Terms of Seller

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of www.lampemporio.com website.


The domain name www.Lampemporio.com (hereinafter referred to as 'Website') is owned by

Prayag Software Services Private Limited (hereinafter referred to as '
Lamp Emporio'), a company incorporated under the Companies Act, 1956,with its registered office at G-11, Sector – 63, Noida (U.P.), India.

For the purpose of the Terms of Use (hereinafter referred to as “ToU”), wherever the context

so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to

become a seller on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean Lamp Emporio.

Your use of the Website, services, and tools is governed by the following terms and conditions

(ToU) including applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a

Transaction. By mere use of the Website you shall be contracting with Lamp Emporio, and these terms and conditions including the policies constitute your binding obligations to


Lamp Emporio.

When you use any of the services provided by us through the Website – including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the ToU and considered a part and parcel of the ToU. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the ToU at any time and without any prior written notice to you.It is your responsibility to review the ToU periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the ToU, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT WITH ALL THE TERMS AND CONDITIONS UNDER THE TOU, SO PLEASE READ THE TOU CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting the ToU, you also accept and agree to be bound by Lamp Emporio policies (including but not limited to Privacy Policy), as amended, from time to time.

Seller Eligibility

The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Website, transact or use the Website. As a minor if you wish to use the Website or make a transaction, such use or transaction may be made by your legal guardian or parents. Lamp Emporio reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to Lamp Emporio notice or discovered that you are under the age of 18 years.

If you register as a business entity, you represent that you are duly authorized by the business entity to accept the ToU and you have the authority to bind the business entity to the ToU.

Your Account and Registration Obligations

If you use the Website, you shall be responsible for maintaining confidentiality of your display name and password and all activities that occur with the use of your display name and password. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the ToU, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.

Communications

When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that users utilize to meet and interact with one another for their transactions. Lamp Emporio is not and cannot be a party to or control in any manner any transaction between users on the Website.

 
 
Consequently

 

  • All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Lamp Emporio does not determine, advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
  • Lamp Emporio does not make any representations or warranties regarding specifics (such as quality, value, and salability) of the items or services proposed to be sold, offered to be sold, or purchased on the Website. Lamp Emporio does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. Lamp Emporio accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  • Lamp Emporio is not responsible for any non-performance or breach of any contract between you and buyers. Lamp Emporio cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. Lamp Emporio shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
  • Lamp Emporio does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.
  • Lamp Emporio does not at any point in time during a transaction between you and a buyer on the Website come into or take possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
  • At no time shall Lamp Emporio hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Lamp Emporio is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
  • The Website is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Lamp Emporio only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer. At no time shall Lamp Emporio hold any right/title to or interest in the items nor have any obligations or liabilities in respect of such a contract. Lamp Emporio is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable or back-ordered.
  • You shall independently agree upon the manner, terms, and conditions of delivery, payment, insurance etc. with the buyers you transact with.
  • You release and indemnify Lamp Emporio and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Lamp Emporio cannot control the information provided by other Users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretense.

Use of the Website

You agree and understand that Lamp Emporio and the Website merely provides hosting services to its Registered Users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by Registered Users and are third party user generated contents. Lamp Emporio neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission. Lamp Emporio has no control over the third party user generated contents. Lamp Emporio is merely an intermediary and does not interfere in the transaction between Buyers and Sellers.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

 

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

(aa) shall not, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

(ab) shall not create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers.


 

We reserve the right, but have no obligation, to monitor the material posted on the Website. Lamp Emporio shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the ToU. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Lamp Emporio’s views. In no event shall Lamp Emporio assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious.

 

13.Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.

 

Selling
 

As a registered seller, you may list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this ToU. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Lamp Emporio reserves the right to delete such multiple listings of the same product listed by you in various categories.


Content Posted on the Website

All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and Lamp Emporio has no control over such third-party generated content as Lamp Emporio is merely an intermediary for the purposes of this ToU. Except as expressly provided in the ToU, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Lamp Emporio’s prior written consent.

