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Terms & Conditions

Terms & Conditions

The "artbasketindia.com" is e-commerce platforms that provide online shopping facilities to the general public and give a platform to artists and sellers to sell their paintings, sculptures, handicrafts, and art materials


The public can also request customized work (to individual specifications) for paintings, portraits, sculptors and relief work on walls and canvases in the "customize" section of the website. ARTBASKET INDIA is an Indian company registered under the Companies Act of 2013, with its registered office at H. No. 188, Near Birsa Chowk, Soni Electronics Gali, Beside Hotel Raso Ranchi, Jharkhand, 834003. For the sake of brevity, the company will be referred to as "Art Basket India" or "Art Basket India."


It is recommended that all website www.artbasketindia.com registrants accept the terms and conditions as well as the privacy policy and agree to the contents therein. If you do not agree with or accept the terms and conditions, then please do not proceed further. If you proceed further, then it shall be deemed acceptance of these terms and conditions, and you shall be unconditionally bound by them.


The rules are governed by Rule 3(1) of the Information Technology (Intermediary) Guidelines, 2011, and they are consistent with that legislation. According to the Information Technology Act and its amending legislation and clauses, these are a component of the electronic record. Since this document is produced by a computer system, neither a physical nor digital signature is necessary. The business is not required to notify users, whether they are registered or not, before or after making changes to the Terms and Conditions. The updated terms and conditions may or may not be immediately accessible on the website.


Before using the company's website, each user must accept the terms and conditions in the manner specified by the company. Also, the continuous usage of the website shall affirm the acceptance of the terms and conditions. Please read the terms and conditions listed below before using the website's services. The use of materials, services, and other information on the website legally signifies that you have accepted the terms and conditions of the website.


In case of any clarifications, please feel free to revert to info@artbasketindia.com.

DEFINITIONS

  1. Wherever the context of "you," "user," or "customer" has been used, it will imply that the reference is to any natural or legal individual or entity and/or its representative, successors, and assigns who have agreed to the terms and conditions of usage of the website and the services provided by the same by entering information while registering on the website.
  2. The terms "we," "us," and "our" refer to Artbasket India and/or its representatives, successors, and assigns.
  3. “Website" is a reference to our website, www.artbasketindia.com, through which we offer our goods and services.
  4. “Agreement" is a reference and includes the terms and conditions, privacy policy, order form, pricing policy, return and cancellation policy, and delivery instructions for payment provided to you.

GENERAL

This agreement is between the Customer or the Business you represent and ARTBASKET INDIA. By registering your information on the website as a customer or by using the services provided by Us, you agree to be bound by the terms and conditions enclosed in this document which will also include the Terms of Use and the Privacy Policy and other policies for every service you register for or which you are using in relation to ARTBASKET INDIA.


artbasketindia.com is the website/portal and the Business is a subscriber to the services wherein the customer is given a portal to order the entire product range of paintings, art materials and customized artwork and handicrafts and/or any other products offered on the portal.

User Eligibility

Any individual who is above the age of 18 years, any firm, company, or association can duly subscribe to our services. The user represents that he or she is of legal age to enter into a legal obligation with the website and has not been restricted access to use the services offered by the website. A minor shall be allowed to use the services offered by the website only under the guardianship of an adult, in accordance with the laws of India. If a user does not fall within the ambit of the eligibility criteria, he or she will not be allowed to use the services offered by the website.

VENDOR'S AND ARTIST'S TERMS AND CONDITIONS

These vendor terms and conditions (the "Agreement") govern your use of the art gallery e-commerce platform (the "Platform") as a vendor. By using the Platform, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not use the Platform.

Eligibility

To use the Platform as a vendor, you must be at least 18 years of age and have the legal capacity to enter into a contract.

Account Registration

In order to use the Platform as a vendor, you must create an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to immediately notify the art gallery e-commerce business of any unauthorized use of your account or password.

