Terms and Conditions

Last Updated:  September 14, 2025

Desa Bazaar LLC (“Company”) operates a multi-faceted platform dedicated to empowering South Asian-owned brands and connecting them with a global audience. Company’s core business includes a curated B2C marketplace utilizing a dropship model via Shopify Collective (collectively referred to as the “Product(s)”), where Company partners with individual brands (“Suppliers”) to feature their Products on its website https://desabazaar.com/ (“Website”). Customers can browse and purchase these Products, with the Suppliers directly fulfilling and shipping the orders. In addition to the marketplace, Company operates an investment arm accelerator that provides capital, mentorship, and resources to help brands scale. Company’s services also extend to digital content production, including a podcast, community events, pop-ups, conferences, networking meetups, and digital growth and marketing services through SKB Digital (collectively referred to as the “Services”).

The Website is powered by Shopify Inc., and you acknowledge that your use of the platform is also subject to Shopify's Terms of Service and Privacy Policy. The following Terms and Conditions (hereinafter referred to as the “Terms”) constitute a legal agreement between you (referred to as “you”, “your”, or “Customer”) and the Company, and describes the specifications on which you may access, browse, use, or make a purchase on Company’s Website. Any use of the Website is conditioned upon your acceptance of all of the policies and notices stated herein.

PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE. YOU SHOULD ALSO CAREFULLY REVIEW COMPANY’S PRIVACY POLICY BEFORE USING OR MAKING A PURCHASE ON THE WEBSITE.

YOU MAY NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THE TERMS OR ARE PROHIBITED FROM ACCESSING OR USING SUCH SERVICES BY APPLICABLE LAW. BY ACCESSING ANY PART OF THIS WEBSITE OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

Supplemental features or tools which may be added to the Website shall also be subject to the Terms herein. Company reserves the right, in its sole discretion, to make modifications or replace any part of the Terms at any time by posting such updates directly on the Website and updating the “Last Updated” date. Your continued use of, or access to, the Website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to periodically review the Terms to stay informed on updates. You can review the most current version of the Terms at any time directly on the Website.

1. Personal Information; Access and Purchase of Products

In order to make a purchase through the Website, you must provide your first and last name, shipping address, billing address, and a valid email address (together your “Personal Information”). You will then receive an email confirmation from Company with the Products you purchased in your order, as well as email updates from Company regarding order updates. While you are not required to create an account to make a purchase, creating an optional account will allow you to track orders, save shipping information, and participate in our loyalty programs. All Personal Information will be collected, stored and used in accordance with our Privacy Policy and Shopify's Privacy Policy.

You represent and warrant that at all times (a) the information that you provide to Company will be true, accurate, current, and complete; and (b) you will keep your email address and any identifying or Personal Information up to date. Company is not responsible for any errors made by you when entering your Personal Information or making a purchase through the Website.

You represent and warrant that you are using the Website for your own personal use and not for resale, export, publication, re-use, or any other unauthorized use. You shall be responsible for (a) all activities that transpire on or with your Personal Information; and (b) any act or omission related to your Personal Information, or the use thereof, that would be deemed a violation of the Terms. It is your responsibility to notify Company immediately if you notice any unauthorized access or use of your Personal Information, or any other breach of security. Company shall not be held liable for any losses and/or damages arising from any failure to comply with this clause.

1. General Conditions of Use

By agreeing to the Terms and using Company’s Website, you represent that you are at least eighteen (18) years of age or older. Minors may use the Website under the supervision of their parents or legal guardians who agree to be bound by the Terms on their behalf. If you are a parent or legal guardian agreeing to the Terms on behalf of a minor, then you are fully responsible for their use of this Website, including all liabilities.

You consent to receiving communications from Company, including but not limited to, emails, text messages, and/or calls regarding updates to its Website, marketing, advertisement, and any other relevant information.

Company reserves the right to refuse access to the Website and the sale of Products to anyone, for any reason, including but not limited to, any breach or violation of these Terms, at any time at its own discretion. Company reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content or Products from the Website.