You may use the information on the products and services purposely made available on the Website for downloading provided you:

 

You shall be responsible for any content posted or transmitted on the Website. Such content will become our property and you grant us the worldwide, perpetual and transferable rights in such content. We shall be entitled to -- consistent with our privacy policy as adopted in accordance with applicable law -- use the content or any of its elements for any type of purpose forever, including, but not limited to, promotional and advertising purposes in any media, whether now known or hereafter devised or the creation of derivative work. You agree that any content you post may be used by us -- consistent with our privacy policy and rules of conduct on the Website as mentioned herein -- and you are not entitled to any payment or other compensation for such use.

Limited License

Lamp Emporio grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Lamp Emporio" and/or “Lampemporio.com” name and/or logo on seller’s invoice for transactions concluded on the Website. Further, Lamp Emporio grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “Lampemporio.com” name and/or logo on packing material used by Seller for delivery of Products sold on the Website.

Privacy

We view protection of your privacy as a very important principle. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. Our current privacy policy is available on  PRIVACY POLICY If you object to your information being transferred or used in this manner, please do not use the Website. We and our affiliates will share / sell / transfer / license / convey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow this privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on www.Lampemporio.com or with third party merchant's or third party merchant's website.

Types of Sellers


Preferred Seller

In case of multiple sellers selling same product, the preferred seller is one who is shown at the top of the sellers’ list. This is computed based on the following parameters:

Defect rate (calculated based on the total number of cancellations, returns, disputes, and poor ratings for a seller); and

Last successful sale (it is applicable to only those sellers who have successfully completed 30 orders)

Or such other parameters as may be specified from time to time.


Trusted Seller


Sellers trusted by Lamp Emporio to sell have a Lamp Emporio trusted-seller badge associated with them. Sellers become eligible if they meet the following criterion -- less than 5% defect rate consistently for more than 6 months or such other parameters as may be specified from time to time.

 

Qualified Sellers

Qualified sellers on Lamp Emporio have exclusive features like ‘Wallet’, ‘Store credit’, ‘Gift card’, and more. Sellers become eligible if they meet the following criteria:
  • Less than 5% of defect rate consistently for more than 6 months; and
  • Selling in all the categories listed on Lamp Emporio;
  • Or such other parameters as may be specified from time to time. The final call on trusted and qualified sellers is Lamp Emporio sole discretion.

Payment

Payment Facility for Sellers:

  • A seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, illegal and shall not contain any misrepresentation of facts.
  • In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and which may lead to suspension and/or termination of seller account.
  • A seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
  • A buyer confirms the delivery of products and/or services in the transaction;
  • A buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
  • A buyer’s refund claim is rejected by Lamp Emporio due to any breach of the ToU, policies, and any applicable law;
  • Remittances to a seller for successful transactions under the payment facility, excluding CoD transactions, would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).
  • Transaction Timelines: Transaction on the Website shall be deemed to be complete only once the following action items are concluded by the respective parties as detailed below:

 

Step

Action Item

Days

 

 

 

 

 

1.

Seller to procure and ship the product(s) sold

1

- 21 days

 

 

 

 

2.

Logistics partner to ship and deliver the product(s) sold (post step

2

- 7 days

 

1)

 

 

 

 

 

 

3.

Buyer to confirm or return the product(s) (post step 2)

1

- 30 days

 

 

 

 

 

Once the transaction is completed as stated above, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.

Remittances to a seller for CoD transactions shall be made through cheque or online bank transfer to the seller’s bank account in accordance with above said transaction timelines prescribed in clause (e) hereinabove.


Charges

Registration on the Website is free. Lamp Emporio does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this ToU. Lamp Emporio reserves the right to change its fee policy from time to time. In particular, Lamp Emporio may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Lamp Emporio reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Lamp Emporio. You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Lamp Emporio.

Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

Rules for Express Remittance for Qualified Sellers
 


Compliance with Laws:
 

Product Description

Lamp Emporio does not warrant that product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Breach

Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:
 

We may at any time, at our sole discretion, reinstate suspended sellers. A seller that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such a seller is reinstated by us. Notwithstanding the foregoing, if you breach the ToU, privacy policy or other rules and policies, we reserve the right to recover any amounts due and owed by you to us and take strict legal action, including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall indemnify and hold harmless Lamp Emporio its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.

 

Trademark, Copyright and Restriction

The Website is controlled and operated by Lamp Emporio and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.

