Terms & Conditions
Terms Of Use
Welcome to www.artgossips.com (“Website”). Art Gossips and/or its affiliates provide website features and other products and services to you when you visit or shop at www.artgossips.com, use Art Gossips products or services, or use software provided by Art Gossips in connection with any of the foregoing. Art Gossips provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Art Gossips(“Company” or “us” or “we” or “www.artgossips.com”). 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. Not withstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.
RIGHT TO CHANGE
Art Gossips reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.
PRIVACY
We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.
ELECTRONIC COMMUNICATIONS
When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. 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. The legal requirements would be in conformity with the Indian 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.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Art Gossips owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Art Gossips without obtaining authorization from it.
User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Art Gossips does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted Art Gossips the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants Art Gossips, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of Art Gossips, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
TRADEMARKS
The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of Art Gossips protected by copyright as a collective work under the applicable copyright laws. Art Gossips owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Art Gossips and the copyright owner is permitted.
If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Art Gossips shall not be deemed to be in the public domain but rather the exclusive property of Art Gossips, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of Art Gossips, unless otherwise stated.
INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
Art Gossips respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email as provided herein below.
USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. Art Gossips reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Art Gossips has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of Art Gossips and Art Gossips owes no responsibility to provide you any information regarding such change.
You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:
Belongs to another person and to which you does not have any right to; is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, podophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation. That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Art Gossips shall in no manner be held responsible for the same That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that Art Gossips shall in no manner be held responsible for the same.
ORDER CANCELLATION BY Art Gossips
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Art Gossips reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. 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. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by Art Gossips.
SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate Art Gossips for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.
PAYMENT
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
All payments made against the purchases/services on www.artgossips.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by Art Gossips. Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to our users.
Art Gossips may employ Razorpay third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by Art Gossips which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
DELIVERY
Art Gossips endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Art Gossips fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Art Gossips may at its discretion charge you for additional shipping cost.
LOSS IN TRANSIT
Art Gossips endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if Art Gossips fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Art Gossips may at its discretion charge you for additional shipping cost.
REFUNDS & RETURNS
Art Gossips shall make all endeavors to deliver defect free products to the purchasers. Art Gossips does not take title to any returned items purchased by the user unless the item is received by Art Gossips. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to Art Gossips within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered. Gifts purchased online are not eligible for exchange/refund/return.
Art Gossips holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy.
WARRANTIES & LIABILITY
All information, content, materials, products (including software) and other services included on or otherwise made available to you by Art Gossips are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. Art Gossips makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through Art Gossips, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
Art Gossips does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that Art Gossips shall not be liable for any damages of any kind related to your use of this Website.
Though Art Gossips shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. Art Gossips shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
Art Gossips will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.