Terms and Conditions

Indian Ateliers.com is a premium site for viewing, purchasing and selling Indian art which includes paintings, sculptures by renowned Indian artists. These are the terms and conditions governing your use of the website www.indianateliers.com (hereinafter referred to as “the Site”) and constitutes your binding obligations towards Indian Ateliers (hereinafter referred to as “Indian ateliers”) the owner of the Site
1. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. Indian ateliers reserves its rights to amend, modify and/or alter the Terms and Conditions written hereunder at any time by posting the amended terms on the Site. Accordingly, all amended/modified and/or altered terms shall have an immediate effect, the moment they are posted on the Site and any subsequent use of the Site, shall be governed by such amended, modified and/or altered terms. Accordingly, browsers and/or users of this Site are advised to regularly check the Terms and Conditions, for any amendments, modifications and/or alterations, which may be made from time to time. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Term/Condition shall be deemed severable and shall not affect the validity and enforceability of any remaining Terms and Conditions.

2. Membership & Eligibility
Use of the Site is available only to persons who are competent to enter into a contract in terms of the provisions contained in the Indian Contract Act, 1872 (‘Act’) more particularly persons over 18 years of age and mentally competent. Accordingly, persons incompetent to enter into a valid contract in terms of the Act, shall not be capable to register as a member on the Site and cannot purchase or bid for any items on the Site. If you wish to purchase an item/product on offer on the Site such purchase may be made by your legal guardian or parents, who have registered as users of the Site. Indian ateliers reserves its right to terminate your membership and refuse to provide you with access to the Site, in the event, Indian ateliers suo-moto and/or upon investigation discovers that you are incompetent to enter into a contract in terms of the aforesaid Act.

3. Individual’s Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree and undertake to accept responsibility for all activities that occur under your account or Password.
You agree and undertake to:

(a) Provide true, accurate, current and complete information about yourself as prompted by Indian ateliers registration form (such information being the “Registration Data”)

(b) You must not include any of your contact details such as email addresses etc in your username; and

(c) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event, any information provided is untrue, inaccurate, not current or incomplete or Indian ateliers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, Indian ateliers has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

4. Electronic Communications
Upon your visiting the Site and/or sending emails to us, you are communicating with us electronically. You hereby consent to receive communications from us electronically. However Indian ateliers may under appropriate circumstances communicate through letters/fax/telephone and or any other medium, which is commonly used as a medium of communication between two person(s) to communicate.

5. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following principles:
(a) “Your Information” is defined as any information you provide to us or other users of the Site (“Users”) in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for the Information you have provided for, and we act on the information provided by you.
(b) (i) Your Information shall not be false, inaccurate or misleading;(ii)shall not be fraudulent;(iii) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;(iv) shall not be obscene or contain pornography;(v) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(vi) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
(c) Solely to enable Indian ateliers to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Indian ateliers will only use your information in accordance with the Terms and Conditions and Indian atelier’s Privacy Policy.
(d) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold and/or offered for sale on the site.
(e) You shall comply with all applicable Domestic (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase of items. You shall not engage in any transaction in an item, which is prohibited by the provisions of any applicable exchange control laws or regulations for the time being in force. Indian ateliers reserves the right to cancel your membership and de-register you if it is found at any time that you have infringed or violated any of the above mentioned terms

6. Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all products offered on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Indian ateliers and its affiliates and associates and are protected under the applicable Indian trademark and copyright Laws. Any infringement shall be strongly defended and pursued, to the fullest extent permitted by law.

7. Intellectual property rights (IPR) of Third Parties
In the event, at any point of time we have inadvertently, unknowingly or indirectly infringed the IPR of any owner, the owner of the said IPR is requested to notify us about the infringement, we assure you of immediate action thereof. We shall however not be liable for any infringement committed by any third party without our knowledge.

8. Advertising Material
The Site may contain advertising and other material submitted to Indian ateliers by third parties. Advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with applicable International and National laws. Indian ateliers will not be responsible for any advertiser’s claim, error, omission or inaccuracy in advertising material, and reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to Indian ateliers terms and conditions.

9. Limitation of Liability
In no event shall Indian ateliers or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the site, its services or this agreement, however in cases of proved negligence
Indian ateliers liability in any circumstance is limited only to the amount of fees, if any paid by you to Indian ateliers its associates and partners, we make no representations or warranties about the accuracy, reliability, completeness, duration, relevancy and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the site or that the operation of the site will be error free and/or uninterrupted. Consequently, Indian ateliers assumes no liability, whatsoever for any monetary or other damage suffered by you on account of
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or (ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that Indian ateliers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising in the abovementioned circumstances (even if Indian ateliers has been advised of the possibility of such damages).

10. Indemnity
You agree to indemnify and hold us and (as applicable) our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms and Conditions herein contained or the documents it incorporates by reference, or your violation of any law or the rights of any third party.

11. Relationship
None of the provisions of these Terms and Conditions shall be deemed to constitute a partnership or agency between you and Indian ateliers and you shall have no authority to bind Indian ateliers in any manner whatsoever.

12. Governing Law
Our agreement and the Terms and Conditions shall be governed and construed in accordance with the laws of India.

13. Pricing
All prices are quoted for unframed paintings. However we could do the framing at an extra cost, which would be quoted separately on a case-to-case basis.
The final price quoted is on DDU basis (Delivered Duty Unpaid) as defined by INCOTERMS 2000 of the International Chamber of Commerce and is inclusive of packing, shipping & forwarding costs, carriage of goods to the customer’s destination address only for shipments within India. For shipments outside India the shipping cost will be additional and will be intimated to the buyer through email. On receipt of the buyers confirmation of the same by a return email, or communication the order will be shipped/ dispatched. The price is inclusive of all duties and taxes which are payable at source, that is in Panaji, Goa, India.

Indian ateliers is not liable for any charges that may be levied at the destination whether in India or overseas. All sales are against 100% payment in advance.
The paintings that are unframed & un-mounted 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.
The dispatch will be done within 15 days of confirmed receipt of the full value of the shipment. Orders where payment is by cheque will be shipped only after clearance of the same.

Disputes if any would be subject to the jurisdiction of the courts at Panaji, Goa only.
You have read and you agree to the terms and conditions, mentioned on the website.
Indian Ateliers does not sell or exchange email addresses or any personal contact information provided during the registration process, unless explicitly approved by the user. All email distributions are managed and controlled by indianateliers.com.
If you have any questions, please contact: admin@indianateliers.com