 

Limitation of Liability

IN NO EVENT SHALL LAMP EMPORIO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TOU, EVEN IF LAMP EMPORIO HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Jurisdictional Issues/Sale in India Only


Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Lamp Emporio makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Lamp Emporio is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
 
 
 
POLICIES




Profanity Policy

Lamp Emporio prohibits the use of language that is racist, hateful, sexual, or obscene in nature in a public area.

This policy extends to text within listings, seller pages, and all other areas of the Website that other users may view. If the profane words are part of a title for the item being sold, we allow sellers to 'blur' out the bulk of the offending word with asterisks (e.g. s*** or f***).

What to do

Please report any violations, like the ones listed below for review:

Disciplinary action may result in indefinite/temporary suspension of a seller's account or a formal warning.

Lamp Emporio will consider the circumstances of an alleged policy violation and the seller's trading records before taking action.
Violations of this policy may result in a range of actions, including:

Website Disruption Policy

Interference, attempted interference or threatened interference with the Website and/or operations using any software program, routine or activity is a serious offence and is not permitted.

Sellers availing themselves of the Website may only modify or add content in those areas specifically designated for sellers.

All content must also abide by all other Lamp Emporio’s policies.

In no case may a seller block, obscure, overwrite or modify any Lamp Emporio-generated content or pages.

All other site locations or components of Lamp Emporio’s webpages are strictly for Lamp Emporio’s use.

Violations of this policy may result in a range of actions, including:

 

Seller Registration & KYC Policy

As an additional safety measure, sellers intending to register on the Website are required to provide verification documents.

Sellers whose transaction value has exceeded Indian Rs. 50,000/- (cumulative) through transactions have to complete the additional verification (know your customer or KYC) process. Till the time such an additional verification is concluded, your remittances shall be on hold and only released upon completion of the KYC process. This verification procedure is aimed to further help Lamp Emporio become a safer and secure e-commerce platform.

You need to provide valid documents for proof of identity and address of the beneficiary or bank account holder mentioned during the registration process.

Important: If you edit your bank account details after completing the KYC process, you may be required to provide verification documents again for the new bank account to avoid payment rejections and delays in reprocessing of payments. As part of the KYC process, you are required to provide one valid document for proof of identity and one valid document for proof of address.

 

Given below are the documents acceptable for the KYC process: 
 
  • For bank accounts belonging to individuals Proof of Identity (PoI)
  • Pan card
  • Passport
  • Voter’s identity card Driver’s license

 

Proof of Address (PoA)

Passport
Driver’s license
Voter’s identity card
Telephone/Mobile bill
Bank account/Credit Card statement Electricity bill
Ration card

 

  • For bank accounts belonging to companies PoI
PAN Card of the Company VAT/TIN (mandatory)

 

  • PoA
Company telephone bill Company electricity bill

 

  • For bank accounts belonging to partnership firms PoI
VAT/TIN (mandatory)

 

4. PoA

Telephone bill in the name of firm/partners Electricity bill in the name of firm/partners

 

  • For bank accounts belonging to trusts & foundations PoI

VAT/TIN (mandatory)

 

PoA



Telephone bill Electricity bill


For bank accounts belonging to sole proprietor PoI

Passport

PAN card


Voter’s identity Card Driver’s license

VAT/TIN


PoA


Telephone/Mobile bill


Bank account/Credit card statement Electricity bill

Ration card



Display Name Policy


A display name is the unique name that sellers use to identify themselves on the Website.

At registration, members should choose a display name that they like and will remember. Display names may not be profane, obscene or violate any Lamp Emporio’s or third-party’s trademarks, copyrights, and intellectual property rights.

Furthermore, display names may not be an email address or web address (URL) or represent an email address or web address.

Violations of this policy may result in a range of actions, including:

Listing cancellation;

Limits placed on account privileges;

Loss of special status; or/and

Account suspension.

Report a display name that may be inappropriate.
 
Listing Policies

To help seller’s list items on the Website correctly, we've highlighted some listing policies and described how Lamp Emporio handles listing violations when they are reported.

Proper Category Listing: Items must be listed in the appropriate category. Items that don't belong to a category will be moved to the appropriate category.

Exceptions: Multiple-quantity listings may offer a choice of color in otherwise identical items. However, a seller must be able to fulfill the entire quantity of every listing in any offered color even if another seller chooses exactly the same color selection. Choice listings may not be offered ‘subject to availability’ or the buyer may be requested to contact the seller to see the available colors and quantity. This exception for choice of color does not apply to single-quantity listings.

