Welcome to TotallyIndian. These Terms of Service ("Terms") govern your access to and use of the website totallyindian.com and any related services, features, content, or applications offered by us (collectively, the "Website"). The Website is owned and operated by Teztrade Exports Private Limited, a company incorporated in India under the Companies Act, 2013, having its registered office at D5/527, Ashray Co-Op Soc Ltd, Sector No. 05, Charkop, Kandivali West, Mumbai, Maharashtra, India – 400067, and operating under the brand name "TotallyIndian" ("TotallyIndian", "we", "us", or "our").
By accessing, browsing, registering on, or placing an order through the Website, you ("you", "your", "Customer", or "User") agree to be bound by these Terms, our Privacy Policy, Return Policy, Shipping Policy, and any other policies referenced herein. If you do not agree with any part of these Terms, you must not use the Website.
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.
By using the Website, you represent and warrant that:
We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion.
To place an order, you may be required to create an account. You are responsible for:
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.
We make reasonable efforts to ensure that product descriptions, images, specifications, ingredients, weights, dimensions, colours, and prices displayed on the Website are accurate. However:
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:
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.
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.
For all shipments, you (the recipient) are the Importer of Record in your country.
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.
All content on the website including but not limited to the "TotallyIndian" name, logo, trademarks, service marks, trade dress, domain name, page layouts, design elements, graphics, illustrations, icons, photographs, product images, audio clips, video clips, written content, product descriptions, copy, taglines, source code, object code, software, databases, and the overall look-and-feel of the Website (collectively, the "TotallyIndian Content") is the property of Teztrade Exports Private Limited or its licensors, and is protected by Indian and international copyright, trademark, trade dress, patent, and other intellectual property laws.
Nothing on the Website shall be construed as granting any licence or right to use any TotallyIndian Content without our prior written permission.
The product images, photographs, lifestyle imagery, descriptions, copy, and creative assets displayed on the Website are either:
You may not, without our prior express written consent:
Automated access to the website including but not limited to scraping, crawling, harvesting, or use of bots, spiders, or similar tools is strictly prohibited without our prior written authorisation.
Trademarks, brand names, and logos of products sold on the website that are owned by their respective brand owners remain the property of those owners. Their appearance on the Website is solely for the purpose of identifying the products offered for sale and does not imply any sponsorship, endorsement, or affiliation by those brand owners unless explicitly stated.
You agree that you will not:
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.
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.
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.
To the maximum extent permitted under applicable law:
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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:
For any general queries, complaints, or feedback, please write to us at [email protected].
By using the Website or placing an order, you acknowledge that you have read, understood, and agreed to these Terms of Service.
If you submit reviews, ratings, comments, photographs, suggestions, or any other content to the Website ("User Submissions"), you grant TotallyIndian a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable licence to use, reproduce, modify, publish, translate, distribute, and display such user submissions in any media and for any purpose, including marketing and promotional use, without any obligation to compensate you. You represent and warrant that you own or control all rights in your User Submissions and that they do not infringe the rights of any third party.
If you believe that any content on the Website infringes your intellectual property rights, please write to us at [email protected] with details of the alleged infringement, proof of ownership, and your contact information. We will investigate and respond appropriately.