You may not use the Website for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction (including, but not limited to, copyright or trademark laws). You agree not to make use of our Website or Products for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: (a) causing harm to minors in any manner whatsoever; (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity; (c) attempting to bypass any security features of the Website or testing the Website's vulnerability; (d) using any automated systems, bots, scrapers, or data mining tools to access the Website; (e) interfering with or disrupting the Shopify platform or servers; (f) making excessive or fraudulent purchases; or (g) reselling Products without explicit authorization from Company.

1. Prices and Payments

The price charged for any Product or Service will be the price listed on the Website or otherwise in effect at the time the order is placed and will be set out in an order confirmation. All prices are listed in USD unless otherwise specified. Customers may be subject to additional charges, which includes but is not limited to currency fees, exchange fees, VAT, customs duties, import taxes, and/or local taxes. All such fees shall be added to the Customer’s merchandise total. For international orders, you are responsible for any duties, taxes, and customs clearance fees imposed by your local jurisdiction. 

Prices for marketplace Products are determined by our Suppliers and are clearly listed on each Product page. Our revenue is based on a commission/affiliate fee model in which we take a percentage of each sale, and the Supplier retains the remaining portion.

Company accepts electronic payments through the Website via Shopify or Point-of-Sale (“POS”) System (the “Payment Method”), which include all major credit cards, PayPal, Apple Pay, and Google Pay. Orders are fulfilled and shipped directly by our Suppliers once your Payment Method has been approved. If you do not pay an amount owed when due or your Payment Method continuously fails, Company may initiate collection procedures for any Products that were already shipped and/or delivered to you. You agree to pay any collection costs, including without limitation, any reasonable attorney’s fees.

Company and/or Suppliers may offer promotions, discounts, or sales on its Website, or, in its sole discretion, to certain customers (“Promotions”). Promotions are subject to change without notice. Promotions may affect pricing and may be governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a Promotion and these Terms, the terms and conditions for the Promotion will govern that specific circumstance.

1. Cancellation of Orders; Refunds; Disputes

Cancellations. Any Product that has been ordered directly through the Website may be returned within thirty (30) days from the date your order was delivered (the “Delivery Date”) and may incur a restocking fee of up to $10. Return policies may vary by Supplier, and specific return instructions will be provided with your order confirmation. To return an order, please reach out to us through the contact information provided below. If your order is successfully canceled, Company will notify you of the cancellation via email confirmation. Company does not offer refunds on certain perishable, intimate, or sanitary goods (“Non-Refundable Products”). These Non-Refundable Products are subject to change, at Company’s discretion. 

Refunds. Company does offer refunds on Products that are considered Non-Refundable Products. You may return other Products for a full refund, if the return is initiated within thirty (30) days from the Delivery Date. 

Disputes. Company aims to respectfully respond to all questions, comments, and concerns regarding customer satisfaction and any related disputes. If you dispute a charge after your order has been shipped, the package in transit must be redirected back to Company without being opened, worn, washed, unpackaged, or otherwise tampered with, with all original tags must be attached. Company will handle initial customer service inquiries and disputes. If a solution cannot be found internally, Company will escalate the issue directly to the Supplier that provided the Product to help resolve the matter with the Customer.

If you are unhappy with any of the Products, please contact Company directly through the contact information provided below. Should Company, in its sole discretion, decide to refund or credit you for any amounts paid, that refund or credit shall constitute its entire, sole, and exclusive liability, and your sole and exclusive remedy, with respect to that order.

1. Shipping and Risk of Loss 

Shipping Information. You must provide accurate and up-to-date shipping information so that Company can timely deliver the Products to you. If you provide us with a shipping address that is invalid or at a destination where Products cannot be securely accepted upon delivery, are solely responsible for any resulting loss, theft, or damage to the Products.

Risk of Loss. Risk of loss or damages of any kind to Products shall pass to Customer upon being delivered to a postal carrier such as FedEx, USPS, or UPS. Company does not accept any liability for defects arising from processing after delivery.