Duplicate Listings: A duplicate listing occurs when a seller lists multiple identical items in multiple listings.

 

Links Policy


The Website’s listing page can only be used to describe, promote, and facilitate the sale of the listed Lamp Emporio item -- it cannot refer to or promote a seller's individual website, off-Lamp Emporio sales, or other businesses. The Website’s seller page is a place where a seller can promote an individual website or business.

Item Page can contain no URLs, links to, or promotional information about any off-Lamp Emporio webpage, including the websites of a seller or any third party. Links from the Website’s item page that interfere in any way with the shopping experience on the Website or solicit any Lamp Emporio user information, are not allowed. Links from the Website’s item page to pages that promote off-Lamp Emporio sales in any way are forbidden.


Seller Page: This page may be used to describe a seller's business and may not contain URLs or links to the seller's individual website. It may not specifically promote off-Lamp Emporio sales or sales of items prohibited on Lamp Emporio nor may it contain links to commercial websites where products from multiple sellers are aggregated by a common search engine.

Giveaways, Raffles, and Prizes: Listings that promote giveaways, random drawings or prizes as an enticement for buyers are not permitted on the Website as these promotions are highly regulated and may be unlawful. These types of listings are not permitted and will be ended. Lamp Emporio itself may run such promotions on the Website and grant authorization to its partners or third-party companies to run promotions that comply with applicable laws.

Listing Techniques that Circumvent Lamp Emporio's Fee Structure


  • Sellers may not use systems or techniques to circumvent Lamp Emporio's fees. Some examples include:
  • Offering in a listing the opportunity to purchase the item or other merchandise outside the Website;
  • Listings with low prices but unreasonably high shipping or handling costs;
  • Listing an item that requires or offers an additional purchase;
  • Dutch Avoidance -- listing a single item and offering additional identical items for sale in the item description. In these situations, a seller typically instructs buyers to indicate the number of items they want and states that they can get the same price as the item in the listing;
  • Listings with an email address or domain name in the title;
  • Catalogue Sales -- listing of catalogues from which buyers may directly order items is prohibited. In these situations, a seller will typically offer the catalogue for low-bid prices and complete sales outside the Website for items found in the catalogue;
  • Offering items for sale in a manner that circumvents Lamp Emporio’s fees;
  • Listings that circumvent Lamp Emporio’s fees are not permitted and will be ended.

Disciplinary action may result in indefinite/temporary suspension of a seller’s account or a formal warning. Lamp Emporio will consider the circumstances of an alleged offence and the seller's trading records before taking action.

Repeat Offences


If a seller repeatedly lists items that violate the policies described above, the seller is subject to suspension from the Website.

Prohibited & Restricted Items Policy

Before a seller lists an item, the seller needs to find out if the item is allowed on the Website and if the type of item is subject to certain restrictions to avoid potential issues with seller listing. As a seller, you are ultimately responsible for making sure that selling an item is legal under applicable law.

Violations of this policy may result in a range of actions, including:

  • Listing cancellation;
  • Limits on account privileges;
  • Account suspension; and
  • Loss of special status
When policy violations occur, Lamp Emporio may email the seller as well as the buyer that a listing has been ended. You may contact Lamp Emporio to report violations by sending an email.

 

Rules on Prohibited and Restricted Items

Policies about listing items are generally guided by the applicable law in force. However, many restrictions may involve the sale of dangerous or sensitive items and are not necessarily prohibited by law. The limitations are a result of the input by numerous stakeholders, including the community. Just because a particular type of item is listed below, it does not mean that it is completely prohibited. It is also important to respect third-party intellectual property rights and sellers must have legal rights to sell products they list.

