Listing Policy - Sellers

General Seller Policy

Please read these conditions carefully (collectively referred to as the “Seller Policy”) before listing any product or Service for sale on the Direct Create Website/Application. By using the Direct Create website/application or digital platform, you signify your agreement to be bound by these conditions. If this Policy or any of its conditions is not acceptable to you, please do not use Direct Create or its affiliates’ website/application or software.

Direct Create Private Limited (Direct Create) owns and operates the DirectCreate.com website and Applications (“Website”, “Application”, “Platform”, “Marketplace”). Expressions like You/Your with grammatical variations and cognate expression refers to any user, visitor, members, Maker, Designer, Service Provider, Institution or party who visits, uses or in any manner transacts with Direct Create. Expressions – We/Our/Us with its grammatical variations and cognate expressions shall mean and include Direct Create Private Limited, and/or its affiliates, subsidiaries, holding companies or other entities in which Direct Create Private Limited is substantially interested, directly controls or be controlled.

In addition, to these terms when you use any current or future Direct Create’s Content/Service (eg. Marketplace, Meetups, Blogs etc.) ("Service"), you will also be subject to specific terms, guidelines and conditions applicable to that particular Service ("Terms"). If these Terms or any of its Conditions are inconsistent with such Terms, the specific Terms will take control.

This "Seller Policy" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Violation of the terms of this Notice constitutes an unauthorized use of the Direct Create’s site and Application/s and may give rise to an actionable cause/claim of Direct Create or its Affiliates against the violator.

Policy

These rules are an important and integral part of the Direct Create Seller Agreement (Business Solutions Agreement) and can help a Maker/Designer/Service Provider become a trusted, reputed and successful seller. So before listing your item, make sure you read, understand, and regularly check our policies (including the Listing Policy for Sellers, Copyright policy, Conditions of Sale, and the General Terms of Use) and all applicable laws and regulations on the sale of your item. This can help you avoid potential problems.

Our Seller policies are intended to:

  • Support laws and regulations;
  • Minimize risks to sellers and buyers;
  • Provide equal opportunity to all sellers;
  • Protect intellectual property rights;
  • Provide a more enjoyable buying and selling experience;
  • Support the values of the Direct Create community

Make sure your listing follows our guidelines. If it doesn't, it may be removed, and your buying and selling privileges could be limited.

Embargo Items: Prohibited, Restricted & Infringing items

Our policies on Embargo items are often based on regulatory and statutory requirements, although in some cases, they may also be based on input from our customers and our own discretion, especially for dangerous or sensitive items.

These items cover 3 main areas—prohibited, restricted, and potentially infringing items:

·      Prohibited items are not allowed to be sold on DirectCreate.com, often because they're illegal or involve strict regulations.

    • Chance listings that promote giveaways, random drawings, raffles, or prizes
    • Firearms, weapons.
    • Offensive material, which includes items that are racially or ethnically inappropriate.
    • Prohibited services, which include services that are illegal or sexual in nature or that violate the Direct Create User Agreement.
  • Restricted items can generally be sold on Direct Create but only under certain conditions that sellers are required to meet. Check our Current list of Restricted items from time to time. These are governed by regulatory restrictions, so they change often.
  • Potentially infringing items may be in violation of certain copyrights, trademarks, or other intellectual property rights. So some items are not allowed (even though they may be legal) because they often violate copyright or trademark laws. This also applies to certain types of information that appear in listings. Here are some examples:
    • Replicas, counterfeit items, and unauthorized copies;
    • Sellers can't deny or reject any knowledge of or responsibility for the authenticity or legality their items;
    • Sellers should use their own images and text. If you use images or text created by someone else be sure you have permission from the rights owner or creator.

To avoid creating listings that infringe upon intellectual property rights, read how Direct Create protects intellectual property in our Intellectual Property policy. You can also read our intellectual property FAQs.

Offering a prohibited, restricted, or potentially infringing item for free (rather than for sale) won't protect you from potential liability. This policy applies to makers/designers and service providers and buyers to the extent they use Direct Create content to share in their profile and social media.

Listing Best Practices

For a satisfying and fun experience on Direct Create, we're helping Makers and Desingers (sellers) list their items in the most effective ways possible. As a general rule, sellers have to:

  • Select a category that matches the item for sale.
  • Provide a clear, honest, and accurate description about the item.
  • Avoid tactics like keyword spamming because they make it hard for people to find what they're looking for.
  • Your item description and terms of sale cannot be included in an image. They must be separately specified in the listing hosted on Direct Create.

It's against our policies to do anything that manipulates the search or browse experience on Direct Create. This applies to all parts of a listing, including the title, subtitle, product details, description, pictures, links, and meta tags. If you use tactics that can inappropriately divert buyers or users to a listing, that will be considered as violation of the Terms of Use and we may take action.