Shipping. Products are shipped directly by our Suppliers who may engage third-party couriers (“Couriers”) to facilitate delivery. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Company. Company shall not be liable or responsible for any delivery services, errors or misrepresentations made by Couriers. Company highly recommends that you provide a secure location for delivery. Company does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that Company does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a Courier are solely between you and that Courier. Company and its licensors shall have no liability, obligation, or responsibility for any interaction between you and any Courier.

Export Law. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

1. Termination or Suspension

You agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to the Website and Products at its sole discretion, for any reason, including but not limited to:

(a) Any breach or violation of the Terms or any other incorporated agreement, regulation, or guideline;

(b) By way of request from law enforcement or any other governmental agencies;

(c) The discontinuance, alteration, or material modification to the Website and/or Products, or any part thereof;

(d) Any engagement by you in any fraudulent or illegal activities; and/or

(e) The non-payment of any associated fees that may be owed by you in connection with your purchases. Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to any termination of access to the Website or Products.

1. Accuracy, Completeness, and Timeliness of Information

Company shall not be held responsible if information made available on its Website is not accurate, complete, or current. You are relying on any information found on the Website at your own risk.

Company reserves the right to modify or update the contents of the Website at any time but has no obligation to do so. You agree that it is your responsibility to monitor our Website for any changes that may occur. Company strives to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

1. Intellectual Property & Proprietary Rights

Company owns, solely and exclusively, all right, title, and interest in the Website; all content, software code, data, the look, feel, design and organization of the Website; and the compilation of the content, code, data, and materials on the Website, including but not limited to any intellectual property and/or proprietary rights. This includes all content related to our accelerator program, digital content production, podcast, community events, conferences, and networking meetups. Company reserves all rights in and to the Website not granted expressly in the Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on Company’s Website, in whole or in part.

If you post, upload, or make available any information, data, text, files, communications, reviews, or other materials regarding the Website, Products, or Suppliers on the Website, Shopify platform, or any other website, blog, article, or social media website (“Your Content”), you hereby grant Company a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform, or otherwise exploit Your Content including your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised in connection with the Website, including but not limited to advertising, promoting, and marketing the Website or Products, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. You waive all moral rights to Your Content, which may be available to you and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.

1. Ratings and Reviews 

You may have the option to provide product reviews and ratings through the Shopify platform or Website (“Feedback”). Any Feedback you leave must reflect your honest opinion and actual experience with the Product or Service. Company and Suppliers reserve the right to remove Feedback at any time, without notice, particularly if it violates our content guidelines or appears fraudulent. You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that intentionally or unintentionally would, or is reasonably certain to, disparage, create a negative impression of, or be detrimental to the reputation of Company or other users of the Website.

It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those Company has specifically requested and to which certain terms, conditions and requirements may apply. This is to avoid any misunderstandings if your content, information, ideas, suggestions, or other materials are similar to those Company has developed or is developing independently. Accordingly, Company does not accept unsolicited content, information, ideas, suggestions, or other materials, and takes no responsibility for any content, information, ideas, suggestions, or other materials so transmitted.

1. No Professional Advice 

The information provided by Company does not, and is not intended to, constitute any type of medical or professional advice. You assume the sole responsibility of evaluating the merits and risks associated with the use of any information. For the avoidance of doubt, Company does not act as an employee, manager, doctor, counselor, or other agent to you.

1. Disclaimer of Warranties and Limitation of Liability 

Non-Discrimination. Company does not discriminate against any gender identity and welcomes support from all individuals regardless of gender. Any complaints regarding discrimination are taken seriously and Company has a policy to address such concerns.

Data Privacy. Company does not intend to share your Personal Information with any third-party servers or platforms, except as necessary to process payments through our Shopify platform and facilitate order fulfillment through our Suppliers. For Customers creating accounts, account management is handled through the Shopify platform. You understand that the use of third-party servers or platforms may at times involve transmission of data over networks that are not owned, operated, or controlled by Company. Company is not responsible for any data lost, altered, intercepted, or stored across such networks. Company cannot guarantee that its security procedures will be error-free, and that transmission of data will always be secure.

