Terms and Conditions

Entire Agreement

Users are advised to carefully go through these Terms. These Terms together constitute a legally binding contract (“Agreement”) between You and Hapell in connection with use and/or access of our Application. This Agreement sets out the Terms under which the User(s) (hereinafter defined) is/are permitted to access and/or use the Application and the Services available there under.

Interpretation and Definitions

Interpretation:The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural and shall be interpreted to be gender neutral.

Definitions:For the purposes of these Terms of Use:

• Auction:Auction shall mean Sale of a Lot through bidding process on Hapell website.

• Base Price:Base Price is the listing price as reflected for a Lot put for auction at the start of the auction.

• Bid and Bidder:Bid is an offer of payment for a Lot listed for auction on this website. Bidder is the person, natural or legal, making such an offer of payment.

• Buyer:Buyer shall mean and include any person purchasing any item, including Tangible or Intangible Item from Hapell website through Auction or direct sale as the context provides.

• Celebrity:Celebrity shall mean and include any person belonging to the relevant categories such as Film Industry, Sports, Professionals, Academicians, Record holders etc. or as designated so by Hapell.

• Commission:Commission shall mean pre-decided share designated for Hapell out of the Hammer Price of a Lot.

• Definitive Agreement:Definitive Agreement shall refer to an Agreement between the Company on one part and the Seller on second part, identifying the Item(s) of Significance of a Lot listed for sale through auction at Hapell.

• Donation:Donation of an item to the winner of Spin Wheel draw out of the voluntary contribution received from a Donor, who may or may not be a Celebrity.

• Hammer Price:Hammer price shall mean the amount of final accepted bid.

• Items of Significance:Item of Significance mean and include items having significant connection or direct relevance to a Celebrity through ownership, endorsement or otherwise.

• Lot means a specific item or collection of items put for Auction as listed on this website.

• Sale:Sale shall mean and include the sale of Lot for Items of Significance through auction and Sale of otherwise listed items through direct sale.

• Seller:Seller shall mean and include a person offering a Lot/item available for sale on this website on the basis of personal ownership or other conferred right in respect of such Lot/item., provided Hapell shall remain only in the capacity of intermediary for any Lot made available for Sale by any other person than Hapell itself.

• Spin Wheel Draw:Spin Wheel Draw shall mean donation of certain items through spin the wheel process on Hapell website, wherein the items listed for such donation are made available by the voluntary contributions received from a Donor.

• Tangible and Intangible Items:Tangible and Intangible Items include items of significance, coins, stamps and other as made available for Sale on this website.

• Total Sale Price:Total Sale Price shall be the Hammer price plus any taxes, fee etc. as decided by Hapell.

• User:User shall include any visitor, user, the Seller, the Buyer, as the context may require on this website, generally referred to in Second Person herein.

Process of Auction

• Auction Procedure

  • The auction procedure shall start with the listing of a Lot with a designated Base Price marked. Auction may start immediately on listing or as reflected in the information of listing.

  • The Lot of the Auction comprises item/items “as received from Seller” with associated “defects” and hence cannot be replaced/returned.

  • To participate in the Action, a Bidder must register for the auction and pre-deposit the registration fee as decided by Hapell for each auction to ensure a place in the bidding process.

  • At the opening of the auction process, the listing Lot shall start reflecting the highest bid at a given time. There may be a minimum increment amount for any fresh bid over the highest bid at the point, as shall reflect at the listing.

  • The beginning, end and course of an auction shall be controlled by Hapell. Hapell reserves the right to cancel or alter scheduled auctions. In exceptional cases, Hapell shall be entitled to invalidate auctions without giving reason, without a legal claim ensuing on the User's part. Invalidation may take place before or during an auction.

• Placing Items for Auction

  • The Lot for Auction shall be placed in the appropriate category, with a correct and complete written and illustrated description based on the information received on the Definitive Agreement. This shall include a description or an accurate indication of all the essential properties, specifications and/or features required to make a purchase, and any defects i.e. be a truthful statement of its actual condition. Furthermore, the Seller must give Hapell full and complete information as to who owns the Lot under auction, the owner's right to put it up for auction, and the details of billing, payment and collection of the Lot.