Prohibited and Restricted Items List:*

 

Adult Material (see Mature Audiences policy) Alcohol, Wine or Liquor

Animal & Wildlife products or hides/skins/teeth, nails and other parts etc. of animals Antiques & Artifacts

Beta Software

Bootleg / Pirated Software’s

Catalogue & URL sales Used Clothing

Compilation & Information Media

Contact Information and User databases Contracts

Copyrights

Counterfeit Currency & Stamps

Downloadable media (Unless expressly permitted by Lamp Emporio) Drugs

Electronic Surveillance Equipment (Unless permitted by law) Event Tickets

Firearms, Ammunition, Militaria, Weapons and Knives Firearms, Explosives & Explosive substances

Games Software

Government ID’s and Licenses

Hazardous, Restricted & Perishable products Human Parts & Remains

Importation of Products - examples include CDs that were intended only for distribution in a certain country

Items Encouraging Illegal activities Misleading titles

Movie prints

Offensive Material

Police, Army, Navy & Air Force Related items Prohibited Services

Promotional Items Real Estate

Replica & Counterfeit items Ringtones

Stocks & other Securities

Stolen Property

Surveillance Equipment’s

Tobacco & related products Trademarks & Patents

Travel

Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free

Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection

Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items

Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content

Hacking and cracking materials which includes manuals, how-to guides, information,

Or equipment enabling illegal access to software, servers, watomites, or other protected property

Illegal products which includes materials, products, or information promoting illegal products or enabling illegal acts

Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes

Offensive products which includes literature, products or other materials that: a)

Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred

Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.

Pyrotechnic devices and hazardous materials which includes fireworks and related products; toxic, flammable, and radioactive materials and substances

Regulated products which includes air bags; batteries containing mercury; Freon or

Similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines,

Surveillance equipment; products regulated by government or other agency specifications

Securities, which includes stocks, bonds, or related financial products

Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products

Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products

Wholesale currency which includes discounted currencies or currency exchanges Multi-Level Marketing collection fees

Matrix sites or sites using a matrix scheme approach Work-at-home information

Drop-shipped merchandise

Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India. *The above list is merely indicative and not exhaustive. Lamp Emporio may at its sole discretion, amend or modify this list.


Multiple Accounts & Listing Policy

Sellers shall not be permitted to have multiple accounts on the Website. The restriction is being imposed in order to protect fraud against users at large. This policy is important to ensure standards and rules regarding performance, risk, and best practices as are applicable for each seller and shall result in ensuring a safe and positive experience on the Website. Further, buyers need to compare different items to make smart and informed purchasing decisions. The duplicate-listings policy is designed to ensure sellers don't list in a way that clutters the buying experience and hurts the overall marketplace. Sellers can't have more than one listing of an identical item at the same time.

Violations of this policy may result in a range of actions, including:
  • Listing cancellation;
  • Limits on account privileges;
  • Account suspension; and
  • Loss of special status.

These restrictions on duplicate listings include listing an identical item in different categories or listing an identical item using different display names. Listings are considered duplicates if they are for items that have no significant differences between them. To avoid your listings from being treated as duplicates, make sure you clearly show the differences between items in the titles, descriptions, prices, photos, product IDs, item specifics, or parts compatibility areas of a listing. Lamp Emporio may also look at other parts of the listing to determine whether it's a duplicate. If the differences between the items you're selling aren't obvious in the search results, your listings may be treated as duplicates and will be subject to the consequences outlined above.

Third-Party Intellectual Property Policy


Lamp Emporio is committed to protecting the intellectual property rights of third parties and providing its sellers with a safe place to trade. Infringement is the unauthorized use of other people’s intellectual property – like copyrighted material and trademarks and the same is not permitted on the Website.
 
Rules that affect what you can sell on Lamp Emporio

The following items are restricted or prohibited because they would potentially infringe on intellectual property rights.
  • Replica and counterfeit Items
  • Faces, names and signatures and autographed items
  • Media - movie prints (35 mm, 70 mm), bootleg recordings, recordable media, promotional copies and digitally delivered products (unless specifically permitted by Lamp Emporio),
  • Software including academic software, beta Software, OEM software,
  • Equipment that would support unauthorized copies including mod chips, game enhancers, and boot discs.
Rules that affect how you list items for sale

In an item listing Lamp Emporio user cannot:
  • Encourage or enable others to infringe copyrights, trademarks, or other rights.
  • Use Lamp Emporio Intellectual Property (including use of the Lamp Emporio name, logo or linking to the Lamp Emporio Website except as stated in ToU).
  • Include authenticity disclaimers or deny responsibility for the items offered in their listings.
  • Use another seller’s item description or picture without the seller’s permission

 

Copyright, Trademark, Bootleg Recording , & Your Listing Policy


Listings that infringe third-party Copyright or Trademark are prohibited. Infringing listings or selling or buying any of these items could put sellers at risk for civil or criminal liability. Your listings could be ended early and your account suspended on the Website.

