Terms & Conditions

"<p>ArtsyIndia.com is an aggregator website for traditional Indian arts and crafts products, through which shops and individual sellers can sell their unique traditional Indian ethnic arts and crafts currently to customers located in India. Artsy India is a project by Artsy India Arts &amp; Crafts LLP,&nbsp;that managse its operations from Koramangala, <strong>Bangalore</strong>&nbsp;in collaboration with Bharat Trading Co., Station Road, Ashoknagar, Division – Gwalior, <strong>MP</strong>, India, PIN: 473331. By using ArtsyIndia.com website, you agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This agreement applies to all users of this website, including without limitation users who are sellers, customers, contributors of content, information and other materials or services on this website</p><p><strong>Scope of these Terms &amp; Conditions:</strong></p><p>The Terms &amp; Conditions cover the contractual relationship between ArtsyIndia.com and members of ArtsyIndia.com who use the services of ArtsyIndia. These Terms &amp; Conditions apply only to the accomplishment of contracts between members on the ArtsyIndia.com online platform. The Terms &amp; Conditions do not apply to any impairment of performance within the contractual relationship between members. These Terms &amp; Conditions come into effect when registering on ArtsyIndia.com. By clicking on the “Agree” checkbox you agree to be bound by these Terms &amp; Conditions.</p><p>You can recall your consent or cancel the contract between you and ArtsyIndia in writing according to the Suspension, recall and cancellation regulations. Our seller services are not available to, and may not be used by, persons under the age of 18 years and persons who are not citizens of India.</p><p><strong>Membership Eligibility and Registration</strong></p><p>No registration is required if you use ArtsyIndia.com to search products or shops or purchase products. Member registration is required for a variety of features, functions and services such as adding products to the wishlist, rating products etc.</p><p>There is no registration fee. We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms &amp; Conditions, a contract between ArtsyIndia and you for the use of ArtsyIndia.com is accomplished by default.</p><p>Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 16. If you are registering with us as a business entity, you represent that you have the authority to bind the entity to these Terms &amp; Conditions.</p><p>You declare yourself willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and shop and profile generation, and to update this data as necessary.</p><p>You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User Name to any other person.</p><p>We reserve the right to delete accounts that have not completed the registration process, e.g. invalidated registrations.</p><p><strong>Suspension, recall and cancellation</strong></p><p>Without limiting other remedies, we may take the following actions without notice to you if you breach these Terms &amp; Conditions or legal regulations or if we believe that your actions may cause us or our members financial loss or legal liability:</p><p>- Remove and delete any of your item listings or other content provided by you to ArtsyIndia.com</p><p>- Limit your use of ArtsyIndia.com</p><p>- Suspend or terminate your registration and refuse to provide our services to you</p><p>- ArtsyIndia reserves the right to irrevocably suspend your &nbsp;shop registration and to refuse services to you without notice, if</p><p>- The customer feedback about your products is negative for more than 3 times</p><p>- You provide false contact data, e.g. false or invalid email address, postal address, or payment data</p><p>- If you cause any kind of harm to other members of ArtsyIndia or abuse services of ArtsyIndia.com</p><p>- For any other reason the management considers valid</p><p>- ArtsyIndia reserves the right to cancel this User Agreement at any time and for any reason with a notice period of 7 days</p><p>- Suspended members are not permitted to use ArtsyIndia.com and to create a new member account.</p><p>You can cancel the User Agreement at any time in writing to ArtsyIndia Bharat Trading Co., Station Road, Ashoknagar, Division – Gwalior, MP, India, PIN: 473331 or to [email protected]</p><p><strong>Listing and Selling</strong></p><p>Approved shops at ArtsyIndia.com can create their personal shop on ArtsyIndia.com by sending us the product images, descriptions and specifications in a format as would be communicated to the shops at the time of starting the relationship. All eligible items and offers of a member will be listed in this shop. Currently, ArtsyIndia.com does not support the self-shop-setting facility, and our team is always ready to list your products on the website.</p><p>ArtsyIndia is an aggregator for traditional (or over the time evolved) Indian art and craft products, or products that represent the Indian art - whether handmade or machine made or printed, as well an aggregator for NGOs who would want to sell the products manufactured by the members of these NGOs or the by people who these NGOs intend to help by teaching them the artistic/self-supporting skills. If your products don’t fit in this domain, you may not be approved to be listed at ArtsyIndia, unless the management accepts to treat you as an exception.</p><p>Selling Alcohol, drugs, medicines and other illegal and prohibited items on ArtsyIndia is strictly forbidden.</p><p>Sellers are solely responsible for all items listed in their shop and for the compliance with legal regulations.