Listing of Artworks

You may list your artworks on the Platform for sale. You must accurately describe your artworks, including dimensions, medium, and any other relevant information. You must also set a price for each artwork that you list. The art gallery e-commerce business reserves the right to remove any artwork that it determines, in its sole discretion, to be inappropriate or in violation of this Agreement.

Sale of Artworks

If a customer purchases one of your artworks through the Platform, the art gallery e-commerce business will process the payment and, once payment has been received, will provide you with the customer's shipping information. You must ship the artwork to the customer within the time frame agreed upon with the customer. You are responsible for the cost of shipping and any customs fees or duties that may be incurred.

Authentication certificate

Both the vendor and the artist can download the authentication certificate from the website and attach it to the product before shipping it to the customer.

Commission

The art gallery e-commerce business will charge a commission of 20% on the sale price of each artwork sold through the Platform. The commission rate will be set by the art gallery e-commerce business and may be changed from time to time.

Taxes

You are responsible for determining and paying any applicable taxes for the sale of your artworks through the Platform.

Intellectual Property

: You represent and warrant that you have the right to sell the artworks you list on the Platform and that the sale of your artworks does not infringe upon the intellectual property rights of any third party.

Termination

The art gallery e-commerce business may, at its sole discretion, terminate this Agreement at any time and for any reason. Upon termination, you must immediately remove all of your artworks from the Platform and cease using the Platform.

Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. The art gallery e-commerce business makes no representations or warranties of any kind, express or implied, as to the operation of the Platform or the information, content, materials, or products included on the Platform.

Limitation of Liability

In no event will the art gallery e-commerce business be liable for any damages of any kind arising from the use of the Platform, including but not limited to indirect, incidental, punitive, and consequential damages.

Responsibility for Shipping

Vendors are responsible for ensuring that the correct artwork is shipped to the customer in good condition. In the event that a vendor sends the wrong artwork or an artwork that is defective, the vendor will be responsible for correcting the error and covering any related costs.

Liability for Defective or Fake Products

Vendors are fully liable for the quality of the products they offer for sale through the art gallery e-commerce business. If a customer receives a defective or fake product, the vendor will be responsible for providing a full refund or a replacement product, at the customer's discretion, including the cost of shipping.

Reporting Errors

If a customer receives the wrong artwork or an artwork that is defective, they must notify the vendor and the art gallery e-commerce business within a reasonable timeframe. The customer should provide detailed information about the error, including photographs if possible.

Correction of Errors

The vendor must take prompt action to correct any errors and make every effort to resolve the issue in a manner that is satisfactory to the customer. The vendor may be required to either send the correct artwork to the customer or provide a full refund, as determined by the art gallery e-commerce business in its sole discretion.

Shipping Costs

The vendor will be responsible for covering all shipping costs associated with correcting the error, including return shipping for the incorrect artwork and shipping for the correct artwork.

Quality Control

Vendors are encouraged to implement their own quality control procedures to minimize the risk of shipping the wrong or defective artwork. The art gallery e-commerce business reserves the right to hold a vendor responsible for any errors that could have been prevented through reasonable quality control measures.

Repeat Offenders

If a vendor repeatedly sends the wrong or defective artwork, the art gallery e-commerce business may take appropriate action, up to and including termination of the vendor's account.

Changes to this Agreement

The art gallery e-commerce business reserves the right to make changes to this Agreement at any time. Your continued use of the Platform following the posting of any changes to this Agreement constitutes acceptance of those changes.

VENDOR'S AND ARTIST'S LIABILITY FOR DEFECTIVE OR FAKE PRODUCTS:

Liability for Defective or Fake Products

Vendors are fully liable for the quality of the products they offer for sale through the art gallery e-commerce business. If a customer receives a defective or fake product, the vendor will be responsible for providing a full refund or a replacement product, at the customer's discretion.

Reporting Defective or Fake Products

Customers must report any defective or fake products to the vendor and the art gallery e-commerce business within a reasonable timeframe. The customer should provide detailed information about the defect or fake product, including photographs if possible.