Before listing items, be sure to read our search and manipulation clause to learn more about our guidelines on:

  • Brand names
  • Categories
  • Item details
  • Keyword spamming
  • Pictures
  • Text and other information
  • Titles

Direct Create’s profanity policy prohibits the use of:

·       Hateful, obscene, offensive, racist, sexual, or violent words in any public areas.

·       Offensive user IDs.

·       Profane language to describe an item for sale.

·       Profanity in a listing title or description.

Our rules prohibit using profanity in a listing or other community pages on Direct Create, HTML and JavaScript functions, or links outside of Direct Create. Be sure to read our rules for listings (Listing requirements/Policy) for information on how to list and describe certain items.

It's also important to stay in good standing with Direct Create fee payments. Sometimes sellers try to find ways to get around paying fees, or they do it by mistake. Be sure to read our policy about fee avoidance and ensure that that guidance are met at all times.

All content and Text in a listing should be original and/or free of any 3rd party copyright claims.

Text & content

As a seller (Maker/Designer/Service Provider), you're ultimately responsible for the legality of any item you offer for sale on Direct Create and the listing describing that item. If your item or listing violates Direct Create policy (Terms of use, Copyright/ Trademark Policy, Payment Policy or any other Terms and conditions) or is reported to Direct Create by an intellectual property rights owner as violating its rights, the listing may be removed from Direct Create. Direct Create has a Notice and takedown policy for reporting an intellectual property rights owner violation.

Creating compliant listings : The following are general guidelines to help you create listings that don't infringe the intellectual property rights of others. However, these guidelines aren't intended to constitute legal advice. Given the wide range of products available for sale on Direct Create, we can't be experts in the specific intellectual property concerns regarding each item, and can't offer brand-specific advice. If you have specific questions about the legality of your item, you should contact an intellectual property attorney. Please note that the guidelines apply not only to items you list but also to the content in your profile and Collections.

For the protection of the Direct Create community, we have policies regarding potentially infringing items and educational pages (FAQs) concerning copyrights, trademarks, and the use of images and text. Refer to Intellectual Property Rights Policy for these wordings.

Follow these guidelines when selling an item on Direct Create to help you create legally compliant listings:

(a)   Create your own listing content both pictures and text; (b) Make sure the statements in your listing are accurate;.(c ) Use brand names appropriately and only with permissions, if required; (d) Make sure your item is authentic (e) Before listing, any content that is not yours, contact the intellectual property owner with any questions about whether you can use the same or conditions upon which you can use it.

Create your own listing content

·       Don't "borrow" text or images (including photos) from other listings on Direct Create, manufacturers' websites, third-party product catalogs, or other sources without specific permission from the owner. Contrary to popular belief, simply because images and text can be found somewhere on the Internet, it doesn't necessarily mean that they aren't protected by copyright laws. Copyright laws apply to the Internet, and manufacturers or other copyright owners may object to the use of text or images that they own or have created.  

·       Write your own descriptive text for your listing and take your own photos.  

·       Read about our copyright policy and FAQs.

Make sure the statements in your listing are accurate

·       If you are reselling, make sure that all statements and claims in your listing are true and complete. Rights owners(designers/Artists) may object to listings that contain false, inaccurate, or misleading claims about their designs/products or services. If you're not sure if a statement you want to make is allowed or is true, double-check it and rely only on credible sources.

·       Your product should genuinely be the same as projected in the description/listing – viz. The craft technique you use, the raw materials, colours, tools and traditional techniques that are associated with your craft should have been followed in the making of the product. Eg. You can’t list a product which implies the use traditional vegetable dyes whereas the actual could have used chemical based dye or a technique which was not traditional.

·       Making sure your listing is accurate and complete will not only help you avoid intellectual property concerns, it will also help buyers understand what they're buying, eliminating miscommunications that might lead to a poor transaction and negative Feedback.

Use brand names appropriately

·       If you're selling a brand name (Maker/Designer/Artists/Organisation’s Brand) product, you can mention the brand name in your listing and include photos that you've taken of the item you're selling. However, don't suggest that you're an official dealer/reseller if you're not, and don't use the maker's/Designer’s text, images (including photos), or logo unless you're authorized to do so by the manufacturer.

·       Search manipulation (using unrelated brands in a listing title in order to attract people searching for those items) is another misuse of brands that isn't allowed on Direct Create.

Make sure your item is authentic

You can't list replicas, fakes, counterfeits, or other illegal copies on Direct Create. Eg. you can't list an item that bears the brand name or logo of a company/designer/artist that didn't make or authorize the making of the product. Under the law, it's no excuse to say that you didn't know the item you were selling was a counterfeit or a pirated copy. It's your obligation to investigate your source for the product and stand behind everything you sell.

Read more information about Direct Create's policy on replicas, counterfeit Items, and unauthorized copies in our Copyright Policy.

