Welcome to The Art Centre. These Terms & Conditions of Use ("Terms") apply to and govern your use of the The Art Centre web site ("Site") and any services that The Art Centre may provide you through the Site ( " Services " ). In these Terms, the terms "we" or "us" also refer to The Art Centre.
By visiting our Site or using our Services, you are accepting these Terms and our Privacy Policy which is part of these Terms. If you do not agree to these Terms and the Privacy Policy, do not use the Site or request or register for any Services. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of our Site or Services following the posting of changes to these Terms will mean you accept those changes.
The Art Centre
All the art posted on The Art Centre, other than those clearly marked as reproductions or prints, are original works of art and have been certified so by the artist. The Art Centre has made good faith efforts to ensure that each piece of art which is offered for sale on the Site is a genuine work of the artist listed. In case it coming to light that a certain work of art is a copy of another existing work, The Art Centre will not be responsible for any claims in this regard.
The Art Centre has undertaken utmost care to reproduce the colours and form of the [art/ paintings] depicted on the website. However, since each painting is individually painted there may be variations in shade and colour which may not be capable of being reproduced in its original form. The Art Centre will not be held responsible for any such reproduction and no complaints in this regard will be entertained.
Payments & Delivery
Prices are quoted for unframed paintings. The Art Centre can frame the art purchased by you if you desire at an extra cost which would be quoted separately on a case-to-case basis. Prices quoted do not include delivery charges and applicable taxes. The Art Centre is not liable for any charges that may be levied at the destination whether in India or overseas. Sales are against 100% payment in advance. The paintings that are unframed and un-mounted will be shipped in a rolled format and in protective cylinders. For the paintings that are shipped with glass frames, we cannot provide any guarantee for the glass, though utmost care is taken while packing. The dispatch will be done within 15 days of confirmed receipt of the full value of the shipment. Orders where payment is by cheque / demand draft will be shipped only after clearance of the same. You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Site. In particular, you warrant that all information that you submit will be true and accurate and you agree to pay all charges plus all applicable taxes for the purchases made by you.
Returns & Refunds
In the unlikely event that any art or painting which you purchase from The Art Centre is proven to be unauthentic after sale to you, we will refund the full purchase price and shipping costs paid by you under the following terms:
- The claims will be handled on a case by case basis.
- Only the actual buyer will be permitted to make the claim and the benefit of the claim is not assignable to any other person.
- The art or painting has been indisputably purchased from The Art Centre. The buyer will be required to furnish the original invoice/ receipt of the art or painting purchased from The Art Centre at the time of making the claim.
- The authenticity of the art or painting sold would be examined and required to be proven as unauthentic by an [expert in the field nominated by The Art Centre].
- If proven as unauthentic, the art or painting item should be returned in the same condition that it was in, at the time of purchase.
- This guarantee is valid for a period of one year after the purchase of the original artwork from The Art Centre.
License to Use the Site and Services; Restrictions
The Art Centre gives you a non-exclusive, non-transferable and limited right to access and use the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not download, copy, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express our written permission. You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of The Art Centre and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, copy, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without our prior written consent. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to The Art Centre.
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission.
Ownership
The Art Centre owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, artwork, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to applicable copyright laws, international conventions. The Art Centre is the owner of the copyright in the entire Site and Services. The Art Centre owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of The Art Centre and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.
Changes to the Site or Services
The Art Centre shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. The Art Centre may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that The Art Centre may terminate your use of this Site and the Services, cancel your user registration, remove your communications and/or exercise any other remedy available to it, if The Art Centre reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of The Art Centre or any third party, or for any reason with or without notice to you. You agree that The Art Centre will not be held liable to you or any third party as a result thereof.
Links to Other Websites
The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by The Art Centre or any of its subsidiaries and affiliates of any third party, its site, resources or contents. The Art Centre cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. The Art Centre has no control over these sites or the content within them. You should direct any concerns regarding any external link to its site administrator or webmaster.
Disclaimer of Liability
The Art Centre reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
The site and services, including all content, software, functions, materials and information made available on or accessed through the site, is provided on an "as is" "as available" basis without representations or warranties of any kind whatsoever express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose.
Certain content may be considered objectionable by individual users and users must exercise their discretion in using and allowing minors or others to use the site.
Neither The Art Centre nor its content providers warrant that the functions, features or content contained in the site or services will be uninterrupted or error free, that defects will be corrected, or that any other site or the server that makes it available is free of viruses or other harmful components. If your use of this site or services results in the need for servicing or replacing property, material, equipment or data, The Art Centre is not responsible for those costs.
Neither The Art Centre nor its content providers make any warranty as to the accuracy or reliability of the site or services, the content thereof, the materials, information and functions made accessible by the software used on or accessed through the site, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or services or any linked site. Neither The Art Centre nor its content providers warrant that the site or services will meet your requirements or that specific results will arise from use of the site or services or any other The Art Centre products or services. If you are dissatisfied with the site or any services, your sole and exclusive remedy is to discontinue using the site and/or services.
The Art Centre is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.
The Art Centre disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. The Art Centre is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services.
The Art Centre AND ITS AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
The Art Centre AND ITS AFFILIATES OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Indemnity
You agree to indemnify, defend and hold harmless The Art Centre, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of India, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be Mumbai you hereby irrevocably consent to the jurisdiction of such courts.
If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect.
These terms and conditions of use constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