Correction of Errors

The vendor must take prompt action to correct any errors and make every effort to resolve the issue in a manner that is satisfactory to the customer. The vendor may be required to either provide a full refund or send a replacement product, as determined by the art gallery e-commerce business in its sole discretion.

Shipping Costs

The vendor will be responsible for covering all shipping costs associated with correcting the error, including return shipping for the defective or fake product and shipping for the replacement product.

Quality Control

Vendors are encouraged to implement their own quality control procedures to minimize the risk of shipping defective or fake products. The art gallery e-commerce business reserves the right to hold a vendor responsible for any errors that could have been prevented through reasonable quality control measures.

Repeat Offenders

If a vendor repeatedly sends defective or fake products, the art gallery e-commerce business may take appropriate action, up to and including termination of the vendor's account.

Dispute Resolution

If a dispute arises regarding a vendor's liability for a defective or fake product, the art gallery e-commerce business will make a final determination in its sole discretion. Any decision made by the art gallery e-commerce business will be binding on both the vendor and the customer.

CUSTOMER REGISTRATION INFORMATION

Username and password request

username and password requested by a customer are subject to the discretion of the company. We may or may not accept the desired username and password as per the database so as to maintain uniqueness. Recommendations will be provided to a new entrant in case the desired username and password are not approved due to any factor. During the registration process, the user’s ID and other information are set. The user can change or add its contact numbers and delivery addresses based on their usage and needs.

DATA RELATING TO CUSTOMERS

To move on to the next level, it is essential for both sellers/buyers to fill out the registration form with all the necessary information at the time of registration. You are responsible for providing us with accurate age information whenever and wherever requested because it will influence your ability to enter into a binding contract with us. You are responsible for maintaining accuracy of all information, including your delivery address, phone number, and other contact information, at all times. The corporation retains the right, in its sole discretion, to reject registration or to disable the user's ID.


The company is not responsible and cannot be held liable for defective services in the following cases:

  1. Incorrect delivery address supplied by the user;
  2. Any loss incurred by the user or customer as a result of providing incorrect or incorrect information on the company's website.
  3. Any deficit in the remittance of payment to the company for the products ordered and
  4. For any wrong information or content published by the user on the website that violates the applicable laws, the user shall be prosecuted under the statutory laws for the same.

RESTRICTED USE OF WEBSITE

The user agrees not to use the content of the website in any unlawful manner. Without the express written consent of ARTBASKET INDIA, the user is not allowed to copy, reproduce, republish, post, upload, display, translate, transmit, or distribute any portion of the website or its content. Vendors may utilize the data on ARTBASKET INDIA., but they are strictly prohibited from:


  • Amend, modify, or remove any notice in any document.
  • Personal and non-commercial use of information.
  • Post or upload information to any other networked computer from ARTBASKET INDIA.
  • Make any amendments, additions, or deletions to the existing documentation.
  • Use of any content, image, information, or design for personal purposes is prohibited.

The business does not advocate for or accept responsibility for any defamatory or unpleasant information. The procedures described in the following parts of this manual allow users to report any usage of offensive content.


Users acknowledge that ARTBASKET INDIA has the right and full power to alter or remove all or part of the website. At our discretion, we have full authority to waive fees or give discounts to a variety of products or venues.


This website may only be browsed and used to order things for the customer's usage. By signing this agreement, you promise that you will not host, display, upload, change, publish, transmit, update, or share any information on this website that belongs to someone else and over which you have no legal authority.


  1. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, and invasive of another’s privacy, hateful, or racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
  2. Harms minors in any way.
  3. Infringes any patent, trademark, copyright, or other proprietary or intellectual property rights.
  4. Violates any law for the time being in force.
  5. Any message that deceives or misleads the addressee about the origin of such messages or communicates any information that is grossly offensive or menacing in nature.
  6. Impersonates another person.
  7. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.
  8. Threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense, prevents investigation of any offense, or is insulting any other nation; or
  9. Is misleading or known to be false in any way.

