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Last Updated: 06/03/2025
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Introduction and Acceptance
Welcome to our art website and online gallery. These Terms and Conditions govern your use of our website, the purchase of artwork, and all related services provided by us. By accessing our website, browsing our gallery, making a purchase, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these terms in their entirety.
We are an art business located in Bhavnagar, Gujarat, India, and you can contact us at info@artbyvarsha.com or 917-408-3148 for any questions regarding these terms. If you do not agree with any part of these terms and conditions, you must not use our website or services.
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Definitions
Throughout these terms, certain words and phrases have specific meanings. "We," "us," "our," and "the Company" refer to [Your Art Business Name], the art business operating this website. "You," "your," and "customer" refer to any individual or entity accessing or using our website or services. "Website" refers to our online platform where artwork is displayed and sold. "Artwork" or "products" refers to all artistic creations, prints, originals, and related items offered for sale through our website. "Services" encompasses all features, functionalities, and offerings available through our website.
Eligibility and Account Registration
Our services are available to individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By using our website, you represent and warrant that you meet these eligibility requirements. If you are accessing our website on behalf of a business or organization, you represent that you have the authority to bind that entity to these terms.
When creating an account on our website, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, particularly if we suspect fraudulent activity or violation of these terms.
Product Information and Availability
We strive to provide accurate descriptions, dimensions, colors, and other details about our artwork. However, we cannot guarantee that color reproductions on your screen accurately reflect the actual colors of the artwork due to variations in monitor settings and display capabilities. All measurements and dimensions are approximate and may vary slightly from the stated specifications.
Artwork availability is subject to change without notice. We make every effort to ensure that our website reflects current inventory, but occasionally items may become unavailable between the time you place an order and when we process it. In such cases, we will contact you promptly to discuss alternatives or provide a full refund. All artwork is original or authorized reproductions unless specifically stated otherwise in the product description.
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Pricing and Payment Terms
All prices displayed on our website are in Indian Rupees (INR) unless otherwise specified and include applicable taxes. Prices are subject to change without notice, but any changes will not affect orders that have already been confirmed and paid for. We reserve the right to correct pricing errors, even after an order has been placed, and will contact you to confirm the correct price before processing your order.
Payment is required in full at the time of order placement. We accept various payment methods including credit cards, debit cards, net banking, digital wallets, and other payment options as displayed during checkout. All payments are processed securely through our payment service providers. By providing payment information, you represent that you are authorized to use the chosen payment method and authorize us to charge the full amount of your purchase.
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Order Process and Confirmation
When you place an order through our website, you are making an offer to purchase the selected artwork subject to these terms. Order confirmation does not guarantee acceptance of your offer. We reserve the right to accept or decline any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraudulent activity.
Once we accept your order, we will send you an order confirmation email containing details of your purchase. This confirmation constitutes our acceptance of your offer and creates a binding contract between us. Please review your order confirmation carefully and contact us immediately if you notice any errors or discrepancies.
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Shipping and Delivery
We will arrange for shipping of your artwork to the address you provide during checkout. Shipping costs, delivery timeframes, and available shipping methods will be clearly displayed before you complete your purchase. Delivery times are estimates only and may vary due to factors beyond our control, including weather conditions, courier delays, or customs processing for international shipments.
Risk of loss and ownership of artwork passes to you upon delivery to the shipping address you designate. You are responsible for providing an accurate shipping address, and we are not liable for delays or non-delivery resulting from incorrect address information. If you will not be available to receive the shipment, please arrange for someone to accept delivery on your behalf or consider having the package delivered to your workplace or another secure location.
For high-value artwork, we may require signature confirmation upon delivery or offer insured shipping options. We will package all artwork with appropriate protective materials to ensure safe transit, but we recommend purchasing shipping insurance for valuable pieces.
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Returns, Exchanges, and Refunds
We want you to be completely satisfied with your purchase. If you are not satisfied with your artwork for any reason, you may return it within 15 days of delivery for a full refund, provided the artwork is returned in its original condition, undamaged, and in its original packaging. Custom or commissioned artwork cannot be returned unless there is a defect or error on our part.