THE USE OF THE WEBSITE AND THE PRODUCTS ARE AT YOUR SOLE RISK. ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY: (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE WILL CREATE ANY WARRANTY REGARDING ANY OF COMPANY’S PRODUCTS. YOU ASSUME ALL RISK FOR ANY HARM OR DAMAGE THAT MAY RESULT TO YOU FROM YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR THE PRODUCTS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOUR USE THE PRODUCTS AS WELL AS YOUR USE OR ANY MATERIALS OR CONTENT OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE.

THE ABOVE PARAGRAPHS APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES, IN PARTICULAR A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO ANY PAYMENT MADE BY YOU TO COMPANY.

1. Non-Disparagement

You agree not to make or communicate to any person or entity, in any media or public forum, including any social media network, any comments or statements (written or oral) that would intentionally, unintentionally, or be reasonably certain to, disparage, create a negative impression of, or be detrimental to the reputation of Company.

1. Arbitration and Disputes

Disputes. While Company handles initial customer service inquiries and facilitates dispute resolution, Company has no control over and does not guarantee: (a) the quality, reliability, accuracy, or effectiveness of any Products sold by Suppliers; (b) the truth or accuracy of any listing descriptions, ratings, reviews, or other user content; or (c) the performance or conduct of Suppliers or any third-party. 

Release. You hereby release Company, its Suppliers, SKB Digital, its affiliates and their respective directors, officers, shareholders, employees, agents, service providers, representatives, contractors, licensors, suppliers, successors and assigns from and against any claims, injuries, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including legal fees), known and unknown, arising out of or in any way connected with any dispute you have, whether it be at law or in equity that exist as of the date of these Terms.

Indemnification. You agree to indemnify, hold harmless, and defend Company from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from: (a) your misuse or unauthorized use of the Products or Website; (b) your willful violation of these Terms; (c) your intentional violation of any third-party right; or (d) any claim that your user content knowingly and deliberately caused damage to a third party. Company's total liability under this indemnification shall not exceed the total amount paid by you for the Products in the twelve (12) months preceding the claim.

Arbitration. If a controversy or claim should arise, you and Company (referred to each as a “Party” and together the “Parties”) will first attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation, with mutually agreeable rules. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either Party will not participate in mediation, then the controversy shall be settled by binding arbitration. The written decision of the arbitrator shall be binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and supplementary procedures for consumer related disputes of the American Arbitration Association. excluding rules or procedures governing or permitting class actions. Parties agree that there shall be no pre-arbitration discovery, and the arbitrator shall not award punitive damages to either of the Parties. Judgment may be entered in any court having jurisdiction.

Class Action Waiver. Any arbitration shall be conducted in each individual capacity only and not as a class action or other representative action. You expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

1. Notices

Company may provide any notice to you under the Terms by: (a) sending a message to the email address you provide; or (b) by posting directly to the Website. For Customers who create accounts through the Shopify platform, notices may also be delivered through your Shopify account interface. Notices sent by email will be effective on the date the email is sent, and notices that are posted on the Website will be effective upon posting. It is your responsibility to keep your email address current and review new notices.

To provide Company notice under the Terms, you must contact us by email, personal delivery, overnight courier, or by certified mail. Notice provided by email shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.

1. Content Disputes 

In the event of a dispute related to or stemming from any user generated content (a “Content Dispute”), you must contact Company via email.

We abide by the Digital Millennium Copyright Act (the “DMCA”) as it relates to online service providers, like us, being asked to remove material that allegedly violates another’s copyright. The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company respects others’ intellectual property rights and further reserves the right to delete or disable content alleged to be infringing, and to terminate the User Accounts of repeat alleged infringers. In the event of a DMCA violation, please contact our Website Administrator containing the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

(b) Identification of works or materials being infringed;

(c) Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

(d) Your contact information as the reporter including address, telephone number and email address;

(e) A statement that you have a good faith belief that the material identified is not authorized by the copyright owner, its agent, or the law; and

(f) A statement made under penalty of perjury that the information provided is accurate and the reporting party is authorized to make the complaint on behalf of the copyright owner.

