Prohibited Items Policy

Prohibited Items Policy

Indiatree for a variety of reasons prohibits certain types of items on Indiatree. Some items present legal risks to our community; others are inconsistent with our values, are harmful to our members, or simply are not in the spirit of Indiatree. This policy explains what is prohibited or restricted on Indiatree.

This policy is a part of our Terms of Use. By opening an Indiatree shop, you’re agreeing to this policy and our Terms of Use.

The following types of items are prohibited or restricted on Indiatree:

  1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
  2. Animal Products and Human Remains
  3. Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
  4. Hate Items: Items that Promote, Support, or Glorify Hatred
  5. Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
  6. Internationally Regulated Items
  7. Pornography and Mature Content
  8. Violent Items: Items that Promote, Support, or Glorify Violence

Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.

Art and history can be provocative, emotional and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, 'art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.'

In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on Indiatree. We reserve the right to remove listings that we determine are not within the spirit of Indiatree. Violating this policy may result in the member's selling privileges being suspended and/or terminated.

Q1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs

Alcohol and drugs are prohibited on Indiatree. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of Indiatree.

More Details:

The following are examples of items that may not be sold on Indiatree:

  1. Alcohol.
  2. Tobacco products, smokeable products, e-cigarettes and e-liquid.
  3. Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
  4. Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporisers and their components.
  5. Medical drugs, regulated medical devices, and pharmaceuticals.

Restrictions on descriptions of purported health benefits:

A medical drug claim is statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Indiatree, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.

Indiatree prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Indiatree may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Indiatree receives proper notice from a legal authority, we may remove an item.

Examples of What is Allowed:

Beer brewing kits

Beer brewing kits

Baked goods containing alcohol

Rum cakeExample: Mini Baba au Rum Cake

Hookahs

Vintage hookahExample: Vintage Hookah

Tobacco pipes

Tobacco pipe

Empty alcohol bottles and items made from them

Wine bottle trayExample: Wine Bottle Serving Tray

Resources: Small Business Assistance from the Food & Drug Administration; US FDA and FTC for information about medical drug claims; US Bureau of Alcohol, Tobacco, Firearms and Explosives

2. Animal Products and Human Remains

Certain animal products are highly regulated and prohibited on Indiatree due to the risk of harm to live, companion, or endangered animals.

More Details:

The following are examples of animal products that may not be sold on Indiatree:

  1. Live animals.
  2. Items created using any endangered or threatened animal species. We define these as animal species designated as threatened or endangered by the US Endangered Species Act or listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
  3. Items made from cat and dog parts or pelts as defined by US Federal Law.
  4. Ivory or bones from ivory-producing animals, including tusks, elk ivory, fossilized ivory and wooly mammoth ivory.
  5. Items made from human remains or products from the human body, except for teeth, fingernails, and hair.

Examples of What is Allowed:

Non-Ivory Animal Bones and Antlers

Snake bone necklaceExample: Snake Bone Necklace

Leather Goods

Leather bagExample: Leather Bag

Textiles Made from Animal Hair

Authentic mohair scarfExample: Authentic Mohair Scarf

Human Teeth or Hair

Mini bottle with human hairExample: Mini Bottle with Human Hair

Resources: Endangered Species ActProhibition on Importation of Dog and Cat Fur Products

We expect all of our members to follow their local laws. If you are shipping items across international borders you should also consult CITES for specific information about importing and exporting species that may be threatened. If you sell products containing feathers, you should also consult the Migratory Bird Treaty Act.

3. Dangerous Items: Hazardous Materials, Recalled Items and Weapons

For safety and legal reasons, we prohibit certain dangerous items from our marketplace.

More details:

Hazardous Materials

Due to the potential harm caused by hazardous materials, as well as complex legal and shipping regulations surrounding such materials, hazardous materials are prohibited on Indiatree.

While not exhaustive, the following materials are examples of prohibited hazardous materials:

  1. Explosives (fireworks or sparklers)
  2. Flammable items
  3. Gases
  4. Radioactive material
  5. Toxic substances (such as poisons)

Recalled Items or Items that Present Unreasonable Risk of Harm

Items that have been recalled by governments or manufacturers are prohibited from being sold on Indiatree. A few examples of items that have been recalled are certain vintage Corning Ware percolators, lawn darts and drop side cribs.