Before listing, contact the intellectual property owner with any questions

It's the seller's responsibility to make sure their items aren't infringing before listing them on Direct Create. If you're not sure whether your item is authentic, we encourage you to contact the intellectual property rights owner with any questions.

We don't and can't review the items listed on Direct Create prior to posting on our site, nor are we experts in the products or legal concerns of third parties. We can't pre-approve items to be listed.

Direct Create encourages intellectual property rights owners who report items through our Copyright/Content use Guidelines to explain their policies and procedures concerning infringing items.

Search & Manipulation

 

To create an effective listing that attracts buyers and complies with our policies, be sure to follow these guidelines:

  • Select a category that matches the item you're selling.
  • Provide a clear, honest, and accurate description of your item.
  • Don't engage in tactics like keyword spamming, because this makes it hard for people to find what they're looking for.

It's against our policies to do anything that manipulates the search or browse experience. This applies to all parts of a listing (see our HTML and JavaScript policy for more information). For example, the use of superscript, subscript, or other special characters (e.g., ™, ♥, ½) in the title, subtitle, item specifics, or other fields is not allowed. If a seller uses tactics that can inappropriately direct bidders and buyers to a listing, we may take action.

If you list several related items as a bundle, please make sure you select the appropriate category for the main product included in the bundle. You should also include the word "bundle" in the title and provide item specifics for the additional items. This will help ensure that buyers can find your bundle listing when they search and browse on Direct Create. Get more guidelines and learn how to improve your performance by bundling items.

Only use item specifics to describe the item you are selling. Item specifics and other fields should only contain the information that the field was intended for. Eg. Don't use item details to include other information such as your terms of sale or shipping details.

You should also read the following policies:

Fee Avoidance

It is mandatory that every Seller (Maker/Desinger) be in strict conformity with all the fee obligations to Direct Create and is in good standing with respect to their dues on the platform. Sometimes its possible that intentionally or otherwise sellers actions may lead to an attempted fee-avoidance. Sellers will have to ensure that no such actions are initiated by them which constitutes a direct or indirect fee avoidance to the Direct Create Platform.

Fee avoidance, includes any action taken to avoid paying a membership fee, listing fee , Management Fee, Referral Fee, or any transaction based fee (VAS Fee) or any other charge relating to conduct of business on the Direct Create Platform.

The following acts, among others, constitute a Fee Avoidance. This list is indicative and is not comprehensive.

  • Posting a shop or profile comment/announcement that encourages Members or buyers to purchase the same or substantially similar items listed on Direct Create from another online selling venue.
  • Using an empty shop or profile created only to direct shoppers to another online selling venue.
  • Editing a listing's information to change it to an entirely different item – this applies to members who is liable to pay a listing fee.
  • Contacting another member through discussions, forums, blogs or Groups and directing them to buy or sell an item listed on Direct Create Platform to outside of the Direct Create marketplace.
  • Completing a transaction off-Direct Create once it has been initiated on the site.
  • Including contradictory or confusing shipping terms in your listing or by Charging a lower retail price and charging a higher charge for packaging or shipping or insurance so as to minimise the invoice value of goods sold;

Fee Avoidance is a serious violation of the Direct Create User Agreement and Membership Agreement and may lead to suspension or cancellation of Member privileges alongwith cancellation of all pending order pipeline and withholding of payments in the Member’s Nodal Account to the extent of the avoided Fees.  The Member may not be able to revive his/her account and any organization to which he/she is affiliated may also be notified of this contract violation.

 

Profile Conditions:

We don't allow members to promote items that aren't allowed on Direct Create or sales outside of Direct Create in their profile or collections. We also don't allow members to include links outside of Direct Create. Unless otherwise stated, your profile and any collections you create must follow all listing policy guidelines.

Make sure your profile and collections follow these guidelines. If they don't, they may be removed, and you may be subject to a range of other actions, including limits of your buying or selling privileges and suspension of your account.

·       Using your profile to let other Direct Create members know who you are;

·       Displaying the items, you're selling;

·       Displaying Feedback, you've received;

·       Using collections to show other members items you make, design, procure or like;

·       Any other details that you may want to share like your organizational affiliations, projects you were involved in, prestigious awards you have received;

·       Any special terms and conditions that you offer that makes you substantially different from other members or sellers like warranties, installation or service support etc.

The following are completely prohibited in your listings:

·       Promoting the sale of items outside of Direct Create;

·       Including nudity (except as an expression of art), profanity or offensive materials;

·       Including comments about other users or listings

·       Promoting services or items that are not allowed on Direct Create

·       Violations of our other listing policies

Incomplete Listings:

Direct Create is a place where people can buy and sell all sorts of items. All listings have to offer a physical item, a service, or digitally delivered goods.

