Terms & Conditions
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Terms & Conditions

Definition:

"Buyer or User" shall mean a person who is registered as a user to access the Website and buys Object from the Website. "Object or Product" means the artworks, handmade products, furniture, paintings, murals, photographs and other such articles offered by The Art Spa for sale either individually or collectively (as a single unit) through the Website.

General Terms

  1. The Object made available for sale on the Website may not always be in the physical possession of The Art Spa and may be physically located anywhere in the world.
  2. All Objects 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 Object listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Object as well as the shipping address provided by the Buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Object.
  3. The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the Object.
  4. All invoices will be raised by The Art Spa based on the registration information provided by the Buyer or amended at the time of finalizing a purchase and payments will be accepted only from the Buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
  5. Placing an order on www.theartspa.in constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by The Art Spa within 3 working days on account of a default by the seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contact of sale. The contract of sale is between The Art Spa (acting as the agent of the seller) and the Buyer.
  6. The Art Spa shall have the right to cancel any order placed on the website www.theartspa.in, at any time prior to the delivery of the Object, without assigning any reason whatsoever.
  7. The Art Spa shall assume no responsibility for any errors or ommissions that may occur in the Description, pricing or other content related to the Object. In the event of such an error, The Art Spa reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
  8. Once an order is placed on The Art Spa the Buyer is required to make payment for the price of the Object as well as the charges referred to above within 5 working days from the date of placing the order. In the event that The Art Spa does not receive payment within 5 working days The Art Spa reserves the right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, The Art Spa may, at its absolute discretion, hold the Object for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
  9. The Object will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by The Art Spa are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the Buyer chooses to himself collect the Object from The Art Spa he must do so within two weeks of The Art Spa receiving the payment and committing a delivery date. In the event that the Object is not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of The Art Spa.
  10. 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.
  11. The Art Spa is authorized by the sellers to exercise complete discretion in (i) the illustration and descriptions of Object for viewing and sale and (ii) acceptance or rejection of orders received.
  12. All Objects displayed on the Website is supported by an authenticity guarantee from the Seller.
  13. The Art Spa is not obligated to provide any physical preview of the Object either before or after the sale. The Art Spa is in no way liable for the condition of the Object. Condition reports are provided on request and are based on the information provided by the seller.
  14. All foreign currency exchange rates for the purchase are made on a constant of 1:65(USD:INR). The prices for individual Object have been 'rounded off' for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.
  15. 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 The Art Spa immediately. The Art Spa 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 The Art Spa 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 The Art Spa

Please refer to the Disclaimer and the terms of our Privacy Policy, which together with these terms and conditions govern your use of the website.

PRIVACY POLICY

Your privacy is important to us. That is why, as The Art Spa customer, we are committed to the protection of your privacy. To ensure that you feel confident about providing us with your personal information when communicating with us and using our services, we outline below our practices in relation to the collection and use of personal data.

By visiting or using the www.theartspa.in or www.artspa.in website and domain name, any other theartspa-owned linked pages, features, content, mobile applications, and any other services we offer from time to time (collectively, the "Websites"), you agree to the practices and policies set out in this Privacy Policy, and you hereby acknowledge and consent to our collection, use, and sharing of your information as described in this Privacy Policy. Capitalized terms that are not defined in this Privacy Policy have the meaning given to them in our Terms and Conditions.

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Websites. No one under age 13 may provide any personal information to us. If you believe that we might have any information from or about a child under 13, please contact us at info@theartspa.in so we may delete that information.

INFORMATION WE COLLECT & USE

WEBSITES

In general, you can visit our website without telling us who you are or revealing any personal information about yourself. We track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.

However, to make better use our site including receiving communications from us and accessing certain features, you will need to sign up for our e-mail newsletters or register using our online registration form, where you are required to provide us with your contact and identity information, town/city, email id and other personal information as indicated in the forms on the site and/or your third-party account information (for example, your log-in name and password for Facebook). If you access the Service through Facebook Connect , you understand that some content and/or information in your Facebook account (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Websites is covered by this Privacy Policy.

Our primary goal in collecting and storing this information from you is to provide an efficient, relevant and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our site to make your experience easier. Importantly, we only collect personal information about you that we consider relevant for achieving this purpose.

We may automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand and serve our users. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), your computer browser information, your IP address, which areas of the site you visit and which features you use.

We use data collection devices such as "cookies" on certain pages of the site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your device that allow us to identify your browser and device and assist us in providing our services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they automatically expire at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the site and you may be required to reenter your password more frequently during a session.

EMAIL

In order to provide you with timely notice about upcoming events, new products, paintings, murals and photographs introduced, The Art Spa may send you emails. To help us make these e-mails more useful and interesting, we often receive a confirmation when you open the e-mail or click on a link if your computer supports such capabilities. At any time, you may click the unsubscribe link at the bottom of most emails we send to stop receiving those emails. You may also send an email to info@theartspa.in and request that your email address be removed from our lists. Note that certain email communications from us are required as a condition for using some of our services. As an example, Tell a Friend.

OTHER CORRESPONDENCE

If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you

We would like to reiterate that we limit the use of your information to the extent that we reasonably require to deliver our products, services and other opportunities, and to administer our business. The Art Spa does not sell, lease or give your personal information to any other company.

SECURITY

Any personal data you provide to us is securely stored in our internal Information Technology (IT) systems to which only authorized The Art Spa employees are permitted access. This access is provided to employees only on a “need-to-know” basis to the extent necessary to execute their official responsibilities.

All our employees are required to sign a confidentiality agreement in which they agree to treat company & customer data as strictly confidential. The server holding your personal data is protected against both unauthorised physical and electronic access. These measures include an electronic firewall and various other protection measures that involve virus scanning, installation of security patches, vulnerability testing, backup and recovery planning, employee training, security audits and other steps designed to constantly improve the data protection posture.