Items that present an unreasonable risk of harm are prohibited, even if they have not been the subject of a recall. This would include, for example, items that present a choking hazard. We generally rely on information from various government agencies to identify these items.

Weapons

Context matters when it comes to defining what is or is not a weapon. When in doubt, it’s safe to assume that we won’t allow any item intended to be used as a weapon to inflict harm. The following items are generally not allowed on Indiatree:

  1. Guns, knives, or other blatant weapons, even if they are vintage. See here for more information.
  2. Imitation firearms and weapons that look real or are prohibited by US law

Examples of What is Allowed:

Culinary knives or other knives used as tools

Vintage culinary knifeExample: Vintage Kitchen Knives - Collectibles

Letter openers

Letter opener

Toy slingshots

Toy slingshot

Airsoft guns and other non-harmful toy guns (with some restrictions)

Vintage ray gun toyExample: Vintage Ray Gun - Toy

Resources: Bureau of Alcohol, Tobacco, Firearms and ExplosivesFMCSA’s Guide to Complying with Federal Hazardous Materials RegulationsUS Federal Government's Guide to Recalled ItemsUS Code of Federal Regulations on Imitation FirearmsUS Consumer Product Safety Improvement Act (CPSIA)Australian Competition & Consumer Commission's (ACCC) Product SafetyACCC Product BansEuropean Commission's Consumer Product SafetyUS Consumer Product Safety Commission's Resellers Guide to Selling Safer ProductsHealth Canada Consumer Product Safety

4. Hate Items: Items that Promote, Support or Glorify Hatred

We want Indiatree to be a community where people of all backgrounds, nationalities, religions, political affiliations and even different types of artistic taste and humour feel welcome. Art is incredibly subjective, and what is offensive to one is not necessarily offensive to others.

More Details:

Indiatree does not allow items or listings that promote, support or glorify hatred towards people or otherwise demean people based upon: race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation (collectively, “protected groups”). We also prohibit items or content that promote organisations or people with such views.

The following items are not allowed on Indiatree:

  1. Items that support or commemorate current or historical hate groups, including propaganda or collectibles. Examples of hate groups include Nazi or Neo-Nazi groups, Ku Klux Klan (KKK) groups, white supremacist groups, misogynist groups, or groups that advocate anti-gay, anti-immigrant, or Holocaust denial agendas.
  2. Items that contain racial slurs or derogatory terms in reference to protected groups.

Examples of What is Allowed:

We tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations. Recognising that there may be no consensus on their educational, historical or artistic value, the following items are generally allowed on Indiatree:

Religious symbols, including swastikas when used in peaceful or religious context (often in Hinduism, Buddhism and Jainism)

Vintage Buddhist swastika pendantExample: Vintage Buddhist Swastika Pendant

Items that use idiomatic expressions that include the word “nazi,” such as “grammar nazi” or “soup nazi”

GrammarExample: Grammar “Nazi” Print

Items denouncing or mocking groups or historical figures that have a history of organised, targeted violence against protected groups

Photo of anti-Nazi graffitiExample: Photograph of Anti Nazi Graffiti

Resources: Federal Bureau of Investigation’s webpage on Hate CrimesSouthern Poverty Law Center

5. Illegal Items, Items Promoting Illegal Activity and Highly Regulated Items

We respect the law and expect Indiatree sellers to respect the law as well.

More Details:

Illegal items and items that promote illegal activity, including counterfeit or stolen items, are generally not allowed on Indiatree. Neither are certain items that are subject to complex legal regulations or registration systems. Because Indiatree is a global company, it’s important to abide by the laws of the markets in which you are selling. What is legal in one country may be illegal in another. All forms of illegal activity are strictly prohibited. Listings may not facilitate or promote illegal acts.

Additionally, due to complex legal restrictions that vary by location, Indiatree does not permit the sale of real estate, housing, or motor vehicles (for example: automobiles, motorcycles, boats, travel trailers, etc.).

We require sellers to follow all applicable laws for the items they list. Examples of items which may be subject to regulation include Native American craftsplants and seeds, and food products.

6. Internationally Regulated Items

Indiatree provides a direct connection between buyers and sellers around the world. If you buy or sell an item from another country, or if you enter into a transaction with someone across international borders, you are responsible for complying with laws and regulations of the country of destination as well as your local laws.