Direct create listing requirement prohibit the following:

·      Duplicate listing of the same item, to promote traffic and search;

·      Listing/s with no items or Listing to be filled in at a later stage;

·      Blank or placeholder listings – to exploit a temporary offer of listing fee waiver etc;

·      Test listings;

·      Barter or trade listings; Listings where another item from a member is accepted as payment.

Pricing:

Sellers should confirm that their listing are priced using our pricing guidelines and substantially conform to our ethical pricing practices. Pricing with an intention to capture a market from another maker (predatory pricing) by temporarily selling at below cost prices, is considered to be an interference with the platform mechanics.

Tax / Regulatory compliance:

As a condition of using the Direct Create marketplace, you agree to comply with all applicable Indian and international laws, statutes, rules, ordinances, and regulations regarding:

·       Taxation – VAT/Sales Tax/Octroi/Service Tax, Excise and Customs regulations;

·       Labour laws and other applicable statutes for health and safety of your workers;

·       Express and implied warranties on the sale of your goods and services;

·       Qualification requirements for the services you offer for sale;

·       The use of our website and services;

·       Any other legal requirements with respect to your listings, solicitation of offers to purchase and sale of your items;

Sellers are responsible for paying all fees and taxes associated with using Direct Create. Please review the Term of Use (User Agreement) for more details regarding your responsibilities as a member.

Completing the sale:

Once your item sells, contact your buyer with a confirmation and other communications about the order, if any, accept their payment, and ship the item.

Examples of actions that are not allowed on Direct Create:

  • Showing sales or other data or description with the intent to artificially increase its price or desirability. It is a violation of our shill transaction policy to influence search statistics or other analysis of your shop on DirectCreate.com.
  • Interfering with another member's transaction. Be sure to read our interference policy.
  • Accepting payment and sending an item that is significantly different from the item described in the item listing. For more details, read our seller performance standards.
  • Refusing to accept a buyer's payment using a credit card when you included the payment mode in the listing.

Returns & Refunds

Direct Create promises a safe and convenient shopping experience and complete peace of mind to the shoppers. This also helps attract the maximum customers for our sellers. The Return and Refund policies are consistent with these goals.

Every seller will ensure that their listing is in conformity to the Direct Create Returns and Refund policy as stated in the DC – Sellers Agreement no other condition is acceptable for selling the Direct Create Platform. If due to the nature of the item or any special reason the Seller/Maker has additional conditions, he/she will specify the same prominently in the listing, so that the customer is aware of the facts before the order is completed. Any deviation from the Direct Create policy has to be flagged up to Direct Sellers Services and will not be applicable to the listing unless approved by Direct Create.

This will help reduce disputes and boost buyer confidence in the seller/shop. These are simple yet powerful ways of increasing sales and traffic to your shop.

If the seller contravenes these terms and a dispute is raised by a buyer, Direct Create will rule in favour of the Buyer, unless the Seller has a compelling reason to counter the claim made by the buyer.

Read Direct Create’s Returns and refund Policy.

Payment

Direct Create values the safety, security and confidentiality of its buyer’s data in general but is very serious about financial or payment information.

This condition requires every user (Seller) expressly agrees to the Direct Create Payment policies. This policy helps to create a successful, secure and convenient shopping and selling experience by encouraging online payment methods that are safe, easy to use, and offer strong protections for members. To help ensure a safe marketplace, as a seller (Maker/Designer/Service Provider) you can only use our approved payment methods.

Accepted Payment Methods

·      Paypal/PayPal Credit;

·      PayTM/PayUMoney;

·      Credit Cards (Master/Visa/American Express);

·      Debit Card issued by Banks Maestro/RuPay;

·      Internet Banking channels of Indian Banks;

·      Cash on Delivery;

·      Credit Card EMI* (Pls. check availability and Terms and Conditions);

Non Accepted Payment Methods:

·      Sending cash through the mail;

·      Sending cash or money orders through instant, point-to-point cash transfer services (that aren't banks) such as Western Union or MoneyGram;

·      Mailing checks or money orders;

·      Paying by "topping off" a seller's prepaid credit or debit card;

·      Paying using online or other payment methods not specifically permitted in this policy;

·      Asking buyers to contact you for additional payment methods;

·      Offering a payment method to some buyers and not to others;

·      Discouraging buyers from using any payment method you specified in the listing;

·      Asking buyers to pay using a method not mentioned in the listing;

·      Paying with Virtual or Cryptocurrencies.

Reporting policy violations

If you see a listing that violates Direct Create policies, please report it by clicking the Report item link in the listing, or by clicking the Report Violation or Contact Us link located on most of our help pages.

When a policy violation occurs, we email the seller and the buyer to let them know that the listing has been removed from Direct Create.

Your participation and vigilance as part of the Direct Create community is invaluable in helping us help you be a more successful seller.