. Minor variations, irregularities, and imperfections are inherent characteristics of such products and are not considered defects.
• We do not warrant that product descriptions, pricing, availability, or any other content on the Website is error-free, complete, or current.
• All products are subject to availability. We reserve the right, without prior notice, to limit order quantities, discontinue products, or withdraw products from sale.
• Listing a product on the Website does not constitute an offer to sell. Our acceptance of your order is governed by Section 6 below.

5. Pricing, Currency & Taxes

• Prices displayed on the Website are inclusive of applicable Indian taxes where required, and exclusive of shipping charges, handling fees, customs duties, import taxes, and any other charges levied by the destination country.
• Prices are displayed in your selected currency for convenience. The final transaction may be processed in Indian Rupees (INR) or another currency at the applicable exchange rate, plus any conversion fees levied by your bank or card issuer, for which you are solely responsible.
• We reserve the right to revise prices at any time without prior notice. The price applicable to your order shall be the price displayed at the time your order is confirmed.
• In the event of an obvious pricing error (including but not limited to typographical mistakes or system errors), we reserve the right to cancel the affected order even after confirmation, and to refund any amount already paid.

6. Placing an Order; Formation of Contract

When you place an order through the Website, you are making an offer to purchase the products from TotallyIndian. The order confirmation email you receive immediately after checkout is an acknowledgement of receipt of your offer and does not constitute acceptance.

A binding contract of sale is formed only when we dispatch the products from our facility in India and send you a separate dispatch/shipping confirmation email containing tracking details.

Until dispatch, we reserve the right to:

• Accept or reject your order, in whole or in part, at our sole discretion;
• Cancel your order in case of stock unavailability, pricing errors, suspected fraud, restricted destinations, regulatory prohibitions, or any other reason we deem appropriate;
• Request additional information or verification before processing your order.

If we reject or cancel your order, any amount paid by you for the cancelled portion will be refunded in accordance with our Return Policy.

7. Shipping & Delivery

All shipments are dispatched from India by TotallyIndian as the Exporter of Record. Shipping timelines, fees, courier partners, restricted items, remote-area surcharges, tracking, and carrier-specific responsibility are governed by our Shipping Policy, available at https://totallyindian.com/shipping-policy, which is incorporated into these Terms by reference.

By placing an order, you confirm that you have read, understood, and agreed to the Shipping Policy.

8. Customs, Duties & Importer of Record

For all shipments, you (the recipient) are the Importer of Record in your country.

• Any customs duties, import taxes, value-added tax (VAT), goods and services tax (GST/HST), brokerage fees, handling charges, or other levies imposed by the destination country are your sole responsibility and are not included in the product price or shipping fee shown at checkout, unless explicitly stated otherwise.
• You are responsible for ensuring that the products you order are permitted for import into your country and that you have obtained any necessary licences, permits, or authorisations.
• If a shipment is refused, returned, abandoned, seized, destroyed, or detained by customs authorities due to your refusal or inability to pay applicable duties, taxes, clearance fees, or to provide required documentation or comply with destination-country regulations, TotallyIndian shall not be held responsible, and no refund shall be issued for the product price, shipping charges, or any other amount paid in respect of such order.

9. Returns, Refunds & Cancellations

All returns, refunds, cancellations, reporting of damaged or defective products, missing items, refund timelines, and related processes are governed by our Return Policy, available at https://totallyindian.com/return-policy, which is incorporated into these Terms by reference.

By placing an order, you confirm that you have read, understood, and agreed to the Return Policy, including its cancellation window, charges, and the documentation (such as unboxing videos) required to raise a claim.

10. Intellectual Property & Product Imagery

11. Permitted Use & User Conduct

You agree that you will not:

• Use the Website for any unlawful, fraudulent, or unauthorised purpose;
• Place orders using false, misleading, or stolen payment details;
• Use the Website to purchase products with the intent of reselling, redistributing, or commercially exploiting them without our prior written consent;
• Attempt to gain unauthorised access to any portion of the Website, our servers, databases, or any connected systems;
• Interfere with, disrupt, or impose an unreasonable load on the Website's infrastructure;
• Introduce viruses, trojans, worms, malware, or any other malicious code;
• Impersonate any person or misrepresent your affiliation with any person or entity;
• Harvest, collect, or store personal data of other users;
• Use the Website in any manner that violates applicable export control, sanctions, or trade laws of India or your country of residence.

We reserve the right to investigate suspected violations, cooperate with law enforcement, and take any action we deem necessary, including suspending or terminating accounts and pursuing legal remedies.