INTELLECTUAL PROPERTY POLICY

TThis website is the sole and exclusive proprietary right of ARTBASKET INDIA. All the intellectual property with respect to the products, materials, content, concepts, and photographs is duly protected by the relevant IPR laws and is exclusively owned by the company, its subsidiaries, or associate companies. The website is protected under the Copyright Act as applicable in India and also under the international convention to which India is a signatory, and thus has worldwide protection under copyright laws in the concept, material, pictures, and any other data available on this portal that exclusively belongs to the company.


The company’s logos, trademarks, artist works, or service marks or names are trademarks owned by the company. The user undertakes not to display or use the same in any manner without the written prior permission of the company.


The user is advised not to misuse any IP of the website, its content, or the company in any manner whatsoever. Any misuse by the user shall be construed as a moral infringement, and the company shall enforce its IP rights strictly against the user.


Any reference to names, marks, products, or services of third parties are merely advertisements or hyperlinks solely provided for the purposes of a user-friendly customer interface as per the requirements of the customer. They do not imply any company sponsorship, affiliation, or recommendation between the company and such a third party.

LIABILITY FOR PRODUCT INFORMATION

The product images displayed on the website or in the mobile application are only for representation and reference. The actual product might differ in its color, appearance, or final packaging. The availability of the products shall be determined only at the time when the actual order is being placed and after confirmation of the delivery locations.


The pictures and the colors of the product as displayed on the website may differ from the actual product delivered.


The products and packaging as exhibited on the website might vary with the details of the product delivered to you with respect to the batch number, date of packing, and date of expiry, as these would vary so as to ensure quality products are delivered to the customer.


In case the manufacturer changes the packaging while retaining the quantity and contents, the product as delivered will again vary in its look.


Thus, color variation, details of the label on the product, and packaging changes in the bottle, box, or container shall not amount to a defect or deficiency in service.


Perishable products, which are goods or products of daily needs, have a limited shelf life due to their perishability, and thus, any grievance for those cannot be taken cognizance of by the company if the same is not reported within a span of 24 hours from the time the product was delivered to the customer.

PRICING POLICY

The products shall be sold at the maximum retail price or less, as stated on the label of the packaging. The goods will never be sold at a price higher than the MRP. As regards the paintings, handicrafts, and artwork, they shall be sold at the rate that is displayed at the time of the final ordering of the products. The prices of the perishable paintings, handicrafts, and artwork from the other sellers keep fluctuating. The price charged at the time of order and payment takes precedence over the price charged at the time of delivery. The amount of the bill will be rounded up to the nearest rupee. i.e., fractions of 50 paisa and above shall be rounded off to the next higher rupee, and fractions of less than 50 paisa shall be ignored.

DELIVERY POLICIES & PROCEDURE

Shipping costs vary widely depending on the item: source, destination, dimensions, volume, weight, fragility, and customer preference; hence, they cannot be offered at a fixed rate. Shipping costs may be communicated to the customer through the "invoice" stage.

Packaging will have to be done by the vendor or artist, and the cost of shipment will have to be borne by the vendor or artist

Shipping Duration:

  • Items are shipped from our reputable shipping services on working days between Mondays - Saturday.
  • Items are shipped directly from the artist or seller, shipping durations and some terms and conditions may vary.
  • Shipping is available to customers in India if their location is serviced by the respective services. The earliest opportunity for shipping is the next working day after receipt of payment. Typically, items may take between 3 - 15 days to deliver after confirmation of payment.
  • Delays caused in shipping are beyond our control, and we are not liable for damages if any are caused by such delays.
  • Since there is a chance that the glass will break during shipping, the majority of paintings are supplied unframed.

Items can only be shipped to the "Billing Address" to prevent incidences of Fraud. Billing Address must match address-on-file with the Bank that issued that payment instrument.

If returned due to unforeseen circumstances or address errors, the cost of Return-Shipping will be borne by the customer.

Items may be optionally insured against "Damage in Transit" by the customer at an additional cost.

