Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.
This electronic record is generated by a computer system and does not require any physical or digital signatures. Welcome to ARTychoke, an online store where you can explore, learn and buy exclusive creations infused with original art.
Membership Eligibility and Registration
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with ARTychoke through electronic records and You give your consent to receive communications via electronic records from ARTychoke periodically and as and when required. ARTychoke may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free. There is no charge or fee for browsing and buying products on the Website. However ARTychoke reserve the right to charge fee and change its policies from time to time. In particular, ARTychoke may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, ARTychoke reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website.
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. Limited reproduction and copying of the content of the Website is permitted provided that ARTychoke ‘s name is stated as the source and prior written permission of ARTychoke is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the website.
All payments must be received by ARTychoke prior to shipping unless the order is placed by using Cash on delivery (COD) payment mode. ARTychoke accepts payment by cheque/cash/draft, net-banking, credit card, debit card, cash card, mobile payments.
Shipping and Handling
ARTychoke will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Title and risk of loss and damages pass on to you upon the products delivery to you. In case reverse shipment cannot be arranged by us due to unavailability of our logistics partners, then in that case you may be requested to send such products through any available courier services.
Return of Products by you
ARTychoke will accept the return of the products, provided such return is for products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that ARTychoke are informed about such discrepancies within 24 hours from the date of receipt of the product and provided that the products are returned in their original condition. No refunds are applicable for returns. You shall be provided with a replaced product, if the product is not available, we will issue a merchandise credit in the appropriate amount. ARTychoke will offer you credits in such case, which can be redeemed on your next purchase.. A refund is applicable only under the sole discretion of ARTychoke. All refunds would be through a NEFT transfer/Cheque deposit in your Bank Account and no Cash payments will be made in lieu of the same.
Changes and Cancellation
Any item additions, quantity changes or specification changes made to accepted orders will be modified in the order details. All sales are final, provided, however, item cancellations and quantity reductions may be made before the order is shipped subject to terms and conditions. ARTychoke may, without liability, cancel any accepted order before shipment if ARTychoke ‘s credit department does not approve your credit or if there are other problems with the payment mode selected by you.
Cancellations will be considered only if the request is made within 24 hours of placing an order. If your order has not been processed, we can cancel it and refund the amount as ARTychoke Credits. However, the cancellation request will not be entertained if the process of producing/ shipping your order has been initiated.
If any orders are cancelled by you after procurement, but before being shipped by ARTychoke, then ARTychoke will charge restocking fee as applicable. Refund will be made after deducting such restocking fee as applicable within 7-30 working days.
You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order. You further declare that the Product will be acquired for your personal use. The Product will not be sold, resold, bartered or in any way disposed for profit.
Intellectual Property Rights
- a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ARTychoke 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. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to ARTychoke without obtaining written authorization from ARTychoke.
- b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
ARTychoke does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, ARTychoke assume no responsibility for examining or evaluating the products and services offered by them. ARTychoke do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). ARTychoke does not endorse, in any way, any third party website(s) or content thereof.
You agree to indemnify, defend and hold harmless ARTychoke from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ARTychoke that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
This Agreement is effective unless and until terminated by either you or ARTychoke. You may terminate this Agreement at any time by no longer using this Website, provided that all prior uses of this Website shall be governed by this Agreement. ARTychoke may terminate this Agreement at any time and without notice, and accordingly deny you access to this Website, in ARTychoke ‘ssole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or ARTychoke, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
These terms shall be governed by and constructed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi, India.
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.