1. Acceptance of Terms

By accessing and using the Services, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract. If you are using the Services on behalf of a corporation, partnership, or any other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. You acknowledge that this Agreement constitutes a valid and enforceable contract. Your continued use of the Services following the posting of any changes to these Terms shall constitute your acceptance of such changes.

2. Description of Services & Our Role

UNIQUESA provides a hybrid online marketplace for the buying and selling of unique, rare, collectible, and historical artifacts. Our role is twofold: (a) we may, at our sole discretion, list and sell products directly to Buyers, and (b) we act as a platform and intermediary to facilitate transactions between independent third-party Sellers and Buyers.

You expressly acknowledge and agree that when you purchase an item listed by a third-party Seller, UNIQUESA is not the manufacturer, seller, or owner of that item. We are not a party to the contract of sale between the Buyer and the Seller. Our liability is limited to providing the Services and we are not responsible for the items themselves, including their quality, authenticity, safety, or legality.

3. User Accounts and Registration

In order to access certain features of the Services, you must register for and maintain a user account. You are responsible for maintaining the confidentiality of your account information and for all activity that occurs under your account, regardless of whether you authorized such activity. You agree to provide and maintain accurate, current, and complete information during the registration process and throughout the duration of your use of the Services.

You agree to protect the confidentiality of your password and to notify us immediately of any unauthorized use of your account. We shall not be liable for any loss or damage arising from your failure to comply with these obligations. Accounts are non-transferable and may not be sold, traded, or otherwise assigned to a third party without our prior written consent.

4. Product Listings, Descriptions, and Authenticity

Sellers are responsible for providing accurate and truthful descriptions, images, and information for all items they list on the Services. You hereby warrant that all information you provide is accurate and not misleading.

Disclaimer of Authenticity: Given the nature of the items sold on the Services, UNIQUESA does not and cannot provide formal certification, authentication, or appraisal of any item unless explicitly and unequivocally stated in the product description. The descriptions, images, and histories provided are for informational purposes only. By using the Services, you acknowledge that items may show signs of wear, aging, or use, and that you assume the risk that an item's authenticity may not be verifiable.

5. Pricing, Payments, and Seller Fees

All prices are listed in Indian Rupees (INR) and are subject to change at any time without prior notice.

Seller Fees: UNIQUESA, at its sole and absolute discretion, reserves the right to charge fees and commissions for the use of its Services. For a limited promotional period, all seller listings and sales will be exempt from any fees until November 30, 2025. Upon the conclusion of this promotional period, and without prejudice to our right to revise fees at any time, a fee structure shall apply to all sales made on the platform, as follows:

• A fixed fee of ₹40 (Rupees Forty Only) per item sold.
• A commission of 2.5% on the final sale price of each item.

You, as a Seller, are solely responsible for calculating, collecting, and remitting all applicable taxes arising from your sales, including but not limited to Goods and Services Tax (GST).

6. The UNIQUESA Auction Process

The following terms apply specifically to items sold through the auction feature on the Services:

a. Bidding and Obligations

Once a bid is placed on an item, it shall be considered an irrevocable and legally binding offer to purchase the item at the bid price. The highest bid at the conclusion of the auction period, as determined by UNIQUESA's system, shall be deemed the winning bid.

b. Bid Retractions

Bid retractions are not permitted. However, in the event of an obvious typographical error in the bid amount, a user may request a bid retraction by contacting UNIQUESA support within a reasonable time frame. Such requests shall be reviewed and granted or denied at our sole and absolute discretion. Repeated requests for bid retractions or any fraudulent bidding activity may result in immediate and permanent suspension of the User's account.

c. Non-Payment

In the event that a winning bidder fails to complete the transaction and pay for the item within the specified time frame, such non-payment shall be considered a material breach of these Terms. Without prejudice to any other remedies available to us or the Seller, UNIQUESA reserves the right to: (i) cancel the sale, (ii) suspend or permanently ban the User's account, (iii) impose financial penalties, and/or (iv) seek full compensation for any and all losses and damages incurred.

d. Finality of Auction Sales

All auction items are sold on an "as-is" basis. All sales of auction items are final and non-returnable, except in the limited circumstances described in the Returns Policy herein.

