TOTALLYINDIAN TERMS AND CONDITIONS

Last Updated: May 11, 2025

1. INTRODUCTION AND ACCEPTANCE

TezTrade Private Limited ("TotallyIndian," "we," "our," or "us"), a company incorporated under the laws of India, with its registered office at Mumbai, India, owns and operates the website www.totallyindian.com and the TotallyIndian mobile application (collectively, the "Platform").

These Terms and Conditions ("Terms") govern your access to and use of the Platform as a buyer. By accessing, browsing, or using our Platform in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Shipping Policy, and Return & Refund Policy, which are incorporated herein by reference.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE PLATFORM.

TotallyIndian is a cross-border direct-to-consumer (D2C) platform that connects authentic Indian sellers with global buyers. We facilitate transactions between these parties but are not the seller of the products listed on our Platform. Instead, we provide a technology platform that enables sellers to offer their products to buyers around the world.

1.1 Age Restrictions

You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to create an account and use our Platform. By using the Platform, you represent and warrant that you meet this age requirement.

1.2 Territorial Restrictions

Our Platform is intended for users in countries where we explicitly offer shipping services. We may restrict access from certain regions due to regulatory, shipping, or other operational constraints. The availability of products and services may vary by region.

2. DEFINITIONS

  • "Account" refers to the registered user account created by you on the Platform.
  • "Buyer" or "User" or "You" refers to any individual or entity that accesses, browses, or uses the Platform to purchase products.
  • "Content" means all information, text, images, logos, photographs, illustrations, graphics, product names, product descriptions, videos, audio clips, sounds, data, software, and other materials on the Platform.
  • "Order" means a request placed by you to purchase a product through the Platform.
  • "Platform" means the website www.totallyindian.com and the TotallyIndian mobile application.
  • "Product" means any good listed for sale on the Platform.
  • "Seller" means a third-party vendor who offers products for sale on the Platform.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation

To make purchases on our Platform, you may create an account by providing accurate, current, and complete information as prompted by our registration process. We reserve the right to refuse registration or cancel accounts at our discretion.

3.2 Account Credentials

You are responsible for:

  • Maintaining the confidentiality of your account password and any other security information related to your account
  • Restricting access to your account and your devices
  • Ensuring that all activities under your account comply with these Terms
  • Updating your account information promptly when changes occur

3.3 Security Responsibilities

You acknowledge and agree that:

  • All activities occurring under your account are your responsibility
  • You will immediately notify TotallyIndian of any unauthorized use of your account or any other breach of security by contacting our customer support
  • You will log out from your account at the end of each session
  • We may suspend or terminate your account if we suspect any unauthorized access or security concerns

4. ORDER PLACEMENT, PROCESSING, AND CANCELLATION

4.1 Order Placement

When you place an order through our Platform:

  • You make an offer to purchase the product at the listed price
  • You confirm that all information provided (including delivery address and payment details) is accurate and complete
  • You acknowledge that the final contract for sale is formed only when we confirm acceptance of your order
  • You agree to pay the full amount specified in the order summary, including product price, applicable taxes, shipping charges, and any other fees clearly communicated during checkout

4.2 Order Confirmation

After placing an order:

  • You will receive an automated acknowledgment of your order via email
  • This acknowledgment is not an acceptance of your order, but merely confirms that we have received it
  • A binding contract is formed only when we explicitly confirm acceptance of your order and the product is dispatched
  • We will send an order fulfillment email with tracking link when your order is accepted and processed

4.3 Buyer-Initiated Cancellations

You may request to cancel an order only if:

  • The request is made within 30 minutes of placing the order

To request cancellation, you must:

  • Log into your account and select the cancellation option for the specific order
  • Or contact our customer service with your order number and cancellation reason

We cannot guarantee that all cancellation requests will be honored, especially if order processing has advanced. Successful cancellations will be confirmed via email, and a refund will be processed according to our refund policy.