To protect your privacy and security, we will verify your identity before granting access or making changes to your personally-identifying information. If you have registered your profile on The Art Spa, your theartspa ID and password are required in order to access your profile information.

We neither rent nor sell your personal information in personally identifiable form to anyone. We are committed to protecting and safeguarding your privacy.

DISCLAIMER & TERMS AND CONDITIONS OF USE

These terms and conditions of use shall govern your use of the site www.theartspa.in, and all other URLs forming part thereof (hereinafter referred to as "the Sites"). Access to and use of the worldwide website (“THEARTSPA.IN”) owned by M/s THE ART SPA, is provided and allowed only to person(s) in the jurisdiction(s) where it is lawful to provide such services, and subject to the terms, conditions and notices hereunder, as modified from time to time. Your accessing and using this website www.theartspa.in or www.artspa.in constitutes your agreement to these terms, conditions and notices. As a registered user of this website www.theartspa.in, this Agreement shall be effective and binding upon your “Acceptance” of these terms and conditions. These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the users of the Site.

MODIFICATION OF THESE TERMS OF USE

The Art Spa reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges, if any, associated with the use of the Sites. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You shall use the Sites in good faith and for the essential purposes for which the Sites are intended. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sites.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites, you warrant to The Art Spa 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 THE ART SPA OR POSTED ON THE SITES

The Art Spa does not claim ownership of the materials you provide to The Art Spa (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 The Art Spa 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.

The Art Spa agrees that it shall not use or sell user identifiable data contained in the Submissions. However, The Art Spa has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that The Art Spa deems fit.

SOFTWARE AVAILABLE ON THE SITES

Software (if any) that is made available to download from the Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of The Art Spa and/or its suppliers. The Art Spa hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular Site in accordance with these Terms of Use, and for no other purpose. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

LIABILITY DISCLAIMER

The information, software (if any), products, and services included in or available through the Sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Art Spa and/or its respective suppliers may make improvements and/or changes in the Sites at any time. Advice received via the Sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. The Art Spa and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Sites for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. The Art Spa and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall The Art Spa and/or its suppliers 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 any way 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, software, 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 The Art Spa or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Sites.

TERMINATION/ACCESS RESTRICTION

The Art Spa reserves the right, in its sole discretion, to terminate your access to any or all Sites and the related services or any portion thereof at any time, without notice.

GENERAL

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 Mumbai, 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 The Art Spa 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 The Art Spa with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Art Spa 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 The Art Spa and/or its suppliers. All trademarks, names, brandnames, etc. used on the Sites are either trademarks or registered trademarks of The Art Spa or its associated companies. Any rights not expressly granted herein are reserved.

PAYMENTS

You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks, products, paintings, murals and photographs 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.

CANCELLATION AND REFUND POLICY

We are confident that you will absolutely love our Objects/Products.

Objects (artworks, handmade products, furniture, paintings, murals, photographs and other such articles offered by The Art Spa for sale) and services once purchased or booked through The Art Spa cannot be cancelled and the refunds thereof are not allowed in any circumstances. However, exceptional cases of 'manufacturing defect' and ' wrong consignment ' can be dealt with separately after due verification of proof and based on established facts with vendor partners on case to case basis. Cancellation of transactions by the End-User/Buyer can be due to any of the following reasons:

The order may be cancelled before shipment due to any of the following reasons:

  1. The specific Object is already sold or out of stock
  2. The order could not be shipped within the specified timeline.
  3. The shipping address is not serviceable
  4. Any other force majeure reason beyond the control of vendors or The Art Spa, including bandh, strike, natural climatic, etc.

The orders may be cancelled post shipment and delivery due to any of the following reasons:

  1. Established defect in the object which the seller is not able to either replace or repair, within the specific given timelines.
  2. Correct Object could not be delivered after first replacement
  3. Shipping address found to be untraceable, wrong, incomplete, locked and customer not available.
  4. Object lost, damaged during transit and delivery not accepted

Conditions:

  1. The refund shall be processed only after the Object is shipped back unused and received by us in its original condition with the original packing without any tampering.
  2. Buyer/User needs to attach original invoice and relevant documents as provided with the product to process refunds.
  3. The return courier AWB/tracking number should be communicated to The Art Spa contact number.

Refund Policy:

We shall process the refund subject to receipt of the merchandise by us in unused condition in its original packaging along with original tags and invoice, failing which return/ refund may not be possible.

Before accepting delivery of the Object/s, please ensure that the packaging has not been damaged or tampered with. If you believe that the merchandise is not in good condition, or if the packaging is tampered with or damaged, before accepting delivery of the goods, please refuse to take delivery of the package and call us at +91 8828200072 or e-mail us at info@theartspa.in, mentioning your order reference number. We shall make our best efforts to ensure that a replacement delivery is made to you at the earliest. Any such item, which can be repaired, will be re-delivered to you in 5-6 working days and any item damage, which needs to be replaced, will be re-delivered to you in 15-18 working days. In the event you return any item, which is delivered, to you in damaged/defective condition, there will be no additional shipping charges.

After the merchandise is received by The Art Spa, and subject to verification of the purchase and condition of the Object/s we shall process a refund within 10 business/working days of receipt of the Object/s.

Refunds of payments charged to the Cardholder's debit /credit card will only be credited back to the Cardholder's debit / credit card account, which was used to pay for the original order. Please note that we shall not be responsible for any delays in credit to the Cardholder's debit / credit card account as that is managed by the Cardholder's issuing bank.

We shall not allow any exchange/return of Object due to the price or slight make differential that exists as no two similar products will be exactly of the same price or type/make, as all products are handcrafted individually. All items must be returned in their original condition, undamaged.