Terms and Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of http://www.artinkart.com website.

Overview

This website is operated by M/s Art In Kart. Throughout the site, the terms “we”, “us” and “our” refer to M/s Art In Kart. M/s Art In Kart offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Terms of Sale mentioned below apply to all offers made by Artinkart.com (hereinafter referred to as “the Site”), all registration done herein, all orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.

The products showcased on our website may not always be physically in the possession of Art in kart and may be physically stocked elsewhere in India.
All artworks displayed for sale on the Website will be sold at the price listed on the website and will be shipped in the shipping condition mentioned for respective artwork on the website.
The price quoted for the products are inclusive of taxes, shipping and handling. No discount(s) will be accorded on the quoted price unless otherwise mentioned. By placing an order, the Buyer accepts liability for all taxes and duties applicable on the purchase as well as packing, shipping and handling charges of the product.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Reliable and reputed couriers are used for shipping artworks. However, please allow 6-8 working days for delivery of artwork.
The information that the Buyer furnishes at the time of registration or amended when the purchase of an product is finalized, will be considered by Art in kart to be the final billing address and shipping address for delivery of the respective product. No modification whatsoever will be entertained after the sale has been executed. All invoices will be raised by Art In Kart based on the registration information provided by the buyer at the time of making the purchase.
The posters that are unframed and un-mounted will be shipped in a rolled format & in protective cylinders (as already indicated in the shipping condition). We, however, do not guarantee for the glass in case of posters shipped with glass frames, though utmost care is taken while packing.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
In case there is any damage to the product in transit the Buyer should not accept the parcel and should notify Art In Kart immediately.
Products received in an unsatisfactory condition by the buyer may be returned to Art In Kart (after intimating Art In Kart to that effect) within 2-3 working days in an “as is” condition. In such a case Art In Kart will refund the payment to the buyer and cancel the order. However, the unsatisfactory condition will only be covered for damaged or spoilt condition, and NOT because the buyer did not like the product he has purchased.
While great care is taken to reproduce the colors and form of products exhibited on the website there may still be little variations since each product is individually made. Moreover, there may be some difference between a photograph and actual work. Any complaint in this is not entertained.
You agree to abide by all the terms and conditions mentioned herein. In particular, you warrant that all information submitted by you will be true and accurate.
The buyer warrants that all the information furnished at the time of registration is true and correct and any change therein is duly updated and intimated to Art In Kart on timely basis. Art In Kart is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Art In Kart forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Art In Kart.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Upon processing a successful transaction, a confirmation email will be sent to the email address supplied with the details of your order. Please note that, we DO NOT collect/store credit card/debit card or any of your sensitive financial details on our server.
Please refer to the Disclaimer and the terms of our Privacy Policy, which together with these terms and conditions govern your use of the website.
Disputes if any, would be subject to Delhi jurisdiction only.

Disclaimer

These terms and conditions shall govern your use of the site http://www.Artinkart.com, and
all other URLs forming part thereof (hereinafter referred to as “the Sites”). These Terms and Conditions of Use form the entirety of any express or implied contract that may or may be deemed to exist between you (the user of the Sites) and Art in kart.

Limitation on Personal and non-commercial use

You shall use the Sites in good faith and for the essential purposes for which the Sites are intended. The Site is for your personal and non-commercial use, unless otherwise indicated. Modification, copying, distribution, transmission, display, performance, reproduction, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products or services obtained from the Site is strictly prohibited.

No unlawful or prohibited use

As a condition of your use of the Sites, you warrant to Art In Kart that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Modification of Terms and Conditions of use

Art In Kart reserves the right to change the terms, conditions, and notices under which the Sites are offered. This includes, but is not limited to, the charges, if any, that are associated with the use of the sites at any time with or without any prior notice. You are responsible for regularly reviewing these terms and conditions to keep yourself updated in this regard.

Liability Disclaimer

The information, software, products, and services included in or available through the Sites have been contributed by various collectors/suppliers and may include inaccuracies or typographical errors. Changes are periodically added to the information herein by collectors/suppliers and Art In Kart. Advice received via the Sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Art In Kart make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Sites for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. Art In Kart hereby disclaims all warranties and conditions with regard to these information, products, software, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event Art In Kart , its owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall be liable for any injury, loss, claim or any direct, indirect, punitive, incidental, special, consequential damages or any damages of any kind, whatsoever including, without limitation, damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising out of or in any way connected with the use or performance of the Sites, with the delay or inability to use the Sites or related services or any products procured using the service, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise. If you are dissatisfied with any portion of the Sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Sites.

Severability

In the event that any provision of the Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination/Access Restriction

Art In Kart reserves the right to terminate your access to any or all Sites and the related services or any portion thereof at any time, without notice at its sole discretion.

General

These Terms and Conditions of Use are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Delhi, India in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Art in kart as superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Art in kart with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Art in kart with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form as a result of this agreement or use of the Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed.

Payments

You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Sites. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods. In any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute. No third party is authorized to give a link on their website to Art in kart website without prior written approval from the Art in kart authorities.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the law of Republic of India. All legal proceedings arising out of or in connection with this terms and condition shall be brought solely in India and Buyer expressly submits to the jurisdiction of Delhi Courts only.