Please read the following terms and conditions very carefully as your use of this website is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By accessing this website and using any of our services or purchasing any of the products/placing any order you agree that you have read, understood, and are bound by the Terms.
In these Terms, references to “you”, “User” shall mean the end user accessing www.artandcraft.studio “Website”, its content. “Company”, “we”, “us” and “our” shall mean Artistic Art Forum Private Limited, “Artisticks” its affiliates and partners.
We reserve the right to change the terms and conditions of these Terms from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
1. Sale of Products:
1.1. In accordance with these Terms, You may purchase certain Products from us which have been listed on our Website at the prices listed based on the availability. The Products may be ordered through the Website, paid for and delivered to your mentioned address.
1.2. All products listed on our website are genuine.
2. Placing your Order:
2.1. You can place an order on our website for any of the listed products at the prices which have been mentioned.
2.2. By placing an order, you confirm that you are over 18 years of age and can legally enter into a contract including the contract for the purchase of the goods.
2.3. By placing an order, you confirm that the credit/debit card or bank information belongs to you and you are authorized to make such a payment.
2.4. In order to place an order, you have to register your email address with us and create an account. Even if you haven’t created an account you will have to provide us with your email address at the time of placing the final order.
2.5. By placing an order on our website, you have made an offer to purchase the products listed on our website
2.6. In the event you place an order, wherein the total value of the said order exceeds Rs. 2,00,000/- (Rupees Two Lakhs only), you must provide us with you PAN(Permanent Account Number) card number before placing such an Order. Upon receipt and approval of your PAN card Number by us, you will be redirected to the payment page. You must ensure that the billing name
matches with the name on the PAN Card. In the instance where the Billing name is different from the name on the PAN Card, you will not be able to proceed with your Order.
2.7. In the event you do not provide us with your PAN Card Number, for an order exceeding Rs. 2,00,000/-, the said order will stand cancelled.
2.8. If you are a User using our Website outside India, you represent and warrant that you are compliant with all the applicable Laws that are required to use our Website.
2.9. In the event any Indian State prohibits the sale of our Products and requires any documentation to support the sale of a product, it is at our sole discretion to reject/cancel such an Order.
3.1. We use a third-party reliable payment gateway. All payments will be processed by the payment gateway provider.
3.2. We do not store or save your credit card/debit card/mobile wallet or banking information in any manner.
3.3. If there are any errors in a transaction made through the gateway, we will do our best to rectify the error. If a payment has been deducted but the order has not been confirmed, the deducted amount will be credited to your account between 7 to 10 business days.
3.4. If there has been an error in the transaction or it has failed, please contact us at our general email id and we will assist you to rectify the error
4. Shipment and Delivery:
4.1. Once an order has been placed on our website, and the payment has been received we will ship the selected products to the address mentioned by you in the checkout page.
4.2. Please ensure that the correct address details have been mentioned when you register/checkout as we will not be liable for any delivery issues if the address that you have mentioned is incorrect or unattended to.
4.3. In general shipment of the purchased products will take between 5 to 8 business days.
4.4. We will send you an email confirmation when we have been notified that the products have been delivered to the addressed mentioned in the order form.
4.5. All ownership title and risk in the products transfers to you immediately upon delivery of the products at the address that you have mentioned while placing the order
5.1. If an order has been placed and needs to be cancelled prior to the shipment of the products we will be able to cancel an order. Artisticks has the full right to decide whether an order has been processed and shipped or not.
5.2. Once the products have been shipped from our warehouse no requests for cancellation will be entertained.
5.3. Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.
5.4. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order
6. Exchanges and Refunds:
6.1. Products once sold and delivered will not be exchanged or returned except in the following circumstances:
6.1.1. You have received products which are different from that which you have ordered.
6.1.2. If the product that you have received was delivered to you in a damaged state. Upon received of the product in a damaged state, you will need to provide photographic evidence of the damage immediately upon receipt. Artisticks will have the ultimate authority to review the information and decide if the product was damaged in transit of after receipt. Please note that this if you were not available at the address of delivery and if the products were left with a designated person or neighbour or guard, we will not be responsible for any claims of damage.