</p><p>Setting up a shop at ArtsyIndia.com is free of charge. We charge only transaction fees for every successful sale from your shop through our site. Our fees are described in our Fees Policy which forms part of this User Agreement.</p><p>When registering with us at ArtsyIndia.com you will provide us a shop name. Your Shop Name shall not infringe any third party’s rights or be immoral. In such case ArtsyIndia reserves the right to alter the shop name or to delete the shop.</p><p>Information provided by you in the course of setting up a shop shall be true, accurate and complete.</p><p>You are obliged to update this data as necessary and to always provide up-to-date information.</p><p>Listed items represent a binding offer at the set price to other users who comply with the conditions specified in the offer. The contract of purchase is formed when a member complies with the conditions specified in the offer and completes the checkout process.</p><p>Items must be listed in an appropriate category. Your items and all terms of sale must be described with text description, graphics and pictures on the listing page of ArtsyIndia.com.</p><p>You are responsible for ensuring that you have the right to use all content on your listing and that ArtsyIndia has the right to host it on our servers. All content may only refer to the items listed on ArtsyIndia and may not advertise goods not listed on ArtsyIndia.com.</p><p>All information relevant to the purchase decision must be true, accurate and complete. All information related to payment, delivery and delivery time must be complete.</p><p>As a business person offering goods and services to consumers you are obligated to give all necessary information regarding consumer protection as required by law and to detail legal disclaimer rights if required by law.</p><p>All sellers are encouraged to outline shop policies for their shops and abide by these policies. These policies may include, for example, shipping, returns and exchange policies. All shop policies must comply with ArtsyIndia's site-wide policies. ArtsyIndia reserves the right to request that a seller modify a shop policy.</p><p>ArtsyIndia reserves the right to unlist and delete items if an item infringes legal regulations, these Terms &amp; Conditions or the principle and rules of ArtsyIndia.com. An overview of forbidden items follows in the next section.</p><p><strong>Prohibited items</strong></p><p>1.Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services ; Website access and/or website memberships of pornography or illegal sites</p><p>2.Alcohol which includes Alcohol or alcoholic beverages such as beer, liquor, wine, or champagne</p><p>3.Body parts which includes organs or other body parts</p><p>4.Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam)</p><p>5.Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free</p><p>6.Child pornography which includes pornographic materials involving minors</p><p>7.Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection</p><p>8.Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials</p><p>9.Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software</p><p>10.Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods</p><p>11.Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms</p><p>12.Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items</p><p>13.Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction</p><p>14.Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content</p><p>15.Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles</p><p>16.Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property</p><p>17.Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts</p><p>18.Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes</p><p>19.Offensive goods which includes literature, products or other materials that:</p><p>a.Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors</p><p>b.Encourage or incite violent acts</p><p>c.Promote intolerance or hatred.</p><p>20.Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals</p><p>21.Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner</p><p>22.Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable, and radioactive materials and substances</p><p>23.Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications</p><p>24.Securities which includes stocks, bonds, or related financial products</p><p>25.Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products</p><p>26.Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products</p><p>27.Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments</p><p>28.Wholesale currency which includes discounted currencies or currency exchanges</p><p>29.Live animals or hides/skins/teeth, nails and other parts etc of animals.</p><p>30.Multi Level Marketing collection fees</p><p>31.Matrix sites or sites using a matrix scheme approach</p><p>32.Work-at-home approach and/or Work-at-home information</p><p>33.Drop-shipped merchandise</p><p>34.Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of India.</p><p>35.Pyramid marketing schemes or get-rich-quick schemes.</p><p>36.Bulk marketing tools which includes email, lists, software, or other products enabling unsolicited email messages (spam)</p><p>37.Web-based telephony/ SMS/Text/Facsimile services or Calling Cards. Bandwidth or Data transfer/ allied services. Voice process /knowledge process services.</p><p>38.Mailing lists</p><p><strong>VAT and other taxes</strong></p><p>VAT or other taxes applicable to the seller should be included in the price mentioned for the product. The seller will be responsible for paying the taxes for the sales in his/her shop.</p><p>Wherever the sales of a product needs a special government permit or any other documentations as applicable (in case of a B2B shipping to specific states, etc) the seller shall take the responsibility to obtain the same.</p><p>As a seller you shall not charge ArtsyIndia fees to the buyer as extra charge. However you are free to price up your product accordingly!</p><p><strong>Fees and billing</strong></p><p>Becoming a member of ArtsyIndia.com is free. ArtsyIndia does not charge fees for setting up a shop or for buying items.</p><p>ArtsyIndia charges fees for listing an item for sale on ArtsyIndia.com. If a purchase is made on ArtsyIndia.com, ArtsyIndia charges Transaction fees on the transaction made from the shop, to the seller.</p><p>Our transaction fees is described in the&nbsp;Seller Fee Policy mentioned in the <a href="http://www.artsyindia.com/index.php?route=information/information&amp;information_id=13" target="_blank">"Seller Resources"</a>.</p><p>We may change this policy at any time, and any change will be effective after the expiry of 1 month following the date of posting the announcements board on the Site and notifying you via email. We may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we announce the temporary promotional event on the Site. For the avoidance of doubt, such promotional events shall not apply to any listings on our Site at the time of the announcement. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.</p><p>Sellers are not allowed to bypass ArtsyIndia fees.</p><p>Once the shipment reaches the buyer and he is satisfied with the items, the seller’s bank account will be credited with the price within 5 days of the buyer receiving the item&nbsp;or a minimum accumulated amount agreed upon at the time of making the contract, minus ArtsyIndia’s transaction fee.</p><p>Buying</p><p>By purchasing an item you agree to be bound by the conditions of sale included in the item's description provided that those conditions of sale are not in breach of this User Agreement or otherwise unlawful.</p><p>Purchases are only retractable in exceptional circumstances, such as when the seller materially changes the item's description after a purchase has been made, a clear typographical error is made, or there if a seller defaults in any way with the product listed or in the delivery of the same.</p><p>As buyer, you must ensure that you are legally able to buy any item that you purchase on the site.</p><p>ArtsyIndia is not responsible for the side effects one might endure by use of handmade cosmetics, toiletries, consumables,&nbsp;perfumes or any inhalable&nbsp;traditional products&nbsp;(e.g., agarbattis, dhoop agarbattis, sandalwood perfumes, sandalwood paste, ayurvedic soaps, turmeric etc&nbsp;among many other traditional items) available at ArtsyIndia.com. Please consult a dermatologist or other before using the same. ArtsyIndia recommends the buyer to look for other users’ testimonials before making the purchase decision.</p><p>ArtsyIndia allows users, who comply with ArtsyIndia's policies to offer, sell and buy goods within a fixed-price format. ArtsyIndia takes all steps to ensure that the seller is genuine but cannot guarantee the quality, safety or legality of any aspect of the items listed or the accuracy of the listings. The buyer acknowledges this risk while he agrees to these terms and conditions.</p><p><strong>Testimonials and Ratings</strong></p><p>User verification on the Internet is difficult, and ArtsyIndia cannot and does not confirm the purported identity of users or the validity of the information which users post to the website. The ArtsyIndia review and feedback system shall help users to evaluate the person with whom they are dealing, avoid fraud and guarantee quality. The feedback system consists of comments and ratings left by the buyer after a sales contract has been established between the two.</p><p>Members are obligated to give their testimonials and feedback in an explicitly true, faithful and objective manner and to give feedback only about details related to the respective purchase. Feedback shall not contain defamatory statements, shall be based upon facts and needs to be in accordance with legal regulations.</p><p>Users are not permitted to give feedback about oneself or arrange for third parties to give feedback. ArtsyIndia reserves the right to delete feedback and ratings in the case that these infringe these Terms &amp; Conditions or legal regulations.</p><p><strong>Basic Terms</strong></p><p>All activities of members while using ArtsyIndia.com or any service provided by ArtsyIndia shall be in accordance with legal regulations. Content provided by members on ArtsyIndia.com shall not infringe legal regulations or these Terms &amp; Conditions.</p><p>Your information and your activities must not:</p><p>1.be false, inaccurate or misleading;</p><p>2.be offensive or menacing, abusive, defamatory;</p><p>3.be obscene, indecent or contain child pornography;</p><p>4.infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;</p><p>5.be fraudulent or involve the sale of counterfeit or stolen items;</p><p>6.be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti- discrimination, false advertising);</p><p>7.copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from ArtsyIndia.com without the prior expressed written permission of ArtsyIndia and the appropriate third party, as applicable.</p><p>8.create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other sellers or customers;</p><p>9.link directly or indirectly to or include descriptions of goods or services that are prohibited under these Terms &amp; Conditions ;</p><p>10.Violate this Agreement or any other ArtsyIndia policy or guidelines, or any applicable law, statute, ordinance or regulation.</p><p>11.add a ArtsyIndia employee or a ArtsyIndia user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent after adequate disclosure;</p><p>12.contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;</p><p>13.cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of ArtsyIndia.com is in any way impaired</p><p>14.not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission</p><p>15.be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including ArtsyIndia staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device</p><p>16.be obscene or contain pornography</p><p>17.host images not part of a listing</p><p>You must not list any product on ArtsyIndia.com (or complete any transaction initiated using ArtsyIndia.com) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law or our items policy.</p><p>To enable ArtsyIndia to use your information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in your Information, in any media now known or not currently known. You also waive all moral rights you have in your information to the fullest extent permitted by law. The license described above shall terminate upon termination or cancellation of this User Agreement by either party.</p><p><strong>Privacy</strong></p><p>As part of a transaction, you may obtain personal information, including email address and shipping information, from another ArtsyIndia user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ArtsyIndia-related communications. ArtsyIndia has not granted you a license to use the information for unsolicited commercial messages.</p><p>More details are available in ArtsyIndia Privacy Statement that forms part of this User Agreement.</p><p><strong>Liability &amp; Warranty</strong></p><p>ArtsyIndia is not liable for contracts formed between members of ArtsyIndia.com.</p><p>ArtsyIndia is not liable for information on ArtsyIndia.com provided by its members. We claim no intellectual property rights over the material provided by members of ArtsyIndia.com.</p><p>You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms &amp; Conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.</p><p>In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release ArtsyIndia (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.</p><p>ArtsyIndia does not guarantee continuous, uninterrupted or secure access to our services, and operation of ArtsyIndia.com may be interfered with by numerous factors outside of our control. ArtsyIndia.com and the services of ArtsyIndia are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance</p><p><strong>Notices</strong></p><p>Unless otherwise explicitly stated, notices to ArtsyIndia must be sent by mail or email to ArtsyIndia, Bharat Trading Co., Station Road, Ashoknagar, Division – Gwalior, MP, India, PIN: 473331 or [email protected] Notices to you will be sent to the email address provided by you during the registration process or by mail.</p><p><strong>General</strong></p><p>If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. We reserve the right to alter these Terms &amp; Conditions at any time. If the alterations constitute a material change to the Terms &amp; Conditions , we will notify you via email according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.</p><p>You agree that this User Agreement and all incorporated agreements may be automatically assigned by ArtsyIndia, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and ArtsyIndia are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.</p><p>This Agreement will prevail over any conditions of sale imposed by a seller. Our Privacy Statement, and Fees Policy are incorporated in this User Agreement by reference. Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board except for the Privacy Policy for which we will provide you with thirty days notice.</p><p><strong>Disclaimer:</strong></p><p>The information included in or available through the site/service may include inaccuracies or&nbsp;typographical errors. Changes are periodically made to the site/service and to information therein.&nbsp;The information contained in this website is for general information purposes only. We make no&nbsp;representations or warranties of any kind, express or implied, about the completeness, accuracy,&nbsp;reliability, suitability or availability with respect to the website or the information, products, services, or&nbsp;related graphics contained on the website for any purpose. Any reliance you place on such information&nbsp;is therefore strictly at your own risk.</p><p>In no event will we be liable for any loss or damage including without limitation, indirect or&nbsp;consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profit&nbsp;arises out of, or in connection with, the use of this website.</p><p>Through this website you are able to link to other websites which are not under the control of ArtsyIndia.com. We have&nbsp;no control over the nature, content and availability of those sites. The inclusion of any links does not&nbsp;necessarily imply a recommendation or endorse the views expressed within them.</p><p>ArtsyIndia.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion&nbsp;of the site, and may make any other changes to the site, the materials and the programs, services or&nbsp;prices (if any) described in the site at any time without notice.</p>"