Creators of web content have copyright, trademark, and other rights in the material they create. Copying, modifying, and possibly linking to content created by others could expose sellers to a legal liability.


No copying allowed: When you prepare your listings, you should use only the material (text, photographs etc.) and trademarks/names that you have created, own yourself, or have licensed from the owners.

No unauthorized linking to photos: You cannot link to somebody else's picture (so that it appears in your listing) without the owner's permission.

If you copy someone else's text or original photograph, or copy text or photographs from any other place, you may be committing copyright infringement. Owners of the content may be able to request the ending of your item listing through FIV.

 

No Confusing Listings

If sellers sell a branded product, they can probably show a picture of the product and refer to the company by name but cannot do so in such a way that suggests their listings are approved, sponsored, or endorsed by the manufacturer/brand. Also, sellers must be careful not to sell products bearing the brand name of a company which did not make the product.

You may find that your image or description text has been used by other sellers in their listings. To report the unauthorized use of your copyrighted image or text, contact
Lamp Emporio. Be sure to include the item number of the listing containing your copyrighted material in the body of the email to us. Please also explain exactly how your rights have been violated. Remember that you can report a violation only if you have copyright over the content in question, such as a picture you took yourself. If you have obtained the image from a public domain, you are not likely to have any rights over it.

Bootleg recordings are unauthorized recordings of concerts or live performances. Sellers are not permitted to list bootleg recordings on the Website. Violations of this policy may result in a range of actions, including:
  • Listing cancellation
  • Loss of special status
  • Account suspension

Please also read ‘Third-Party Intellectual Property Policy’ above.

Replacement Guarantee Policy


The Replacement Guarantee seeks to assist buyers who have been defrauded by sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product(s) any defect is found, then the buyer of the product(s) can ask for replacement of the product(s) from the seller.

If Lamp Emporio has suspicion or knowledge that some users are involved in any activity that is intended to provide information or claims that are false, misleading, or not genuine, then Lamp Emporio may, while reserving its rights to initiate civil and/or criminal proceedings against users and at its sole discretion, suspend, block, restrict, or cancel the right of the users to use the Website and/or disqualify users from availing themselves of any protection through this program.

Lamp Emporio reserves its right to initiate civil and/or criminal proceedings against a user who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Lamp Emporio may, at its sole discretion, suspend, block, restrict, or cancel the display name (and its related display names) of such a seller and/or disqualify that seller and any related sellers from availing themselves of protection through this program. Any person who, knowingly and with intent to injure, defrauds, deceives, or files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For qualified sellers, refer to Cancellations and Returns Policy for more details.

Returns

Definition: Return is the action of giving back the item purchased on the Website by a buyer to the seller. The following situations may arise:
  • Item was defective
  • Item was damaged during shipping
  • Item was missing
  • Wrong item was sent by the seller
  • Return could also result in refund of money in most of the cases.

 

Points to be noted:
  • You can always accept a return irrespective of the policy.
  • If you disagree to a return request, the buyer can file a dispute under. Buyer Protection Program (refer to Buyer ToU for more details)

We encourage buyers to review the listings before making their purchase decisions. In case a buyer orders a wrong item, the buyer shall not be entitled to any return/refund.

Seller Non-Selling Policy


It is not permitted for a seller to refuse payment acceptance or fail to deliver an item at the end of a successful sale.

If a violation of this policy is reported to us, Lamp Emporio will consider the alleged offence and the seller’s history before taking action.

A violation of this policy may result in a formal warning to the seller or temporary/indefinite suspension of account.

 
Listing Cancellation & Account Suspension Policy

There are two reasons why your listing may be cancelled or account suspended:
  • A violation of the ToU
  • A serious violation of one or more of Lamp Emporio’s policies

 

If your listing is cancelled or account is suspended, we'll notify you by email, phone, or other modes of communication about the reasons for cancellation of listing or suspension of your account, as the case may be.

If you have not been notified about the listing cancellation or suspension of your account, contact us for more information.

Reinstatement of your listing or account shall be dependent upon the nature of violation and solely at the discretion of Lamp Emporio. 



