Terms and Conditions
By signing up for Swadeship (referred to as “Swadeship.com” or the “Website”), customers agree to the following Terms and Conditions (referred to as “Terms” or “Agreement”):
Service Usage: Swadeship.com’s services are intended for international customers (outside of India) purchasing products (“Items” or “Merchandise”) from sellers or merchants in India. Customers authorize Swadeship.com to charge their payment method for any future services according to Swadeship.com’s pricing schedule.
Modification of Terms: Swadeship.com reserves the right to change, modify, or alter any terms and conditions at its sole discretion. Customers are responsible for periodically reviewing Swadeship.com’s Terms and Conditions. Continued use of Swadeship.com’s services constitutes acceptance of any revised terms and conditions. If customers disagree with any modifications, their only recourse is to cease using Swadeship.com’s services.
Use of Uploaded Information: Customers agree that Swadeship.com has the right to use, reproduce, copy, modify, publish, distribute, perform, and display any information uploaded by customers (in whole or part) on a public basis, provided such use is in accordance with Swadeship.com’s Privacy Policy.
Record of Importer: Customers acknowledge that they will serve as the Importer of Record into the destination country for all transactions conducted using Swadeship.com’s services.
Service Terms
Unique ID Number: Upon signing up for Swadeship.com, customers will receive a unique ID number to identify packages at Swadeship.com’s facility. This ID must be included with other key information when purchasing products from online merchants. Customers must ensure that all merchants and sellers mark packages with the complete and accurate address, including the customer’s unique ID number. Failure to do so may result in extra handling charges or the return/disposal of items, as per Swadeship.com’s fee schedule.
Export Agent Role: Swadeship.com acts as an agent for export purposes, receiving and handling customers’ products. Services include sorting, consolidating (if requested), re-packing (if requested), storing, and exporting. Swadeship.com arranges export to the customer’s specified local address via an unaffiliated service provider (freight forwarder/carrier). Swadeship.com representatives will open all packages upon arrival. Customers grant Swadeship.com written authorization to act as their agent for preparing shipping documents, Certificates of Origin, EEI via AES, airway bills, and other export documents. Customers are solely liable for providing accurate information required by laws and regulations.
Customer Responsibilities: Customers must provide correct product category, description, number of units, and total invoice amount for exported products. If needed, customers must send Swadeship.com a commercial invoice for customs clearance. Customers are responsible for all import obligations in the destination country. Incorrect local addresses may incur re-routing charges. Swadeship.com reserves the right to charge customers’ payment methods or dispose of items if customs fees are unpaid or if customers are unresponsive for more than 7 days after items arrive in the local country. Customers must provide the true and accurate price paid for items if not listed on the merchant’s invoice. False or fraudulent statements may result in civil and criminal penalties.
Shipping Costs and Storage: Shipping costs are based on the greater of actual weight or dimensional weight, calculated according to the freight forwarder’s terms. Swadeship.com allows 30 days of free storage. After 30 days, storage fees apply per box per day. Unpaid storage fees may result in item disposal or donation to charity. Prohibited or restricted items are not storable and will be rejected, forfeited, disposed of, destroyed, or provided to government officials. Customers forfeit title to any items that cannot be exported after arrival at Swadeship.com’s facility. Customers must purchase items in a manner that transfers title to them before arrival at Swadeship.com’s facility and bears the full cost and risk of moving goods to Swadeship.com’s facility.
Accountability: Swadeship.com is not responsible for items stolen from the customer’s doorstep or delivered to the wrong address by local couriers. Customers are responsible for complying with merchant terms and conditions of sale. Swadeship.com is not responsible for merchant actions regarding customer orders. Customers must inform merchants that items sent to Swadeship.com’s facility will be exported out of India and ensure merchants provide export classification and necessary export licenses. Items requiring an export license must not be shipped to Swadeship.com by the merchant.
Fraud Prevention: Swadeship.com works diligently to prevent credit card fraud and ensure security. Accounts involved in fraudulent activity will be canceled, and outstanding items returned to the merchant. Swadeship.com may request documentation, such as identification and credit card copies, to prevent fraud. Providing false or fraudulent information may result in civil or criminal penalties.
Prohibited and Restricted Items
The following items are restricted, cannot be exported, or may require an import license, additional documentation, and/or cause delays during customs review:
- Acidic
- Caustic
- Combustible
- Communicable
- Compressed Gas
- Corrosive
- Explosive
- Flammable
- Infectious
- Inflammable
- Poison
- Radioactive
- Refrigerated
- Toxic
- Volatile
Software / Data
Customers are responsible for any software and/or data on used electronic equipment and must comply with import and export laws and regulations. Swadeship.com is not liable for the loss of any software and/or data.
