Please read the following terms and conditions very carefully. If you proceed to use the Arteastic website, it implies that you have accepted our terms and conditions (“Terms”) and agree to comply with the same.
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use our service. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us", “Arteastic” and "our" shall mean Pulsatech Solutions.
Arteastic website reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who we believe has violated the provisions of this User Agreement. Users are advised to check the terms from time to time to know about our policy and user agreement.
1.User Account, Password and Security
(a) User Account
You need not have an account to shop with us, though in order to avail certain benefits and services, you may need to create an account with Arteastic. However, you need to keep in mind the following rules to do the same.
A) You Must Be 18 Or Older To Use Our Services - Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
B) Provide Accurate Information – You agree to provide complete and accurate information during the time of registration. False information or misrepresenting your identity or company through your account is prohibited. Arteastic reserves the right to terminate your account under such circumstances.
C) Choosing Of An Appropriate Username- A username that is offensive, vulgar, or infringes someone’s intellectual property rights will be violating the Terms.
D) You Are Solely Responsible For Your Account-You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify Arteastic.in of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Arteastic cannot and will not be liable for any loss or damage arising from your failure to comply with this.
E) Communication- By registering with Arteastic, you agree to allow us to contact you via email, SMS, Telephone, Chat etc. for any notification or any other service/promotion related communication. Arteastic will not be held responsible for any kind of legal implication raised, due to the incorrect nature of the details provided by you.
(b) User Content
Arteastic will ask you from time to time about your feedback on its products, services etc. You may also be asked to rate or review certain products and services on Arteastic. We may also request you to provide testimonials. All these are considered as “User Contents”. By submitting such contents at our site, you hereby grant to Arteastic a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Content.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. The User will also not use a robot, spider or extraction tool or process to monitor, extract or copy any unauthorised Website Content.
The User agrees not to copy, reproduce, or sell any product image, product listing, product description, price, page layout, page design, tagline, captions, trademark, logo, blog articles or other content for any commercial purpose. Limited reproduction and copying of the content of the Website is permitted provided that Arteastic name is stated as the source and prior written permission of Arteastic is sought.
User agrees not to upload any obscene, indecent, hateful, unlawful material, picture on the website. User will also not upload anything in violation of Intellectual Property rights of someone else. User will not upload any file containing viruses, corrupt files or software that may damage the operation of the Website.
User also agrees not to make any derogatory, defamatory, abusive, inappropriate, indecent statement/s and/or comment/s about any individual, company or entity including Arteastic on its website.
4.Limited Liability Of The Company
If the quality of any products, services, information, or other material purchased or obtained by you through the Website did not meet to the users expectations, no compensation will be given other than the return and refund of the product. The user cannot request compensation for any reason, including: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our Delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. Arteastic reserves the right to cancel orders and block accounts of such customers without any prior notice.
In no event shall the Company or its suppliers, affiliates and service providers 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 any manner whatsoever, including but not limited to negligence) out of or in connection with Arteastic, Arteastic authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company.
Arteastic assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Arteastic authorised payment gateway facility.
- Any delay, failure, interruption or errors in the operation of Arteastic or the Logistics Partner or of Arteastic authorised payment gateway facility.
5.Intellectual Property Rights
Arteastic owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. The User acknowledges and agrees that he/she shall not use, reproduce or distribute any content from the Website belonging to Arteastic without obtaining authorization from Arteastic.
6.Disclaimer For Product Quality
The product specifications (weight, size, color etc.) mentioned with the product photos are only approximate. Due to this, there might be slight difference in the image and the actual product. Arteastic deals with hand-made and hand painted handicraft items. Hence there is bound to be some inaccuracies, lack of symmetry and proportion, color mismatch or irregularities, and other aspects of human limitations. You agree not to contend for these kinds of inaccuracies.
7.Links To Third Party Sites
Arteastic may contain links to external websites ("Linked Sites").You acknowledge and agree that Arteastic has no control and hence no responsibility for the accuracy or availability of information provided by linked websites. These links are provided to the User only as a convenience and the inclusion of any link does not imply endorsement by Arteastic. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
8.Pricing And Availability Policy
Arteastic reserves the right to change the listed price of all products at any point of time. However, once an item is checked out, the price is fixed. The availability of the product will be clearly mentioned along with product listing. The User may select a product that is out of stock by sending an enquiry to Arteastic. Arteastic reserves the right to decide when to make the product available on the site/to the user.
9. Risk And Ownership
The risk and ownership clause states that products are at the customers risk from the time of delivery, and that ownership passes to the customer upon the later of delivery and receipt of all sums due in respect of the products.
10. GENERAL :
1. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
3. Consent To Transfer:
The Site is maintained in India while the data is on cloud outside India (depending on where the cloud provider hosts its server).Please be aware that any information provided to us by you will be transferred to the cloud and will be accessed by our team in India. It is clarified that, by using the Site, participating in any of our services, and/or providing us with your information, User consents to this transfer.
4. Acceptance And Changes To Policy:
5. Electronic Communications:
The communications between user and Arteastic use electronic means, whether you visit the Website or send Arteastic e-mails, or whether Arteastic posts notices on the Website or through the Services or communicates with user via e-mail. For contractual purposes, user (1) consents to receive communications from Arteastic in an electronic form; and (2) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Arteastic provides to user electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect user’s statutory rights.