Terms and conditions

  • ArtsTrick provides a unique platform dedicated to artists and art lovers alike. Our E-commerce platforms cater to individuals who share a passion for the arts. When you place an order through www.ArtsTrick.com, you acknowledge that you are bound by the following terms and conditions:

Order Placement and Acceptance:

  1. All Goods are offered for sale subject to availability and ArtsTrick’s acceptance of the Order.
  2. Buyer will place the order through the E-commerce platform and make payment of the full amount in advance. Once the Consideration is made in full, the painting/order will be acknowledged and we will confirm the dispatch and tracking details.

Payment and Consideration:

  1. All sales are against 100% payment in advance.
  2. ArtsTrick may offer the Consideration amount in multi-currency enabled transactions, which means for initiating payments, Buyer can select the preferred currency and pay.

Price and Taxes:

  1. All prices are inclusive of any applicable sale taxes at the country of origin of the Goods. The Buyer shall be responsible for any other taxes (including but not limited to any customs duties & other charges) applicable in the territory to which the Goods are delivered.
  2. Sales price is inclusive of the Shipping charges.
  3. Payment can be made by credit card debit card UPI PayPal or any other electronic mode with the prior confirmation at the time of placing an Order which is accepted by ArtsTrick. Consideration amount in full will be taken at this time and the Contract will be in force.

Shipping and Delivery:

  1. The buyer acknowledges responsibility for the accuracy of all information submitted to ArtsTrick for the Order and its delivery. Furthermore, the buyer confirms that the selected payment method belongs to ArtsTrick, and there are adequate funds available to cover the entire cost of the ordered goods. ArtsTrick retains the right to verify the transaction and payment transfer details before approving the buyer's order.
  2. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage or courier or through the delivery partner at the discretion of ArtsTrick.

Inspection and Acceptance:

  1. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by courier, sign the required proof of delivery document or collection acceptance document if required. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
  2. If the Buyer wrongfully fails to take delivery of the Goods, the ArtsTrick shall be under no obligation to refund the Price. ArtsTrick shall arrange shipment for delivery once. Rearranging the shipment may cost shipping charges in case of failure due to any reason to receive the delivery by the buyer.

Framing and Packaging:

  1. The paintings that are unframed & unmounted will be shipped in a rolled format & in protective cylinders. For the paintings that are shipped with glass frames no guarantee for the Glass is provided, though utmost care is taken while packing.
  2. All framing for the ordered painting supplied by ArtsTrick is custom-made to a specific purchase item (as per the order). Any purchased item with a custom frame provided by ArtsTrick shall not apply for any refund or exchange.

Color Accuracy:

  1. The ArtsTrick endeavors to display and describe as accurately as possible the printed colors of the Goods that appear on its website but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer's monitor or home printing device. No complaints in this regard would be entertained.

Refund and Return Policy:

  1. The buyer shall have the right to return a purchase within fourteen days of receipt for an exchange or refund at his/her preference if the item is Defective or for any other justifiable and acceptable reason provided. Please follow the below procedure: (i) Email info@ArtsTrick.com within fourteen days of receipt stating: (a) Your Invoice Number (b) Artwork title (c) Reason for return along with the photograph of the Artwork and mentioned damage highlighted and (d) Request for exchange or refund; (ii) Return the Goods to ArtsTrick in the condition it arrived in or via the instructions that ArtsTrick sends following your email; (iii) All Goods must be returned in their original packaging (which the Buyer should retain for the purpose) and artwork must be in an unused condition.
  2. The ArtsTrick will reexamine the returned artwork for the confirmation of the reason for the return mentioned, and check the usability of the painting. Accordingly, confirm if refund/replacement/credit note to the customer with deduction of service cost within 30 working days from the painting received.

Payment Credits and Discounts:

  1. Any credit towards payment is accumulated and may only be applied at the sole discretion of ArtsTrick. ArtsTrick reserves the right to limit, invalidate, or deny the application of credit to a purchase at any time. ArtsTrick may amend, invalidate, or terminate the conditions for accumulation of credits at any time in its sole discretion.
  2. Any discounts or promotions are offered subject to availability and occasion and may be terminated or amended at any time by ArtsTrick. The Seller reserves the right to reject any Order based on erroneous pricing, discounts, or promotions. Unless otherwise agreed by ArtsTrick, any discounts or promotions are not cumulative, and no more than one discount or promotion shall be used on the same Order.

Order Rejection:

  1. ArtsTrick reserves the right to reject any Order without the obligation to assign any reason for so doing.

Post-Delivery Responsibilities:

  1. Once art work is delivered at the agreed address, ArtsTick is not responsible for any post-delivery risk of any damage or loss of the art work. ArtsTrick is not liable for any repair, repayment replacement, or returns.