7. Franchising Opportunities: If you are looking to secure a Distributorship or a Franchise Opportunity to set up an Artisticks Art Gallery or a shop for the sale of the Products you may fill out the Franchise Enquiry Form on the Website.
7.1. We will respond to your request in due course and provide you with necessary information and requirements to proceed with the Franchise if feasible.
8.1. When you visit the Website, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
9. Usage Restrictions
9.1. You shall not use the Website for any of the following purposes:
9.1.1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
9.1.2. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
9.1.3. Gaining unauthorised access to other computer / network systems.
9.1.4. Interfering with any other person's use or enjoyment of the Website.
9.1.5. Breaching any applicable laws.
9.1.6. Interfering or disrupting networks or websites connected to the Website.
9.1.7. Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of the owner.
9.2. You are also prohibited from:
9.2.1. violating or attempting to violate the integrity or security of the Website or its content.
9.2.2. intentionally submitting on the Website any incomplete, false or inaccurate information.
9.2.3. making any unsolicited communications to other users of the Website.
9.2.4. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website.
9.2.5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Website.
9.2.6. copying or duplicating in any manner any of the content on the Website or other information available from the Website.
9.2.7. framing or hotlinking or deep linking any content on the Website.
10. Ownership of Rights:
10.1.1. Copyright: Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non commercial use is prohibited without the explicit permission of Artisticks. All information displayed, transmitted, or carried on the Website is protected by copyright and other intellectual property laws. This site is designed, updated, and maintained by Artisticks or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
10.1.2. Designs: Each of the Products that you access and view on this Website have been created by Artisticks and the Copyright and or Design Rights in the Products vest solely with Artisticks.
10.1.3. You are categorically put on notice not to copy, or use the Product Images, Product Designs in any manner.
10.1.4. Trademarks: The products, listed on our website contain trademarks, which include words, logos, phrases and packaging. All the product ranges and brands depicted on this Website are our trademarks.
10.1.5. If you do find a product that infringes your intellectual property, please provide us with relevant details and we will take appropriate action. You can send us your details and the instances of infringement to the following email address __________
12.1.1. You agree to indemnify, defend and hold harmless Artisticks from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Artisticks that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to
be performed by you pursuant to these Terms.
13. Force Majeure
13.1.1. Except with regard to payment obligations, either party shall be excused from delays in performing or from failing to perform its obligations under the present Terms and to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: default of subcontractors or suppliers; failures or default of third party software, vendors, or products; acts of God or of the public enemy; Indian or foreign governmental actions; strikes; communications,network/internet connection, or utility interruption or failure; fire; flood; epidemic; and freight embargoes.
14.1.1. The Website is provided without any warranties or guarantees and in an “As Is” condition.You must bear the risks associated with the use of the Website.
14.1.2. To the fullest extent permitted under applicable law, Artisticks or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages,including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or these Terms.
14.1.3. Without prejudice to the generality of the section above, the total liability of Artisticks to you for all liabilities arising out of these Terms be it in contract is limited to the value of the product ordered by you.
14.1.4. Artisticks, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, link statics or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted.
14.1.5. Artisticks has made every effort to display the colours, texture, fine finishes and sizes of our products that appear on our website as realistically as possible. However, as the actual image characteristics you see are invariably subject to manual finishes, we cannot guarantee that your monitor's display of the colour, texture or finishes will accurately reflect the colour of the product on delivery. Packaging of the product may vary from that displayed on the website.
14.1.6. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.
15.1.1. If you breach the conditions mentioned in these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
16. Governing Law
16.1.1. These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Chennai, India.
17.1.1. You can contact us for any questions or these Terms at the following email address firstname.lastname@example.org