More Details:

When buying and selling internationally, you should comply with your local laws and be aware that other countries may have their own restrictions. You might be prohibited from exporting or importing certain items under international laws and regulations. Some transactions may require licenses, permits, or other documentation. If you have questions about how to comply with the law, we recommend that you speak to a qualified professional.

When you use Indiatree’s services, you are also responsible for complying with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. All Indiatree members must comply with Policies, regardless of their location.

Indiatree reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations.

You should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block some transactions as part of their own compliance programmes. Indiatree has no authority or control over the independent decision-making of these providers.

Examples of What is Allowed:

Sanctions or compliance programmes may have certain exceptions to their restrictions. For example, while OFAC broadly prohibits transactions involving goods that originate from sanctioned areas, there are exceptions for informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks. Items that don’t originate from a sanctioned area but make a reference to a sanctioned area are generally permitted.

Items that aren’t from Cuba, but are Cuban style, such as “Cuban Style Fedora Hats”

Cuban style fedora hatExample: Cuban Style Fedora Hat

Informational materials such as art, books, film, photos or music

Vintage biography of Fidel CastroExample: Vintage Biography of Fidel Castro

Resources: US Office of Foreign Assets Control (OFAC) Sanctions

7. Pornography and Mature Content

As a creative community, we tend to be fairly liberal about what we allow on Indiatree, but we draw the line at pornography. Beyond that, we restrict mature content so that people who are offended by this kind of material don't have to see it. If you are selling mature content, we ask that you be respectful of differing sensibilities.

More Details:

Pornography of any sort is prohibited on Indiatree, whereas mature content is restricted.

Although pornography can be difficult to define, an item generally qualifies as pornography when it contains extreme or explicit version of sexual content.

We define mature content as depictions of human genitalia, sexual activity or content, profane language, sexual wellness items, violent images (within reason; also Violent Items), and explicit types or representations of taxidermy. Click here to read more about how to properly list and tag mature content. Not all nudity is considered mature, and examples are listed below. If you find yourself questioning whether your item is mature, then it is likely a good idea to assume that it is mature content, and you should label it as such.

When deciding whether mature content crosses over the threshold into pornography, we take into consideration the explicitness of depictions of sexual activity or content.

Examples of What is Allowed Without Restriction:

Non-pornographic nude photography and depictions of breasts

Authentic tribal photographExample: Authentic Tribal Photograph

Non-pornographic depictions of buttocks

Fine art photograph of a nude manExample: Fine Art Photograph of Nude Man

Abstracted or cartoonish depictions, within reason

Cartoon men and women nude printExample: Cartoon Men and Women Nude Print

 

8. Violent Items: Items that Promote, Support or Glorify Violence

 

We want Indiatree to be a safe place for everyone. While violent content can be a legitimate part of historical, educational or artistic expression, it should never be used to promote or glorify violent acts against others.

More Details:

We do not allow items or listings that promote, support or glorify acts of violence or harm towards self or others, including credible threats of harm.

The following items are not allowed on Indiatree:

  1. Items that glorify human suffering or tragedies, including items that commemorate or honor serial killers
  2. Items that attempt to exploit natural disasters or human tragedies
  3. Items that encourage, glorify, or celebrate acts of violence against individuals or groups
  4. Items that encourage self-mutilation, starvation or other self-harm

Examples of What is Allowed:

Fictional literary or art work (such as zombies, vampires or other fictional works that tend to contain violence)

Real Looking Zombie PhotoExample: Real Looking Zombie Photo

Items that have educational, historical or artistic value

Real Photograph of a Protest in UkraineExample: Real Photograph of a Protest in Ukraine

Items that show support or bring awareness to those at risk of self-harm, including those with eating disorders

Suicide Awareness PosterExample: Suicide Awareness Poster

BDSM items (i.e  Pornography and Mature Content for additional information)

BDSM Ball Gag & WhipExample: BDSM Ball Gag & Whip


We hope these guidelines are helpful, but we cannot catalog every permitted or prohibited item. If you see something on Indiatree that appears to violate these rules, you can report it to us. At the bottom of a listing page, you can click Report this item to Indiatree. To report copyright or intellectual property infringement, please follow the instructions in Indiatree's Intellectual Property Policy.

For all other reports, or for any questions, please wecare@indiatree.in

Track Order