• Sexual wellness products

Hello,

we are small website designer in gujarat. we have received one order from bihar-india. they want to design website for sexual wellness products. can we design this type of website in india? any legal issue we are facing??

 example website like : imbesharam.com/
Asked 7 years ago in Business Law

3 answers received in 30 minutes.

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12 Answers

You can design website for sexual wellness products

You are not selling the product

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Section 292 Law prohibiting the sale of sex toys

Display or exhibition of sex toys in an obscene manner violates the provision of Indian Penal Code on grounds of obscenity.

but there is difference in sex toys and sexual wellness products, many online websites like snapdeal amazon etc deal in sexual wellness products, for selling of this products vendor needs license, in this scenario you can design webpage for company but before take an affidavit from company regarding license issue.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can enter into contract mentioning terms and conditions for designing website

2) you are not concerned with how he sells the product

3) you woukd not face problems as you are not selling the product

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

enter into a MoU at the earliest, that you do not have any interest in the said company and you are just designing the website and delivering your professional services thrreupon

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You will not face any issue.

Do not worry.

You are just a service provider, and moreover such products are being readily sold on big platform like amazon and flipkart etc.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir there wont be any problem to you as website designer in designing such website it is totally safe and legal for you,

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Yes as a service provider you should make an agreement with the person so that there is no problem to you in future even for getting your fee or any dispute.

2. Sir the products need to be categorically seen as most of them are not ban but some can be so individual product need to be seen.

3. There wont be any issue for designing the website as you are just providing service even the products are banned you wont be responsible for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You are just designing the website only as per the order of your client.

2. Executer an agreement with the said client wherein they will indemnify you from any legal complaint/case if arises later on for their selling the stated product for which you have been asked to design the webpage.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. You shall have to get an agreement signhed as advised in my earlier post.

2. Selling of product through e-commerce is legal in India.

3. you shall have to get an indemnity agreement/bond signed by the said party for whom yiou jave been asjked to design the website.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

If you accept such project there is every possibility of complications. You do not know and cannot organise as to which goods/products the client will sell. If he venture sell prohibited products then you will be also enquired by the police and you may be involved in the criminal cases.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

If you are capable of designing this website as per the requirements of the client on your terms and agreement with disclaimer clauses, you can very well proceed, there is no embargo or legal impediment in this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

thank you for answer. we have following confusion in mind :

1 any legal contract sign require?

You can enter into an agreement with proper terms and conditions for payment, disclaimer and all other issues that may be pertinent to to the subject.

2 my client want to sell product via eCommerce so it is possible in india?

You are not his promoter, hence what is your concern about the sale of his products by your client, you are required to develop only the website which may facilitate the sale of product as per his ideas and plans.

3 any government issue we face in future?

You may make sure in your terms and conditions that it will be the responsibility of the client to obtain proper licence for sale of his products and that you should not be dragged into any legal hassles due to the fault of the client.

You should include such clauses which would protect your interests in the contractual agreement.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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