Copyright Infringement Claims. If you believe in good faith that materials available on the Services infringe your copyright, you may send to Company a written notice by mail, email, or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company counter notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Visit https://www.copyright.gov/ for additional details.

16. Miscellaneous 

Third Party Content and Suppliers. Website may contain links and references to other third-party service providers and Suppliers (“Third Party Content”). While Company curates South Asian-owned brands for the marketplace, Company is not responsible for any Third-Party Content, the actions of Suppliers, or the fulfillment of orders by Suppliers. Suppliers are responsible for shipping products directly to Customers and maintaining accurate inventory and product information. Any information regarding a Third Party found on our Website does not imply that Company endorses or accepts any responsibility or liability for the Third Party, or vice versa.

No Agency. There is no agency, partnership, joint venture, employee-employer, or franchisor-
franchisee relationship between you and Company.

Privacy Policy. Company respects your privacy and is committed to protecting it. To learn more, please visit our Privacy Policy, which governs the processing of all personal data collected from you in connection with your use of the Website. Your data may be processed by Shopify Inc. and other third-party payment processors in accordance with their respective privacy policies when you make purchases or create an account. We use industry-standard SSL encryption to protect your payment information during transmission. For Customers who choose to create an account, account creation and management is handled through the Shopify platform, and customers may use their existing "Shop" account. Guest checkout is also available for purchases. You acknowledge and consent to the collection and use of your personal information by Company for the purpose of using the Website.

Governing Law and Jurisdiction. This Website is operated from the United States of America and hosted on the Shopify platform. All matters arising out of or relating to the Terms are governed by and construed in accordance with the internal laws of Delaware without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in New York, and you hereby consent and submit to the personal jurisdiction of such courts.

Severability. If any provision of the Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Waiver. The failure by Company to enforce any provision of the Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.

Force Majeure. Company and its Suppliers will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance under the Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

International Sales. Our Services and Products are sold to customers within the United States only at launch. We plan to expand to Canada in the near future and will consider other international markets over the long term, depending on the shipping capabilities of our Suppliers. Website may be designed to show customers only the Products available in their country.

Notice to California Users. Under California Civil Code Section 1789.3, California users of our Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Notice to New Jersey Clients. If you are residing in New Jersey, the following provisions of the Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code, and New Jersey Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) the requirement that you indemnify Company (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) the Delaware governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law.

Compliance. You agree to comply with all applicable laws, restrictions, and regulations relating to the export of products and information, subject to the United States Export Administration Act ("Export Laws"), European Union export control regulations, and other applicable international trade laws, provided that any additional compliance requirements beyond these core regulations shall be subject to mutual written agreement between the parties and reasonable implementation timelines. Users represent and warrant that they are not located in, under the control of, or a national or resident of any country subject to comprehensive trade sanctions or embargoes (as updated from time to time by relevant authorities including OFAC, EU, and UN sanctions lists) and are not listed on any applicable restricted party list. Company reserves the right to restrict access to Services or freeze funds in accordance with applicable trade compliance laws and regulations.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Company arising out of or related to the use of the Website, Products, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement. The Terms constitute the sole and entire agreement between you and the Company regarding the Website and Products, and your use thereof. These Terms incorporate by reference our Privacy Policy, Shipping Policy, Return Policy, and any other policies posted on our Shopify store. The Terms supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

These Terms will be deemed final on the matters contained herein. You acknowledge and agree that these Terms are binding and shall govern the relationship between you and Company in connection to the use of the Website, the Products, and all associated services including but not limited to the marketplace, pop-up shops, digital content, events, and any future subscription or loyalty programs that may be implemented. You further acknowledge that all purchases made through our Shopify-powered store are subject to order acceptance and availability, and we reserve the right to refuse or cancel any order for any reason, including pricing or typographical errors, suspected fraud, or inability to verify payment information.

If you have any questions, please contact Desa Bazaar LLC directly through our Website at https://desabazaar.com/ or at Email: sachin@desabazaar.com