Export and Import Law Compliance
Customers are responsible for complying with all applicable laws, rules, and regulations, including import and export laws and government regulations of any country involved in the shipment. This includes determining and meeting all import and export obligations and license requirements of the destination country. Customers represent and warrant that:
The recipient of any item(s) exported by Swadeship.com is the end user of the item(s) requested for export, or if reselling, the customer can identify the end users and provide Swadeship.com with requested information.
Any item(s) requested for export by Swadeship.com will be used in the destination country.
The customer will not re-export the item(s) to a different destination.
Customers must ensure all activities comply with applicable laws governing the export, import, and provision of goods and services in India and other relevant jurisdictions, including laws on embargoes, sanctions, and boycotts, the Arms Export Controls Act, the Foreign Trade Regulations, and related rules and executive orders.
Resellers must:
Ensure items purchased for resale are sold or distributed by their organization in compliance with applicable laws.
Comply with laws governing the export, import, and provision of goods and services in India and other relevant jurisdictions, including laws on embargoes, sanctions, and boycotts, the Foreign Trade Regulations, and related rules and executive orders.
Not use, transfer, re-export, resell, or dispose of any item(s) exported using Swadeship.com’s services to any prohibited destination, end-user, or end-use under Indian law.
Recognize that items exported using Swadeship.com’s services are subject to the Export Administration Regulations of the Government of India.
The consignee/buyer authorizes Swadeship.com to export goods on their behalf and agrees that Swadeship.com may delegate this obligation to a subcontractor (e.g., customs broker). The consignee will pay the taxes and duties in addition to the purchase price of the goods.
Indemnification
Any use in contravention of this provision or any part of this agreement is at the Customer’s own risk. If any part of this agreement is found to be invalid or unenforceable under applicable law, the invalid or unenforceable provision will be replaced by a valid, enforceable provision that closely matches the intent of the original provision. The remainder of the agreement will continue to govern such use.
The Customer agrees to remain liable for and to indemnify, defend, and hold harmless Swadeship.com and its shareholders, officers, directors, agents, partners, employees, and independent contractors from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including legal charges and court costs) arising from the execution of this agreement or the consummation of the transactions contemplated herein. This includes, but is not limited to, claims arising from or relating to:
Any negligent action or omission by the customer or any of the customer’s employees, contractors, agents, or any other person acting under the customer’s supervision or control, before, during, or after the date of this agreement.
Any inaccuracy or breach of any representation or warranty made by the customer in this agreement or any other document or instrument executed or delivered by the customer in connection with this agreement.
Any breach or non-performance of any covenant or agreement made by the customer in this agreement or any other document or instrument made by the customer in connection with this agreement.
Swadeship.com’s preparation, determination, or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from gross negligence or willful misconduct of Swadeship.com.
The customer providing Swadeship.com with any incomplete or false information.
The customer’s failure to comply with the terms of this agreement or any jurisdiction’s law applicable to the exportation or importation of shipments.
The customer acknowledges that these provisions are a material inducement for Swadeship.com to enter into this agreement and the transactions contemplated herein, and these provisions shall survive the termination of this agreement.
Inflow of Goods
The content of parcels shipped to our designated address must not contain any suspicious, prohibited, or unlawful items as per Indian law or the laws of any jurisdiction from which the parcel will be shipped. Swadeship.com retains the right to open incoming deliveries (parcels and items received on behalf of the customer), inspect the items, re-pack the parcels, or decide on the appropriate action if the items are found to be prohibited.
Any unlawful activity or request for the use of our services, including but not limited to purchasing, storing, or forwarding, will be reported to the relevant legal authorities in the jurisdiction and/or the country where the buyer or their order originated, transited through, or was shipped. This referral may include, but is not limited to, the Police, Customs, or Central Narcotics Bureau, as well as any relevant governmental or government-related authority/agency in any country.
Such items may be withheld or handed over to the concerned authorities, and the customer’s full personal information and profile will be shared with the concerned authorities when necessary. Swadeship.com will not be liable for any such occurrences, and there will be no refund or compensation even if payment has been successfully completed.
User Account
To use certain services from Swadeship.com, you (the customer) may need your own Swadeship.com account. You may be required to log in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our services only with the involvement of a parent or guardian. Swadeship.com reserves the right to refuse service, terminate accounts, terminate your right to use Swadeship.com services, remove or edit content, or cancel orders at its sole discretion.