Website Use and Disclaimers:

  1. Buyer agrees that the use of the Website shall be at their sole risk. To the fullest extent permitted by law, ArtsTrick and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtsTrick, disclaim all warranties, express or implied, in connection with the Website and their use thereof. ArtsTrick makes no warranties or representations about the accuracy or completeness of the website content or the content of any sites linked to this site and assumes no liability or responsibility for any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from their access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website. ArtsTrick does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and ArtsTrick will not be a party to or in any way be responsible for monitoring any transaction between Buyer and third-party providers of products or services. No advice or information, whether oral or written, obtained by Buyer from ArtsTrick or through or from the service or the website shall create any warranty not expressly stated in the terms and conditions. As with the purchase of a product or service through any medium or in any environment, the Buyer should use your best judgment and exercise caution where appropriate.

Account Termination:

  1. ArtsTrick may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other ArtsTrick services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or any other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by Buyer (self-initiated account deletions); (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by Buyer in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by Buyer in connection with the Website or any other ArtsTrick product or service. Termination of Buyer account and access to the Website includes: (a) removal of access to some or all pages within the Website; (b) deletion of your password and all related information, files, and materials, including Content associated with or inside Buyers account (or any part thereof); and (c) barring of further use of the Website. Further, Buyer agrees that all terminations for cause shall be made in ArtsTrick's sole discretion and that ArtsTrick shall not be liable to Buyer or any third party for any termination of Buyer's account, any associated email address, or access to the Website.

Modification and Termination of Website:

  1. The Website is controlled and offered by ArtsTrick from its facilities across globally. ArtsTrick makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so of their own volition and are responsible for compliance with local law.
  2. ArtsTrick reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. ArtsTrick shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.

Jurisdiction and Dispute Resolution:

  1. Disputes if any, would be preferred to put up before the Arbitrator & also subject to Pune, Maharashtra (India) jurisdiction only.

Limitation of Liability:

  1. In no event shall ArtsTrick, or any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of ArtsTrick, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the website, (III) Any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (IV) Any interruption or cessation of transmission to or from the website, (V) Any bugs, viruses, trojan horses, or the like which may be transmitted to our through our website by any third party, and /or (VI) Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  2. Buyer specifically acknowledges that ArtsTrick shall not be liable for any content, any Submitted Art, or Copyright violation by a user of the ArtsTrick Website or for any defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with Buyer.
  3. With regards to Goods purchased by the Buyer, the liability of ArtsTrick, its agents, employees, subcontractors, and suppliers for any claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract or Order, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies, or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature.

Indemnification:

Buyer's agreement to indemnify ArtsTrick against claims.

Intellectual Property Rights and Licensing:

  1. Ownership of Artworks:
    1. All artworks displayed or sold on www.ArtsTrick.com remain the intellectual property of the respective artists. ArtsTrick does not claim ownership rights over the artworks.
  2. Usage Permissions:
    1. By submitting artworks to ArtsTrick, artists grant ArtsTrick a non-exclusive, worldwide, royalty-free license to display, promote, and distribute the artworks on the platform. This license is solely for the purpose of operating and promoting the online art gallery.
  3. Commercial Licensing:
    1. Artists may choose to make their artworks available for sale on ArtsTrick. By doing so, artists grant ArtsTrick the right to facilitate the sale and distribution of the artwork to buyers. ArtsTrick will handle transactions, but the ownership of the artwork will transfer from the artist to the buyer upon completion of the sale.
  4. Artwork Modifications:
    1. ArtsTrick may need to resize, crop, or make other technical modifications to the artworks to optimize their display on the platform. However, ArtsTrick will not make substantial alterations to the original artistic content without the explicit consent of the artist.
  5. Limited Use by ArtsTrick:
    1. ArtsTrick may use images of the artworks for promotional purposes, including marketing materials, social media, and newsletters. However, such use will be limited to showcasing the artist's work within the context of promoting ArtsTrick and the artist.
  6. Artist Representation:
    1. Artists represent and warrant that they have the necessary rights and permissions to display and sell the artworks on ArtsTrick. Any legal responsibility regarding copyright infringement or other intellectual property issues lies with the respective artist.
  7. Buyer's License:
    1. Upon purchasing an artwork, the buyer receives a non-exclusive license to display the purchased artwork for personal, non-commercial use. The buyer may not reproduce, distribute, or create derivative works based on the purchased artwork without the express consent of the artist.

You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.

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