  • The actual appearance/photograph/impression/images of the item(s) in a Lot may vary from what is posted on the Website. The description and images used must not violate third party rights and must refer solely to the Lot under auction (original photographs). Descriptions, drawings and photographs may not contain any advertising for anything other than the Lot under auction, and especially not include links to a personal website, telephone numbers, etc.

  • Where Hapell is the Seller, Items being sold will be described by a contract partner or service provider, without Hapell conducting a second appraisal.

• Bidding Rules, Binding Period

  • The Bidder shall be able to take part in the Auction after registration for bidding within the bidding period as decided by Hapell on payment of pre-deposit fee for that auction subject to approval of the Hapell. All offers shall be gross amounts. Should two bidders offer the same price, the first bid to be entered shall be considered the higher.

  • The Bidder's bid shall be binding until invalidated by a higher bid. Should the Bidder not be outbid, the offer shall remain valid for a designated period following the end of the online auction.

  • Bids already submitted may not be lowered or invalidated. All submitted bids will be registered and stored by Hapell. Hapell shall resolve any uncertainties that arise regarding bids in a manner binding for all the contracting parties.

  • Winning Bidder shall make the full payment of invoice within 72 hours from the closure of the Bid.

  • In case of refusal of complete payment or refusal to accept delivery of the Lot by the winning Bidder, the pre-deposited Registration Fee shall be forfeited and the offer shall be transferred to the next biggest Bidder.

Process of Direct Sale

• Sale of Items listed for direct sale on the Website shall be done at the price as reflected on the website. Any delivery fee or tax shall be reflected in the final price at the time of check out of the Sale.

• Registered user shall be able to add such Item(s) available for direct sale into their account cart and proceed for payment.

• Payment for Direct Sale may be done through various mode of payments as shall be reflecting at the checkout page.

Process of Spin Wheel Draw

• Spin Wheel Draw of Hapell is provided to make various items made available for Donation to persons in need through a lucky draw based on spinning the wheel.

• The participants of the Spin Wheel draw shall be the persons with disability. The Participation in the Spin Wheel Draw shall be subject to submission of handicap certificate, disability certificate or any such proof to the satisfaction of Hapell.

• Hapell owns and controls the algorithm behind the “Spin the Wheel” segment wherein a beneficiary shall be chosen randomly on the basis of spinning the wheel.

• Such Items for donation shall be made available through voluntary contributions out of the auction of celebrity Lots and from various other sources.

• Participants may participate to try for the Item made available for lucky draw after creating an account on the website and shall virtually spin the wheel once a day per account. Lucky winner shall be chosen randomly through the algorithm and the designated item shall be donated to the beneficiary.

• Hapell may deliver the Item to such beneficiary directly or shall make the Item available for pick up at the cost of Hapell.

Terms of Sale

Website provides virtual platform for Selling/Buying celebrity items/ stamps/ coins and other Items of Significance through auction, Sell prosthetics, orthotics and assistive aids through Spin Wheel Draw or Direct Sale.

Categories of Articles:Following is non-exhaustive representative list of Items to be offered for Sale on the website:

• Film industry (actors, film director, film editor, dancers, choreographers, cinematographer, music composer, stunt director, singers, art director, still photographer, movie writers, makeup man, costume designers)

• Sports (athletics, football, sprinter, cricketers, hockey, badminton, shooting, wrestling, boxing, tennis, squash, weight lifting, table tennis, basket ball, volleyball, golf)

• Professionals (youtubers, instagram influencers, artist (painter), motivational speakers, spiritual guru, authors, industrialist)

• Academics (Indian Administrative Service (IAS), Indian Foreign Service (IFS), Indian Police Service (IPS), Indian Audit And Accounts Service (IA&AS), Indian Civil Accounts Service (ICAS), Indian Corporate Law Service (ICLS), Indian Defence Accounts Service (IDAS), Indian Forest Service (IFOS), Indian Audit And Accounts Service (IAAS), Indian Defence Estates Service (IDES))

• Record Holders (Guinness World Record, Limca Book of Records, Miss Universe, Miss India, Reality Show Winners, Dance India Dance, India's Got Talent, Dance Plus, Super Dancer)

• Coins, Stamps collectors

• Others

Pricing and Availability

• Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any Lot/Item(s) which you have ordered, we will inform You of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. Generally, payment once made are not refundable, however, if We cancel the Order and You have already paid for the Lot/Item(s) in the order, you will receive a full refund as provided in the Cancellation, Return and Refund Policy.

• Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Sale Price'.

Payment

Upon receiving your order through Auction/Direct Sale, We carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorisation being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the Lot/Item(s) you wish to purchase. Once the Lot/Item(s) have been dispatched and you have been sent the subsequent acknowledgement of dispatch, the monies paid as a deposit shall be used as consideration for the value of Lot/Item(s) you have purchased as listed in the subsequent acknowledgement.

Logistics

Hapell itself or through its logistic partner(s) shall handle and govern the logistics for the delivery of the Items auctioned/sold on its website on case to case basis as agreed between Hapell and its logistic partner. In case the delivery of sold items is handled by logistic partner, the logistic partner shall be liable for obtaining any transit insurance and shall hold good any damages/losses to Hapell for any harm to the items(s) in transit being handled by such logistic partner.

Insurance-in-transit

The logistic partner shall procure Insurance-in-transit for all the item(s) in transit being handled by the logistics partner, to the satisfaction of Hapell. The logistic partner shall make good of any damages/losses to Hapell due to any harm caused to the items during transit. Hapell, under exceptional circumstances and at its sole discretion, may arrange an insurance policy for any Item(s) as may find suitable for the period of dispatch from the Seller’s custody and till the same being received by the buyer or otherwise. No one except Hapell shall have any claim over the insured amount for the said period.

Tax

All the parties involved in the transactions on and off the Hapell website shall be liable to pay their own taxes. Any taxes on the sale including any taxes related to auction etc. shall be added to the Total Sale Price of the item(s) sold and shall be paid by the Buyer.

Warranties of Seller

• The Seller agrees and declares not to make any modifications to the Website, not to interfere in the operation of the Website and to utilize the Website in accordance with the instruction on installation and usage given by Hapell.

• The Seller shall comply with the description provided by Hapell on the features of the Website and the Terms herein, as well as all updates to those and shall be responsible for any claims due to its violation of them.

• The Seller shall not list/offer to sale Item that are illegal to sell on the Website or for which Seller does not possess legal right on such item(s) for sale.

• All responsibility for the above situations lies with the Seller and Hapell’s right to claim any damages together with its ancillaries from the Seller is reserved. Seller is obliged to compensate any kind of damages of Hapell at once and in full upon the first request in case Hapell has accrued any damages upon sale or obtainment of Item that are unlawful or in contradiction with the Hapell’s Terms.

• Seller is obliged to provide higher resolution content and images of its Item(s) to be displayed for Sale at Website. The Celebrity should also set up a Base Price for Auction. The Celebrity should also give a declaration with complete description of the Lot/Item(s) on Sale. In case Seller fails to provide information as per this paragraph, Hapell shall have the authority to reject to perform the transaction related to the Lot/Item(s) and service about which information has not been provided.

• Seller shall fulfill all its documentation obligations entailed by the tax regulations for each Lot/Item(s) and/or Service sold on the Website.

• Seller shall take the necessary measures for ensuring privacy and security of sensitive financial information as per the Privacy Policy. Seller shall not store, process or save Sensitive Payment Information and shall inform Hapell of any important security incident.

Warranties of Hapell

• Hapell reserves the right to block access to the Website and the Services for You, especially if the situations listed below arise.

  • - In case there is the risk of computer viruses against the Website,

  • - In case the You do not provide the information requested from it (including the information to be provided to the Buyer by the Seller himself) under the Agreement,

  In case of blocking of access, You shall not be able to use any of the functions in the Website or avail Services (return, reporting, Seller creation etc.).Access should be re-granted upon termination of such situation.