Providing incorrect information such as name, address, or contact number, or falsifying such information, misusing information, or the identity of another natural or legal person is strictly prohibited. If we suspect misleading information or transactions, we may cancel or suspend your account without notice and report to the necessary legal authorities or sellers. In such cases, we reserve the right to refund any payments made. Swadeship.com also reserves the right to reject any incoming package and will not be liable for any charges incurred by the seller or buyer. Full liability for purchases lies with the actual buyer.
Refund and Cancellation Policy
Swadeship.com offers Shipment Protection Insurance to cover the value of shipments against loss or damage, provided the customer pays the applicable premium. This insurance does not cover indirect loss or damage, or loss or damage caused by delays.
Coverage for international shipments is available from the time they are loaded onto or off an international flight. Domestic or inland transit coverage is not automatically included but may be obtained on a case-by-case basis.
Swadeship.com will make every reasonable effort to deliver shipments according to its regular delivery schedules. However, these schedules are not binding and do not form part of the contract. Swadeship.com is not liable for any damages or loss caused by delays.
Return Service
Swadeship.com facilitates returns on behalf of its customers but does not control the seller’s return policy terms and refunds. Customers must handle return requests directly with the seller. Swadeship.com will assist in returning the goods to the delivery person.
Returns can only be facilitated for goods that have not been shipped to the customer’s international address. If the customer wishes to return a product after it has been delivered to their international address, they must send the product back to the Swadeship.com's warehouse at their own expense. Swadeship.com can further assist in returning the item only if the seller supports the return.
Seller Return Policy
When you request a return service from Swadeship.com for an order from a seller, Swadeship.com facilitates shipping the item back to the original seller. While most sellers offer a return policy, some may not accept returns. Customers should review the seller’s return policy before making a request to Swadeship.com by checking the Returns and Refunds Policy section on the seller’s website.
Some sellers may charge additional costs for returning items, such as shipping and handling fees. These costs are the responsibility of the customer.
Refund(s)
Swadeship.com customers have two options for refunds from sellers:
Wallet: The refund amount is held in the Swadeship.com dashboard wallet. Customers can use it for future shipping costs and fees, minimizing foreign transaction fees and exchange rate fees based on the payment method.
Direct Refund: Swadeship provides a refund to the customer after applying the currency exchange rate and fees, and deducting transaction fees based on the payment method.
Non-Refundable Costs:
Currency conversion fees charged by online payment systems such as PayPal, Wise, or your credit card issuer.
Credit card/payment system transaction fees.
Floating exchange rates.
Non-Returnable Items
In cases where items cannot be returned (due to expired return dates, seller refusal, or other reasons), Swadeship.com offers the following options:
Shipping to a Local Address: Ship the items to a local address in India provided by the customer, at an additional cost.
Donation Assistance: Help with donating the items.
Disposal Assistance: Assist with discarding the items, with written permission from the customer.
Refund Policy: Swadeship.com cannot provide refunds on behalf of the sellers. If the seller does not accept the return, the customer can choose from the above three options, but no refund will be issued by Swadeship.com.
Cancellations
If a customer requests an order cancellation, the process for returns and refunds depends on the seller’s cancellation policy.
Cancellation Before Shipping:
If the cancellation request is made after payment to Swadeship.com but before the order is shipped, the payment will be refunded to the customer minus the following costs:
Currency conversion fees charged by online payment systems (e.g., PayPal, Razorpay) or your credit card issuer.
Credit card/payment system transaction fees.
Floating exchange rates.
Cancellation in “Shop for Me” After Order Placement:
If the seller accepts the cancellation request:
Upon cancellation confirmation from the seller, the payment will be refunded to the customer minus the following
Conflicts of Law
This Agreement and all related disputes shall be governed by the laws and regulations of India, including those of any Indian agency, without applying conflict of law principles that would result in the application of any state law or regulation other than those of India.
Jurisdiction and Venue:
The parties consent to the exclusive jurisdiction and venue of courts in India for all disputes between them.
The parties waive any claims that such jurisdiction and venue are improper or inconvenient.
Waiver of Jury Trial:
In all lawsuits to enforce or interpret this Agreement, the parties waive their rights to a jury trial.
The prevailing party in such actions shall recover costs and expenses, including attorneys’ fees, expert fees, and consultant fees, from the other party.
Enforcement of Judgments:
Notwithstanding the jurisdiction and venue restrictions, the party in whose favor a judgment is entered shall be entitled to enforce that judgment in any jurisdiction and venue.