TERMS AND 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”).
If you use the Website, you are required to first carefully read as well as fully understand the following Website-related terms and conditions (“Terms of Use”) which are applicable when you view/access/use (collectively “use” or “using”) the Website from any computer, computer device or mobile. Please also carefully and fully understand read our Privacy Policy available at the link (“Privacy Policy”), which is incorporated in these Terms of Use by reference.
If, for any reason, you do not agree to these Terms of Use, Privacy Policy, and/or other Website guidelines and policies (Website guidelines and policies collectively referred to as “Other Policies”) as communicated to you when you use the Website or wish to be bound by any of them, please do not use the Website in any way whatsoever. By using the Website, you have indicated to us that you acknowledge, understand as well as fully agree, to be bound by these Terms of Use, Privacy Policy, and all Other Policies, irrespective of whether you register with the Website or not.
As long as you adhere to the Terms of Use, Privacy Policy, and Other Policies, we grant you a personal, revocable, non-exclusive, non-transferable, and limited right and license to use the Website.
Acceptance of Terms, etc
a. These Terms of Use are in the form of an electronic and legally binding contract that establishes the terms and conditions you have accepted before using the Website. These include our Privacy Policy and Other Policies as mentioned in these Terms of Use as well as other specific policies and terms and conditions disclosed to you, in case you avail of any subscription or any additional features, products, or services we offer on or through the Website, whether free or otherwise, including but not limited to terms governing features, billing, free trials, discounts, promotions, refunds, cancellations, and shipping. By using the Website, you hereby unconditionally consent and accept these Terms, Privacy Policy, and such Other Policies. To withdraw such consent, you must immediately cease using the Website and terminate your account, if any, with us. You are requested to keep a physical copy of these Terms of Use and all other referred policies herein for your records.
b. Every time you use the Website, you confirm your express agreement with our Terms of Use, Privacy Policy, and Other Policies.
Eligibility
a. Use of the Website is available only to persons who can form legally binding contracts under the 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.
b. By using the Website, you hereby represent and warrant to us that you have all rights, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions thereof.
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 thereof.
Creating an Account
a. To use all the features of the Website, you must register yourself with the Website. If you do not wish to register, all of the Website features may not be available to you. When using the Website you authorize us to access and use certain account information of yours, including but not limited to your profile information, your interests and dislikes, and other information as detailed under our Privacy Policy. For more information regarding the type/nature of the information we collect from you and how we use it, please refer to our Privacy Policy at the link.
b. You shall be responsible for maintaining the utmost privacy and confidentiality of your membership and account details you provide to us or on the Website and the same must always be kept private and confidential and should not be disclosed to or permitted to be used by anyone else and you are solely responsible and liable for all usage and activity on the Website that takes place under your account. You agree to immediately notify us of any disclosure or unauthorized use of your Website account details or any other breach of security and ensure that you successfully log out from your Website account at the end of each session. Further, you agree that if you provide any information that is untrue, incomplete, inaccurate, or not updated or we have reasonable grounds to suspect that such information is untrue, incomplete, inaccurate, or not updated, or not in accordance with this Terms of Use, we shall have the right to temporarily suspend or permanently terminate your Website membership/access.
c. By agreeing to these Terms of Use, you permit us to send electronic communications to you as part of our offering. This includes but is not limited to sending emails, newsletters, and promotional offers from us and our partner websites. Should you no longer wish to receive these electronic communications, you may write to us at.
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.
c. By posting information or content to any permitted area of the Website, or making it accessible to us by linking your account to any social network accounts (e.g. via Facebook, etc.), you grant us unconditionally and in perpetuity, and represent and warrant that you have the right to grant to us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide right and license to use, reproduce, store, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, we may modify, add or vary existing features or programs of the Website or create, add, test, or implement new features or programs on the Website in which you may voluntarily choose to participate or maybe a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, you grant us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms of Use.
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 with all applicable laws for making payments to TAP.
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:
Breach of Terms of Use, Privacy Policy, or Other Policies;
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, 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; 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;
use the Website for any commercial use or activity not expressly permitted under these Terms of Use;
“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;
illegally use the Website 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 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;
collect any personal information, including contact details, of any Website users by electronic or any other means and for any purpose, not expressly permitted under these Terms of Use;
send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these Terms of Use;
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 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.
Content Posted by You
a. You are solely responsible for 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).
d. You represent and warrant that (i) all information and Content that you submit upon creation of your Website account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading, or false and (ii) you have the right to post the Content on the Website and grant the licenses as agreed in these Terms of Use.
e. By posting Content on the Website, you automatically grant us and 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.
f. Your use of the Website, including all Content you post, must comply with all applicable laws and regulations. You shall not post, upload, modify, display, publish, transmit, update, share, or otherwise make available Content that violates any applicable law of these Terms of Use.
g. We assume no responsibility or liability for any deletion of or failure to store any of your Content.