To initiate a return, you must contact us within the specified return period to obtain return authorization and instructions. You are responsible for return shipping costs unless the return is due to our error or a defective product. Refunds will be processed to your original payment method within [X] business days after we receive and inspect the returned artwork.
We reserve the right to refuse returns that do not meet our return policy requirements or where the artwork shows signs of damage, alteration, or misuse. Any return shipping damage is your responsibility, so please package returned items carefully and consider purchasing shipping insurance.
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Intellectual Property Rights
All artwork, images, text, graphics, logos, designs, and other content on our website are protected by copyright, trademark, and other intellectual property laws. We or our artists retain all rights, title, and interest in and to our intellectual property. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our content without our express written permission.
When you purchase artwork from us, you are acquiring the physical piece and the right to display it for personal use. Unless explicitly stated otherwise, the purchase does not transfer any copyright or reproduction rights to you. You may not reproduce, photograph for commercial purposes, or create derivative works based on the purchased artwork without proper authorization.
User Conduct and Prohibited Activities
You agree to use our website and services only for lawful purposes and in accordance with these terms. You must not use our website in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with other users' enjoyment of our services. Prohibited activities include but are not limited to attempting to gain unauthorized access to our systems, transmitting viruses or malicious code, engaging in fraudulent activities, or violating any applicable laws or regulations.
You are prohibited from using our website to transmit, distribute, or store any content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable. You may not impersonate any person or entity or misrepresent your affiliation with any person or entity when using our services.
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Privacy and Data Protection
Your privacy is important to us, and our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these terms by reference. By using our website, you consent to the collection and use of your information as described in our Privacy Policy. We comply with applicable Indian data protection laws, including the Information Technology Act, 2000, and related rules and regulations.
Disclaimers and Limitation of Liability
Our website and all content, artwork, and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of our website or services, even if we have been advised of the possibility of such damages. Our total liability to you for all claims arising out of or relating to these terms or your use of our website shall not exceed the amount you paid to us for the specific artwork or service giving rise to the claim.
Indemnification
You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of our website, your violation of these terms, your violation of any rights of another party, or any content you submit or transmit through our website.
Force Majeure
We shall not be liable for any failure or delay in performance of our obligations under these terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, epidemics, or failure of suppliers or subcontractors. In such cases, we will make reasonable efforts to notify you and minimize the impact of such circumstances.
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Governing Law and Dispute Resolution
These terms and conditions are governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes arising out of or relating to these terms or your use of our website shall be subject to the exclusive jurisdiction of the courts in Gujarat, India.
Before initiating any legal proceedings, we encourage you to contact us directly to resolve any disputes amicably. We are committed to working with you in good faith to address any concerns or issues that may arise. If informal resolution is not possible, any legal action must be commenced within one year after the claim or cause of action arises.
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Modification of Terms
We reserve the right to modify these terms and conditions at any time without prior notice. Changes will be effective immediately upon posting on our website. Your continued use of our website after any changes constitutes your acceptance of the modified terms. We recommend that you review these terms periodically to stay informed of any updates.
For significant changes that materially affect your rights or obligations, we will make reasonable efforts to notify you via email or through prominent notices on our website. However, it is your responsibility to check these terms regularly for updates.
Severability and Entire Agreement
If any provision of these terms is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision will be replaced with a valid provision that most closely reflects the intent of the original provision.
These terms and conditions, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and us regarding your use of our website and services. These terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us.
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Termination
We may terminate or suspend your access to our website and services immediately, without prior notice or liability, if you breach any of these terms or for any other reason at our sole discretion. Upon termination, your right to use our website will cease immediately, and you must stop all use of our services.
The provisions of these terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
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Contact Information
If you have any questions about these Terms and Conditions, need clarification on any provision, or wish to report a violation, please contact us using the following information:
Email: info@artbyvarsha.com
Phone: +91 - 971 298 5226
Address: Bhavnagar, Gujarat, India
We are committed to addressing your concerns promptly and maintaining clear communication with all our customers. For immediate assistance, email is typically the fastest way to reach us.
Acknowledgment
By using our website, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. You also acknowledge that these terms may be updated from time to time and that your continued use of our website constitutes acceptance of any such updates.
These Terms and Conditions are effective as of 06/03/2025 and govern all use of the ArtByVarsha.com website and services.