TERMS & CONDITIONS OF SALE
Terms & Conditions on Sale of Artworks through Tejas
By registering and placing an order on www.tejasgallery.com (‘the Website’) you acknowledge that you are bound by the terms and conditions listed below:
- The artworks made available for sale on the Website are not always in the physical possession of Tejas and could be physically located anywhere in the world in the artist’s studios.
- All artworks made available for sale on the Website will be sold at the price listed and no discounts will be granted to the buyer. The price of the art work listed does not include taxes, shipping and handling. Tejas is not liable for any charges that may be levied at the destination whether in India or overseas.
- All invoices will be raised by Tejas based on the registration information provided by the buyer at the time of making the purchase and payments will be accepted only from the buyer so registered.
- Placing an order on www.tejasgallery.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Tejas within 2 working days on account of a default by the artist or any prior or continuing breach by the buyer, such acceptance results in an enforceable contact of sale. The contract of sale is between Tejas and the buyer.
- Once an order is placed on Tejas, the buyer is required to make payment for the price of the artwork within 5 working days from the date of placing the order. Alternately, and without prejudice to the foregoing, Tejas may, at its absolute discretion, hold the artwork for the Buyer and may seek to commence legal proceedings to ensure execution of the contract of sale.
- All sales are against 100% payment in advance.
- The artworks will be delivered/shipped to the Buyer through a courier of good repute. Should there be any damage to the artwork in transit the Buyer should not accept the parcel and should notify Tejas immediately.
- 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, we cannot provide any guarantee for the Glass, though utmost care is taken while packing.
- Artworks received in an unsatisfactory condition by the buyer may be returned within 2 working days in an ‘as is’ condition. In such a case Tejas will refund the payment to the buyer and cancel the order. However, the unsatisfactory condition will only be covered for damaged or spoilt condition, and NOT because the buyer did not like the artwork he has purchased.
- While great care is taken to reproduce the colours and form of paintings as depicted on the website, it is understood that since each painting is individually painted there may be variations in shade and colour. No complaints in this regard would be entertained.
- 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.
- All artwork posted for sale on the Website are supported by an authenticity guarantee from the Artist themselves or from Tejas gallery.
- The buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Tejas immediately. Tejas is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Tejas forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Tejas.
- Disputes if any, would be subject to Kolkata jurisdiction only.
These terms and conditions of use shall govern your use of the site www.tejasgallery.com, and all other URLs forming part thereof (hereinafter referred to as “the Sites”)
TEJAS ensures that the information and other material in this portal are correct, up-to-date and complete, but, we do not accept liability for any error in or omission from the Sites.
All such information, products, services and related graphics are provided “As Is” without warranty of any kind.
We are not in any manner responsible for any acts of the user done by relying on the material contained in the Sites.
Similarly we are required to depend on information available and though we ensure a regular online update of the Sites, it is possible that certain information may not be up to date at the time of reference. Using this information and/or service automatically constitutes the user’s acknowledgement that he/she has read this disclaimer and accepts that he/she will be bound by
the terms thereof.
TEJAS and/or its respective suppliers hereby disclaim all warranties and conditions with regards to the information, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Access to this web-site is a confirmation that you have read, understood and accepted the disclaimer and terms and conditions of this service. In no event shall TEJAS be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in anyway connected with the use or performance of the Sites, with the delay or inability to use the Sites or related services, the provision of or failure to provide services, or for any information, products, services and related graphics obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if TEJAS has been advised of the possibility of damages.
If you do not agree with our disclaimer above or with the other terms and conditions of the Sites and/or if you are dissatisfied with any portion of the Sites and/or its service, then please discontinue using the Sites.
TEJAS reserves the right to change the terms, conditions, and notices under which the Sites and its services are offered, including but not limited to the charges, if any, associated with the use of the Sites and its services. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You shall use the Sites and its services in good faith and for the essential purposes for which the Sites and its services are intended. Unless otherwise specified, the Sites are for your personal and non-commercial use. You will not modify or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Sites.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to TEJAS that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.
MATERIALS PROVIDED TO TEJAS OR POSTED ON THE SITES
TEJAS does not claim ownership of the materials you provide to TEJAS (including registration data, feedback and suggestions) or post, upload, input or submit to any of the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TEJAS permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
TEJAS agrees that it shall not use or sell user identifiable data contained in the Submissions. However, TEJAS has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that TEJAS deems fit.
TEJAS reserves the right, in its sole discretion, to terminate the access to any or all Sites and the related services or any portion thereof at any time, without notice.
These Terms and Conditions of Use are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Kolkatai, India in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TEJAS as a result of this agreement or use of the Sites. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TEJAS with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TEJAS with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Sites are copyright protected in favour of TEJAS. All trademarks, names, brand names, etc. used on the Sites are either trademarks or registered trademarks of TEJAS or its associated companies. Any rights not expressly granted herein are reserved.
You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Sites. 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 charges plus all applicable taxes for the purchases made by you.