7. Shipping, Delivery, and Returns

Seller's Responsibility: Sellers are solely responsible for the careful packaging, and timely and secure delivery of all items to the Buyer.

Returns & Refunds: Our policy for returns and refunds is designed to protect both Buyers and Sellers. Returns are accepted exclusively under the following conditions:

• The item was damaged during the shipping process.
• The incorrect item was sent to the Buyer.
• The item received is materially and significantly different from the product description and images provided by the Seller.

Return requests must be submitted to the Seller within forty-eight (48) hours of the delivery date, accompanied by clear photographic and/or video evidence. Refunds will be processed after the Seller receives and verifies the returned item in its original condition.

8. Your Content and User Conduct

Any content you post, upload, or transmit through the Services, including but not limited to product descriptions, reviews, comments, and images ("Your Content"), is and remains your property. However, by providing Your Content, you hereby grant UNIQUESA and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content in any form, media, or technology now known or hereafter developed, for the purposes of operating and promoting the Services.

Prohibited Conduct: You agree not to engage in any of the following prohibited activities:

• Posting, transmitting, or sharing any content that is defamatory, obscene, vulgar, abusive, harassing, or otherwise unlawful.
• Using the Services for any fraudulent, deceptive, or misleading purpose.
• Introducing any virus, worm, Trojan horse, or other malicious code.
• Attempting to interfere with the proper working of the Services or their infrastructure.

9. Intellectual Property Rights

The Services, including all design, text, graphics, logos, images, and the underlying software ("UNIQUESA Property"), are and shall remain the exclusive property of UNIQUESA and its licensors. The UNIQUESA name and logos are trademarks of UNIQUESA. You are not granted any rights to use these trademarks without our prior written consent.

You shall not use, copy, reproduce, or distribute any part of the UNIQUESA Property for any purpose other than as expressly permitted by these Terms.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

UNIQUESA, its subsidiaries, affiliates, and licensors do not warrant that (a) the Services will function uninterrupted, securely, or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; or (d) the results of using the Services will meet your requirements. Your use of the Services is at your sole risk.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall UNIQUESA, its directors, employees, affiliates, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

In no event shall UNIQUESA's aggregate liability for all claims related to the Services exceed the greater of (a) the amount you have paid to UNIQUESA in the last twelve (12) months for the Services, or (b) Indian Rupees Five Thousand (₹5,000).

12. Indemnification

You agree to defend, indemnify, and hold harmless UNIQUESA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, Your Content, your use of any information obtained from the Services, or any dispute with another User.

13. Dispute Resolution and Governing Law

Governing Law: This Agreement and any disputes arising out of or in connection with the Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in India in accordance with the Arbitration and Conciliation Act, 1996.

a. Arbitration Proceedings

The arbitration shall be conducted by a sole arbitrator appointed by UNIQUESA. The language of the arbitration shall be English. The seat and venue of the arbitration shall be exclusively in Uttarakhand, India. The award rendered by the arbitrator shall be final and binding on the parties.

b. Waiver of Class Action

You and UNIQUESA agree that all claims must be brought on an individual basis and not as a plaintiff or class member in any purported class, collective, or representative proceeding. By agreeing to these Terms, you waive your right to a jury trial and your right to participate in a class action lawsuit.

14. Termination of Services

UNIQUESA may terminate or suspend your account and access to the Services, at our sole discretion, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

15. General Provisions

a. Entire Agreement

These Terms, together with any policies or operating rules posted by us on the Services, constitute the entire agreement between you and UNIQUESA and supersede all prior or contemporaneous communications and proposals, whether oral or written.

b. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

c. Waiver

The failure of UNIQUESA to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

d. Assignment

UNIQUESA may assign this Agreement and any of its rights and obligations hereunder, in whole or in part, to any third party at any time without notice to you. You may not assign or transfer your rights or obligations under this Agreement.

e. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms for causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, natural disasters, or power outages.

16. Contact Information

For any questions or concerns about these Terms & Conditions, please contact us at: