Terms and Conditions
TERMS & CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from www.theartpeopleindia.com (“Website”). The Website is owned by Brightworks Design LLP, a Limited Liability Partnership incorporated under the Companies Act, 2013 having LLPIN AAM-6984, and having its registered address at 234/3A AJC Bose Road, FMC Fortuna, Unit A7, Kolkata 700020 (“TAP” or “we” or “our”).
1. Acceptance of Terms, etc
a. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and who have attained a minimum age of 18 (eighteen) years. By using the Website, you represent and warrant that you are at least 18 (eighteen) years of age. As a minor if you wish to use or make any transaction on the Website, such use or transaction may be made by you through your parents or legal guardian. We reserve the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 (eighteen) years.
c. Unless otherwise specified, the various products showcased on the Website are currently offered for sale in India only. We make no representation that such products will be sold or delivered in any other jurisdiction. Those who choose to access the Website from outside India can do so on their own account and we shall not be responsible for any circumstances there of.
3. Creating an Account
4. Proprietary Rights
a. You confirm and agree that we and/or our vendor partners are the owners of the proprietary information made available to you through the Website and hereby retain all proprietary rights in the same.
b. We may upload/publish/post any copyrighted information and materials on the Website, whether having copyright protection or not and whether bearing any trademark or not, or which may be identified as copyright or a trademark. You undertake not to post, copy, reproduce, manufacture, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell or use such information or materials in any way, whether partly or fully, and for any purpose whatsoever.
5. Website Charges
Membership on the Website is free. TAP does not charge any fee for browsing and making any purchase from the Website. However, TAP expressly reserves its right to levy a fee from time to time. If any such fee is levied, TAP will post the same on the Website and such fees shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to TAP.
6. Prohibited Activities
TAP reserves its right to investigate, suspend and/or terminate, whether temporarily or permanently, your Website account if you undertake any of the following acts:
abuse, impersonate or defame any Website user or any other person, entity or any religious community;
displaying, publishing, transmitting or sharing, if permitted to do so by TAP, any information or content that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
displaying, publishing, transmitting or sharing any information or content that is misleading in any way;
“stalk” or otherwise harass any Website user or any other person;
make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by us without our specific prior written consent;
use the Website in an illegal manner or commit an illegal act or use the Website not expressly authorized by us;
making use of any information or content from the Website that or violates or infringes or of any third party's rights (including, but not limited to, intellectual property rights, rights of privacy or rights of publicity);
use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
undertake any unauthorized framing of or linking to the Website or “frame” or “mirror” any part of the Website, without our prior written authorization;
interfere with, obstruct, destroy or disrupt the Website or the servers or networks connected to the Website, whether partly or fully and whether permanently or temporarily;
email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the Website or of any computer software or hardware or telecommunications equipment connected with the Website;
use meta tags or code or programs or other devices, tools or technology containing any reference to us or the Website (or any trademark, trade name, service mark, logo or slogan of ours or any Website user) to direct any person to any other website for any purpose; or
directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website.
7. Content Posted by You
a. You are solely responsible for any and all content or information (collectively, “Content”) that you post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Website or transmit to other Website users, if permitted to do so by us.
b. We do not verify the accuracy or truth of any Content you post on or through the Website. We are not the publisher of such Content and only provide you with a technology platform to facilitate the Website users to post such Content. We assume no responsibility or liability of any sort for providing a technology platform to our Website users to facilitate them to post their Content. To protect the integrity of the Website, we reserve the right to exercise editorial control over your Content, including the right to delete such Content and block any user from accessing the Website, whether temporarily or permanently.
c. You shall not post on the Website or to any other Website user, any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal Content that infringes or violates ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
e. By posting Content on the Website, you automatically grant us and to our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) create derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by us will not infringe or violate the rights of any third party.
g. We assume no responsibility or liability for any deletion of or failure to store any of your Content.
8. Disclaimer of Warranty
We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping on our site following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.
Acknowledgment of Rights
a. To the maximum extent permitted by applicable law. we have provided the Website on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect, statutory or otherwise with respect to the website or the result of the website (including all information and content contained therein), including any implied warranties of correctness, validity, accuracy, appropriateness, fitness, merchantability or compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet your requirements or expectations, or that any defects in the Website or in the products offered from the Website will be corrected. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website.
b. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by us, are those of the respective Website users, and should not necessarily be relied upon. Such users are solely responsible for such content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than us.
c. From time to time, we may offer new features or tools which our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranty clause shall apply with full force to such features and tools.
d. We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of the use or non-use of the Website.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will we be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the website, result of using the website including, without limitation, damages for recommendation of the website, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if we know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will we be liable for any liquidated or punitive damages in connection with the use or non-use of the website, including without limitation, bodily injury, emotional distress, financial loss and/or any other damages resulting from therefrom.