• Hapell shall have the right to suspend the access to Website, in case the situations listed in the paragraph above are not corrected within 3 days, or in case such situations repeat for more than once within 2 months by You. When the reason for suspension of access is corrected, Hapell shall re-open the Website for use following a security audit.

• Hapell shall have the right to audit the Item(s) before picking up for delivery. Also verify the handover of the Item(s) through any identity confirmation method, such as sharing OTP on verified mobile number.

• Hapell, shall provide the necessary constant maintenance, hardware and technical support for the Website to work seamlessly. In connection with this, Hapell reserves the right to temporarily stop or limit the relevant servers in circumstances expressly set forth in this Agreement. In such case, You shall have no right to compensation.

• Apart from the circumstances expressly set forth in this Agreement, Hapell shall put its best effort for the disruptions necessary for maintenance, update and similar purposes to happen in days other than workdays and in the evening or night hours (between 1 a.m. and 6 a.m.), however, in emergencies, disruptions may be made out of the designated days and hours. In such a case the Hapell shall notify You of the details about the emergency and disruption.

• Except for the emergencies, Hapell shall inform You beforehand with e-mail about disruptions so that the necessary measures can be taken.

• Hapell does not guarantee that the access to Website will be uninterrupted or that the Website will work continuously. Hapell shall process the payments on time, but it shall not be held liable for problems caused by the third party partners. However, it shall work to fix such problems as early as possible and be in contact with such third party partners.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Hapell will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Disclaimer of Liability

• The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and Trusted Partners and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, and greatest extent enforceable under applicable law in our Country and any Designated Country, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

• Without limiting the foregoing, the Company does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

• Although we endeavour to provide you uninterrupted Services, we constantly change and improve our Services which may affect the functionality of certain features including the addition and/or removal of certain features over time, suspension or deletion of certain feature/functionality and/or part of the Service. At any point of time, we may decide to STOP the Service as a whole.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Hapell and You should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Hapell.

Severability

If any part of the Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints and Grievance Redressal

• We handle complaints as per our internal grievance handling procedure through which we will try to resolve complaints as soon as possible.

• Any complaints or grievances with regard to breach of these Terms shall be reported through email atinfo@hapell.com. The reported Grievance will be acknowledged within 24 hours and shall be disposed within 15 days, provided that Your grievance is supported with the documentary evidence. The Company may direct you to submit additional documents to dispose off your complaint. You have the right to appeal against any action on your complaint or Content to the Company within 15 days of the action of the Company on the email provided below. The Company shall endeavour to resolve the same in an expeditious manner preferably within 15 days of receiving the appeal.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Dispute Resolution and Governing Law

• These Terms of Use shall be construed, interpreted and governed by the Laws of India and the Courts of Siliguri, West Bengal shall have the exclusive jurisdiction with regard to the subject matter of this Agreement.

• If You have any concern or dispute about the Services, You agree to first try to resolve the dispute, controversy or claim amicably by contacting the Company on the email provided below before initiating any litigation in Court.

• In case amicable settlement of dispute, controversy or claim does not work out, the dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of International Arbitration & Conciliation Act.

• The arbitral tribunal shall comprise of one arbitrator appointed by the Hapell and one by the Seller. The place of arbitration shall be Siliguri, West Bengal.

• The arbitral proceedings shall be conducted in English language and any award shall be rendered in cash/cheque. The award shall be binding on the Parties and the cost of arbitration shall be shared equally by the Parties.

Removal of Difficulties

If any part of these Terms of Use including the Privacy Policy, Cancellation, Return and Refund Policy is found ambiguous or in conflict with any other term or clauses, Hapell’s interpretation of the same shall be final and Hapell reserves the rights to amend the same as and when deemed fit.

Reviews and Feedback

You assign all rights, title and interest in any review or feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such review or feedback without restriction.

Our Contact Details

Our contact details are below:

Hapell Collections Private Limited

Carnival House, Malad East,

Near Dindoshi Fire Station, A K Vaidya Marg,

Mumbai, 400097. India

Email: info@hapell.com