MODIFICATION AND CANCELLATION POLICY

Users can modify or cancel the order at any time before they receive a notification that the product or order is ready to be dispatched from the company or out for delivery. In case the order is modified, the balance remittance is to be paid, and in case the order is canceled, the company shall refund the money to the user.


The order cannot be cancelled once it is notified that it is out for delivery.

CUSTOMER OPINION AND FEEDBACK

The company works on the principles of genuine feedback and improvement and thus encourages the opinions of customers. The company has a policy of reporting all feedback on its website to the senior-level officers, who make every effort to improvise on matters within the ambit of the company.


All opinions, reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered on the website or otherwise disclosed, submitted, or offered in connection with use of the website or the mobile application (collectively, the Comments) shall be and remain the property of the company. Such disclosure, submission, or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles, and interests in all copyrights and other intellectual properties contained in the Comments. Thus, the company shall exclusively own all such rights, titles, and interests in the Comments and shall not be limited in any way in its use in any manner whatsoever, whether commercial or otherwise.


The company will be entitled to reproduce, exhibit, use, disclose, modify, adapt, create derivative works from, and publish, display, and distribute any comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments as confidential; (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments you post on the site will not infringe on the Terms of Service or any third-party right, including copyright, trademark, privacy, or other personal or proprietary right(s) and will not cause injury to any person or entity. You also agree that any Comments you submit to the site will not be slanderous, libellous, or otherwise illegal material, threatening, abusive, or obscene material, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of "spam." The company does reserve the right (but assumes no obligation) to monitor, edit, and/or remove any comments submitted on the site. You hereby grant the company permission to use any names you submit in connection with your comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are, and shall remain, responsible for the content of any Comments you make, and you agree to indemnify the company and its affiliates against all claims, losses, and liabilities resulting from any Comments you submit.


Furthermore, any reliance on Comments posted by third parties on the site is entirely at your own risk and expense.

PAYMENT POLICY

The user may opt for the Cash on Delivery option, whereby the user shall make the payment to the company’s authorized representative, who shall be delivering the order. The user shall be given a proper receipt as against the payment with the order.


The user is entitled to use his or her credit, debit, or any other payment card or online banking facility to make the payment for goods ordered on the website or mobile application. The user understands and agrees that the facilitation of payment through credit cards, debit cards, internet banking, etc. is all processed through an outsourced third-party payment processor. The use of these gateways may necessitate the user's acceptance of additional terms and conditions.


In the event of use of a third-party payment gateway, the company redirects the user to the said website, and it does not collect, access, store, or process any information about the user relating to the credit card, Debit Card, Net Banking or any other financial information. Kindly read and understand the privacy policy of the payment gateway before processing your payment.

INDEMNITY

The user consents to hold the company and its employees, as well as the company's representatives, assigns, and successors, harmless from and against any and all liabilities, costs, and expenses, including attorney fees, resulting from or arising out of claims based on the user's actions or omissions. This provision will remain in effect even after this user agreement expires.

TERMINATION

This User Agreement is in effect as long as the user continues to use the company's website. The user may discontinue any further use of the website at any time. The company may also terminate this agreement with or without notice and accordingly block the user's access to the website. Such termination shall be without any liability to the company. The user undertakes to destroy or delete all the material, if any, downloaded from the website of the company at the time of discontinuation of its services.

LEGAL POLICY

In case a dispute arises between the user and the company, both shall submit to the jurisdiction of a sole arbitrator appointed by the company and under the provisions of the Arbitration and Conciliation Act, 1996. The disputes shall be subject to the jurisdiction of the courts at Ranchi.


Any dispute arising out of or in connection with this agreement between the store and the company shall be resolved by referring the dispute to an arbitrator mutually appointed by both parties or, in the event of a dispute, an arbitrator appointed by the Hon’ble High Court at Ranchi, Jharkhand, which has jurisdiction over this agreement. The said arbitration shall be in accordance with the provisions of the Arbitration and Conciliation Act of 1996. The language of the arbitration shall be English, and the place shall be Ranchi, Jharkhand. This agreement shall be governed by the laws of India.