11. Product Pricing and Description
The product price displayed on our Website represents the full retail price listed for the product itself. Such list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain products that are offered as a set, the list price may represent an “open-stock” price, which means the aggregate of the estimated or suggested retail price for each of the products included in the set. Where a product is offered for sale by us, the list price will be provided by us. In cases of mispriced products in our catalogues where a product’s correct price is higher than our listed price, we will, at our discretion, either contact you for instructions before shipping or cancelling your order and notify you of such cancellation.
We do not warrant that product descriptions or other content on this Website is accurate, complete, reliable, current, or error-free. If a product offered on our Website is not as described, your sole remedy is to return it in unused condition as per our Returns & Exchange policy as per Clause 14 here of.
TAP uses third party payment gateways for processing payment of all orders from the Website. TAP is not responsible for any delays or cancellation of orders due to any payment related issues. As we do not control such third party’s technology, platforms, systems and processes, we cannot be held liable or responsible for any error or fault at the end of such third party payment gateway service providers.
We accept payments for product orders placed on the Website through any of the following modes:
Bank transfer – debit card or credit card
Cash on Delivery (COD)
Any other modes accepted?
Please note the following for orders placed through Cash on Delivery (COD) basis:
To avail COD service, the product items in the cart should be eligible for COD.
You will not open the product package without making the payment at the time of delivery. If done so then the delivery will be deemed to be accepted b y you and will not be eligible for cancellation, refund or exchange.
If the product or packaging has been tampered with, please do not accept delivery of the order.
No credit/debit cards will be accepted at the time of delivery under the COD method.
We cannot accept COD in case your pin code is not serviceable*. We cannot accept COD in case your pin code is not serviceable*.
If you want to know whether your area is serviceable or not, you can call us on +919875622881 (between 11.00 am – 7.00 pm, Monday - Friday) or email us at email@example.com and provide your PIN code. Unless otherwise agreed, payment must first be received by TAP prior to the acceptance of any order. Invoices are due and payable within the time period noted on the applicable invoice, calculated from the date of the invoice. TAP has all the discretion to cancel or deny any orders. TAP is not responsible for any pricing, typographical or other error concerning the products and reserves the right to cancel any orders arising from any such errors.
13. Shipping Policy
TAP is currently shipping all over India.
We are working on enabling International Shipping soon.
At TAP, we understand how important it is to receive your purchased products in the finest condition, and on time. Know this - we work around the clock to try and get you your products in the shortest timeframe possible.
You can reach us at firstname.lastname@example.org, +919875622881 between Monday to Friday, 11am to 7pm in case of any queries. We strive to answer & fix all queries within 24 hours.
All products are shipped out between 1 - 2 working days depending on the product category.
Please note: All the products in your order will be shipped together in one shipment and working days do not include the weekend + public holidays.
In situations beyond TAP’s control there may be circumstances, which cause a delay. In such cases, we will ensure delivery in the earliest possible timeframe.
We levy a fee of Rs. 35/- per item for Local Orders and Rs. 55/- per item for National Orders.
14. Returns and Exchanges
TAP has a no questions asked return policy. We might request you to share an image of your product/s. For your order to qualify as a return or exchange:
You must raise a return request by emailing us on email@example.com within 48 hours of receipt of your order
Product packaging, labels & tags must not be tampered with
Product must be in perfect condition
Exchanges will be processed only once the product has been received in our warehouse and has been checked for quality
Refunds will only be processed for damaged or defective products in the form of store credit. Please note the shipping charge of Rs. 75 where applicable will not be refunded
For prepaid orders, in case of order cancellations or orders that go to abandoned cart, refund will be processed back to the same payment method via the payment gateway. Timeline for same would be 5-7 working days.
Once you have requested for a return/ exchange the product will be collected within 7 working days
If you choose to self-ship the products, they should be dispatched within 48 hours after the return request is raised and packed securely to prevent any damage during transit
The whole order amount will be refunded if the order is cancelled, lost or undelivered to your preferred location.
TAP reserves the right to cancel any order without any explanation for doing so, under the circumstances where the requirement could not be met. The company will ensure that any communication of cancellation of an order or any applicable refund will be made in a reasonable time.
16. Intellectual Property
The TAP name and logos and all related product names, design marks and slogans are the trademarks or service marks of Far Left Retail Private Limited. All other marks are the property of their respective sellers . Access to the Website does not authorize you to use any name, logo or mark in any manner whatsoever.
17. Third Party Links
The Website may have reference to any names, marks, products / services of third parties or hypertext links to third party websites. Such information and links are provided solely as a convenience to you and do not in any way constitute or imply TAP’s endorsement, sponsorship or recommendation of any such third party, information, product or service. We will not be responsible for the content of any third party website and do not make any representation regarding the content or accuracy of material on such website. If you decide to use or link to any such third party website, you do so entirely at your own risk.
18. Modifications to the Website
c. Survival: Termination or suspension of your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
20. Contact Us
You can reach us by email at firstname.lastname@example.org or by mobile at +919875622881 between Monday – Friday, 11.00 am – 7.00 pm in case of any queries. We strive to answer and resolve all queries within 24 working hours.