Search Manipulation Policy

Search manipulation is any practice that results in searches on the Website returning irrelevant listings or that otherwise inhibit a User's ability to accurately locate specific items. It shall be a violation of Lamp Emporio’s policy and may result in listing removal or account suspension. This violation most often consists of the use of brand names or other inappropriate ‘keywords’ for the purpose of gaining attention or diverting users to a listing. Search manipulation is unfair to Users who may be searching for a specific item and receive inaccurate search results. Certain uses of brand names may also constitute trademark infringement and could expose sellers to legal liability.

Types of Search Manipulation

Keyword Spamming

Keyword spamming is the practice of including brand names or other inappropriate ‘keywords’ in a title or description for the purpose of gaining attention or diverting users to a listing. Keyword spamming is unfair to users who may be searching for a specific item and receive search results of listings not related to the item. Users often confused and frustrated by such tactics.

Lamp Emporio Rule(s) -- All words used to describe an item, whether in the title, description of the item page, or any other way that may be found using search, must be strictly related to the item being sold. In addition, items contained in a listing as bonuses or gifts may not be described in the title.

Hidden Text -- Sellers shall not be permitted to include hidden text (for example ‘white on white’) or source tags (meta or header tags). Keywords ‘hidden’ within the title, description, or through other means are not allowed. Such deliberate attempts may result in account suspension without prior warning.

Brand Name Misuse -- Do not include any brand name or company logo in your listing other than the specific brand name used by the company that has manufactured or produced the item you are listing. Certain uses of brand names may also constitute trademark infringement and could expose you to legal liability. Sellers are permitted to use third-party company logos only if they have the license or permission to use such logos.

Comparisons -- Do not compare items in your listings or titles. On the Website, sellers are not permitted to make comparisons between items in a listing title.

Misleading Titles -- Make sure your title accurately describes only the actual item or items you offer for sale. If your title contains a word or phrase that does not seem to belong to the item(s), make sure it is clear from your description why you included that word or phrase in the title.

Warning: Listings that include unrelated brand names or logos may be ended early by Lamp Emporio. Multiple violations of Lamp Emporio’s policy could result in the suspension of your account.

Fee Policy

Lamp Emporio collects the amount, including the item and shipping price, paid by a buyer for any transaction made. Lamp Emporio deducts as selling commission a percentage of the item price, shipping charges, plus a fixed per-item fee (herein after referred to as “Fee”). Lamp Emporio shipping rates apply to all items sold.

Non Payment: Lamp Emporio reserves the right to issue a warning to you or temporarily/indefinitely suspend/ terminate your account on the Website and/or refuse to provide you with access to the Website in case of non-payment of fees by you to Lamp Emporio. Lamp Emporio also reserves the right to take legal action in case of non-payment of fees by you to Lamp Emporio.

Payment Surcharges

Sellers may not charge buyers an additional fee for their use of ordinary forms of payment, including electronic transfers or credit cards. Such costs should be built into the price of the item -- this policy reduces the potential for confusion among buyers about the true cost of an item. Further, some forms of payment surcharges, such as credit card surcharges, are prohibited by law or under the issuing institution's rules and regulations for merchants. However, sellers may charge buyers for reasonable shipping and handling fees provided the payment of these fees by buyers is disclosed upfront in the listings. Shipping and handling fee can cover a seller's reasonable costs for mailing, packaging, and handling the item. Shipping and handling fees cannot be listed as a percentage of the final sale price.

Lamp Emporio shall raise an invoice on the seller on every 10th, 20th and 28th/30th/31st (last day of the month, as appropriate) towards Fee due and payable by the seller to Lamp Emporio. For all sales concluded by seller on the Website between 1st to 10th, invoice will be raised by Lamp Emporio on 10th of the same month; for all transactions concluded between 11th to 20th, invoice would be raised by Lamp Emporio on 20th of the same month; and for all transactions concluded between 20th to 28th/30th/31st (last day of the month, as appropriate) invoice would be raised by Lamp Emporio on 28th/30th/31st (last day of the month, as appropriate). Essentially, Lamp Emporio will invoice the seller 3 (three) times in a month, i.e. 10th, 20th and 28th/30th/31st. Payments towards such invoices shall be deducted by Lamp Emporio from the Seller remittances or if there is no monies to the credit of seller account, in such event, seller shall be liable to pay such Fee to Lamp Emporio within 7 days from the date of the invoice.

 


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