5. PRICING, PAYMENT, AND BILLING

5.1 Product Pricing

Regarding the prices displayed on our Platform:

  • All prices are listed in your local currency where possible
  • Prices are set according to the Indian market
  • Prices do not include shipping fees and taxes unless explicitly stated
  • Prices for the same product may vary based on location, promotions, or other factors
  • Promotional prices are valid only for the specified duration
  • Volume discounts may apply as indicated on product pages

5.2 Price Errors and Changes

TotallyIndian explicitly reserves the right to:

  • Correct any pricing errors or inaccuracies, even after an order has been placed
  • Change prices without prior notice
  • Refuse or cancel orders based on incorrect pricing
  • Contact you for instructions if we discover pricing errors after your order has been placed

5.3 Payment Methods

We accept the following payment methods, subject to availability in your region:

  • Major credit and debit cards (Visa, Mastercard, American Express)
  • Digital payment platforms (PayPal, Apple Pay, Google Pay)
  • Bank transfers (in select markets)
  • Buy-now-pay-later services (where available)
  • Stored payment methods saved securely in your account (with your permission)

5.4 Taxes and Duties

Rates mentioned on our website are CIF rates, any additional charges/duties charged by logistics partner/government is not paid by TotallyIndian. We will issue a Tax Invoice sent via email and can also download from the customer dashboard.

6. SHIPPING, DELIVERY, AND CUSTOMS

Please refer to our Shipping, Delivery and Customs Policy here.

7. RETURNS, REFUNDS, AND EXCHANGES

Please refer to our Refund/Cancellation Policy here.

8. ACCEPTABLE USE OF THE PLATFORM

8.1 General Conduct Requirements

When using our Platform, you agree not to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Platform for illegal purposes or to promote illegal activities
  • Impersonate any person or entity or falsely state your affiliation
  • Interfere with or disrupt the operation of the Platform
  • Attempt to gain unauthorized access to any portion of the Platform
  • Use the Platform to send unsolicited communications
  • Engage in any activity that could harm minors
  • Submit false or misleading information
  • Use the Platform if you are under the minimum age requirement
  • Create multiple accounts or maintain an account under someone else's name

8.2 Order-Related Prohibitions

You must not:

  • Place fraudulent orders or orders without intent to pay
  • Provide false payment information or unauthorized payment methods
  • Place orders for commercial resale without authorization
  • Use coupon codes, discount offers, or promotions in violation of their terms
  • Manipulate prices, product availability, or the checkout process through technical means
  • Use automated methods to monitor product prices or availability (price scraping)
  • Make excessive or abusive use of our return policy
  • Claim refunds or chargebacks fraudulently
  • Provide false delivery addresses or contact details

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Platform Content Ownership

All Content on the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the compilation of all content, is owned by TotallyIndian, our sellers, or our licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2 Limited License to Users

We grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.

9.3 Trademarks

The "TotallyIndian" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TotallyIndian or our affiliates. You may not use these marks without our prior written permission.

10. LIMITATION OF LIABILITY

10.1 Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

10.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TOTALLYINDIAN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES.

10.3 Liability Cap

NOTWITHSTANDING THE FOREGOING, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF: THE AMOUNT YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM OR 100 USD (OR EQUIVALENT IN YOUR LOCAL CURRENCY).

11. DISPUTE RESOLUTION AND GOVERNING LAW

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law.

11.2 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the courts of Mumbai, India, and you consent to the jurisdiction of these courts and waive any objection to such jurisdiction or venue.

11.3 Time Limitation on Claims

You agree that any cause of action arising out of or related to the Platform or these Terms must be commenced within 6 months after the cause of action accrues. Otherwise, such cause of action is permanently barred.

12. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify, add, or remove portions of these Terms at any time. Changes to these Terms will be effective when posted on the Platform with a revised "Last Updated" date.

Your continued use of the Platform after changes to the Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and terminate your account.

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

TezTrade Exports Private Limited

Mumbai, India

Customer Support Email: support@totallyindian.com

Legal Department Email: legal@totallyindian.com

Phone: +91 6262462162

Hours of Operation:

Monday to Friday: 10:00 a.m. to 7:00 p.m. IST

Saturday: 10:00 a.m. to 3:00 p.m. IST