Terms of Use

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.

The terms and conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of ARTychoke by you. You must read, agree with and accept all of the terms and conditions contained in this agreement as these terms constitute your legal and contractual obligations towards ARTychoke for using this website. This agreement is between you and www.artychoke.co (hereinafter referred to as “Website”). Your use of the Website and services and tools are governed by the terms and conditions (“Terms of Use”) as applicable to the Website. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with ARTychoke, these terms and conditions constitute your binding obligations, with ARTychoke. If you do not agree or are not willing to be bound by the terms and conditions of this agreement please do not seek to obtain access to or otherwise undertake any activity on the Website. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility and Registration

No registration is required if you use the Website to search products, browse profiles or add products to cart. Member registration is required for a variety of features, functions and services such as adding to the wish list or favorite list, products, making comments, rating products, buying items. Registration as a member is free of charge. We reserve the right to refuse service and registration to anyone for any reason at any time. When you register and agree to be bound to these Terms & Conditions, a contract between the Website and you for the use of website is accomplished by default. If you have registered or subscribed to ARTychoke’s website, any user identification code or password must be kept confidential and used only by you. We have the right to disable any user identification code or password whether chosen by you or allocated by us at any time if in our option you have failed to comply with any of the provisions of these terms of use. Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the website and shall not transact or use website. As a minor if you wish to use or transact on, such use or transaction may be made by your legal guardian or parents who have registered as users of the website. Website reserves the right to terminate your membership and refuse to provide you with access to the website if it is brought to website’s notice or if it is discovered that you are under the age of 18 years. You declare yourself willing to provide true, accurate, up-to-date and complete information as specified in the course of registration and store and profile generation, and to update this data as necessary from time to time. You shall not transfer or sell your User Name to any other person. We reserve the right to delete accounts that have not completed the registration process, e.g. invalidated registrations.

Communications

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.

Charges

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.

Limited User

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.

Privacy Policy

You hereby consent, express and agree that you have read and fully understood the Privacy Policy of ARTychoke. You further consent that the terms and contents of such Privacy Policy are acceptable to you.

Prices

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.

Payment

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.

Refund

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.

Mandatory Declaration

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

  1. 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.
  2. 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.

Other Businesses

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.

Indemnification

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.

Termination

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.

Governing Law

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.

Severability

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.

Complaints

Procedure If you have a question or complaint about this web site, please contact us at [email protected].

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