12. Payment

• We accept payments through the payment methods displayed at checkout. All payments are processed through third-party payment gateways operating under their own terms.
• By providing payment information, you represent that you are authorised to use the payment method and that the information is accurate.
• We do not store card details on our servers. Tokenisation and storage are governed by the relevant payment gateway and applicable regulations.
• In the event of payment failure, declined authorisation, chargeback, or reversal, we reserve the right to cancel the affected order and recover any losses incurred.

13. Communication

By creating an account or placing an order, you consent to receive transactional, service-related, and (where lawful) promotional communications from us via email, SMS, WhatsApp, push notifications, or telephone. You may opt out of promotional communications at any time via the unsubscribe link, account settings, or by writing to us. Transactional communications related to your order cannot be opted out of.

14. Third-Party Links

The Website may contain links to third-party websites, including those of payment gateways, couriers, customs information resources, and social media platforms. These links are provided for your convenience. We do not endorse, control, or assume any responsibility for the content, privacy practices, or services of third-party websites. Access to and use of such websites is at your own risk and subject to the terms of those websites.

15. Disclaimer of Warranties

To the maximum extent permitted under applicable law:

• The Website and all products are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise;
• We do not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components;
• We do not warrant that any product will meet your specific requirements, expectations, or intended use, beyond what is explicitly described on the product page;
• Statements relating to traditional, Ayurvedic, devotional, or wellness products are based on traditional usage and are not intended to diagnose, treat, cure, or prevent any disease. You should consult a qualified medical professional before using such products.

16. Limitation of Liability

To the maximum extent permitted under applicable law, in no event shall TotallyIndian, Teztrade Exports Private Limited, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of business, loss of goodwill, loss of data, or any other intangible loss, arising out of or in connection with:

• Your use of, or inability to use, the Website;
• Any product purchased through the Website;
• Any delay, customs detention, seizure, destruction, or non-delivery by any courier or customs authority;
• Any unauthorised access to or alteration of your account or personal data;
• Any conduct or content of any third party on the Website.

Our aggregate liability in respect of any claim arising out of or in connection with these Terms or any order placed through the Website shall not exceed the total amount actually paid by you to TotallyIndian for the specific order giving rise to the claim.

17. Indemnity

You agree to indemnify, defend, and hold harmless TotallyIndian, Teztrade Exports Private Limited, its directors, officers, employees, agents, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms or any policy referenced herein;
• Your violation of any applicable law or regulation, including export, import, or customs laws of any jurisdiction;
• Your infringement of any third-party right, including intellectual property rights;
• Any content you submit to the Website;
• Any false or inaccurate information provided by you.

18. Force Majeure

We shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, epidemic, pandemic, war, terrorism, civil unrest, strikes, lockouts, government actions, customs delays, courier service disruptions, internet or telecommunication failures, cyber-attacks, or any other event of force majeure.

19. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-laws principles. Subject to the dispute resolution provisions below, the courts at Mumbai, Maharashtra, India, shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or your use of the Website.

20. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. If the dispute is not resolved within thirty (30) days of written notice from one party to the other, the dispute shall be referred to and finally resolved by arbitration administered under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed mutually by the parties, the seat of arbitration shall be Mumbai, India, and the language of arbitration shall be English. The award of the arbitrator shall be final and binding on the parties.

21. Modifications to These Terms

We may revise these Terms from time to time. The revised Terms will be posted on the Website with an updated "Last updated" date. Your continued use of the Website after the revised Terms come into effect shall constitute your acceptance of the revised Terms. We encourage you to review these Terms periodically.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected, and the unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable while preserving its original intent.

23. Entire Agreement

These Terms, together with the Privacy Policy, Return Policy, Shipping Policy, and any other policy or notice published on the Website, constitute the entire agreement between you and TotallyIndian with respect to your use of the Website and supersede all prior or contemporaneous communications, understandings, or agreements, whether oral or written.

24. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms to any affiliate or successor entity.

25. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of our right to enforce it in the future.

26. Grievance & Contact Information

In accordance with the Information Technology Act, 2000, and the Consumer Protection (E-Commerce) Rules, 2020, the contact details of our Grievance Officer are as follows:

• Grievance Officer: Lokpal Parmar
• Company: Teztrade Exports Private Limited (TotallyIndian)
• Registered Office: D5/527, Ashray Co-Op Soc Ltd, Sector No. 05, Charkop, Kandivali West, Mumbai, Maharashtra, India – 400067
• Email: contact@totallyindian.com
• Phone: +91 6262462162
• Hours: Monday to Friday, 10:00 a.m. to 7:00 p.m. IST; Saturday, 10:00 a.m. to 3:00 p.m. IST

For any general queries, complaints, or feedback, please write to us at contact@totallyindian.com.