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" "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 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 with 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.
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, the result of using the website including, without limitation, damages for the 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.
Indemnification
You agree to indemnify, defend and hold harmless TAP and its affiliates and subsidiaries and each of their officers, directors, employees, agents, consultants, partner sites, and related third parties, from and against all losses, claims, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Website, including but not limited to (i) any violation by you of these Terms of Use, or (ii) any action arising from the content that you publish/post on the Website that infringes the intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will cooperate fully in asserting any available defense in such a case.
Product Pricing and Description
The product price displayed on our Website represents the full retail price listed for the product itself. Such a 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 catalogs 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 cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content on this Website are 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.
Payments
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)
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 by 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*.
If you want to know whether your area is serviceable or not, you can WhatsApp us on +919875622881 (between 11.00 am – 7.00 pm, Monday - Friday) and provide your PIN code. Unless otherwise agreed, payment must first be received by TAP before the acceptance of any order. Invoices are due and payable within the 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 errors concerning the products and reserves the right to cancel any orders arising from any such errors.
Shipping Policy
The Art People (TAP) ships all over India.
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If you want to know whether your area is serviceable or not, you can Whatsapp us. We will be happy to inform you as soon as possible.
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For international delivery, please get in touch with us.
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You can reach us via Whatsapp at +919875622881 between Monday to Friday, 11 am - 7 pm. We strive to answer all queries and provide solutions within 24 working hours.
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Shipping Duration
We know how eager you are to receive your orders in the finest condition, and on time. This is why we work around the clock to get them to you in the shortest time possible. All products are shipped out between 1 - 2 working days, depending on the category.
Please note, all the products in your order will be dispatched together in one shipment. Working days are exclusive of weekends and public holidays.
In case of unfortunate circumstances beyond our control, there might be a slight delay in the delivery.
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Shipping Charges
We levy a flat fee of Rs. 75/- per Order.
Free delivery above cart value of Rs. 1000/-
This is to ensure fast and reliable delivery.
Returns
The customer must raise a return request by sending an image on WhatsApp to +919875622881 within 48 hours of receipt of their order.
The customer shall self-ship the products and they must be dispatched within 24 hours after the return request is raised. They must ensure safe and secure packing to prevent any damage during transit.
Product Packaging, Labels & Tags must not be tampered with.
Product must be in mint condition for it to be eligible for return.
In the case of damaged or defective products, return will be denied.
Please note the shipping charge where applicable will not be refunded.
Intellectual Property
TAP and its licensors expressly reserve all intellectual property rights in all content, programs, products, processes, technology, and other materials, which appear on the Website. The Website is proprietary to us and is our intellectual property. All intellectual property rights in and to the content available on the Website belong to us / our licensors. Any use of the Website or its contents, including copying or storing any of them, whether in whole or part, other than for your own personal and non-commercial use, is prohibited without our express permission. You hereby acknowledge that you will not acquire any right, title, and/or interest in or to the Website except as expressly outlined in these Terms of Use.
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.
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.
Modifications to the Website
We reserve the right at any time to modify or discontinue, whether temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website. Any access or usage by you of the Website shall imply that you have accepted any new or modified Terms of Use. Please revisit these Terms of Use from time to time to stay abreast of any changes that we may introduce.
Miscellaneous
a. Entire Agreement: These Terms of Use constitute the entire agreement between you and TAP regarding the subject matter hereof, and replace and supersede all prior agreements/ understandings/ correspondences, whether written or oral, between you and us.
b. Amendment: We reserve the right to amend these Terms of Use from time to time at our sole discretion. Any such amendments will apply to all persons viewing/accessing/using the Website once the revisions have been posted onto the same. You should therefore check the Website from time to time to review the current Terms of Use.
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.
d. Governing Law and Jurisdiction: These Terms of Use shall be governed and construed in accordance with the laws of India in relation to any legal action or proceeding to enforce the same and any competent courts situated at KOLKATA shall have the exclusive jurisdiction.
e. No Assignment: These Terms of Use are personal to you. You cannot assign any of your rights or obligations, whether partly or fully, to any third party.
f. Severability: If any provisions of these Terms of Use are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
g. Waiver: No waiver of any term, provision, or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision, or condition, or any other term, provision or condition of these Terms of Use.
Contact Us
You can reach us via Whatsapp at +919875622881 between Monday to Friday, 11 am - 7 pm. We strive to answer all queries and provide solutions within 24 working hours.