Terms and Conditions
Thank you for visiting store.chatterjeeandlal.com (the “Website”) which is owned and operated by Chatterjee & Lal LLP. Our services and the products listed on the Website are provided subject to the following terms of use (“Terms of Use”). By using this Website, you agree that you have read, understood and are indicating your agreement to be bound by these Terms of Use. If you do not wish to be bound by the said Terms of Use, please do not use this Website.
Throughout the Website, references to terms “we”, “us” and “our” shall mean store.chatterjeeandlal.com and “you”, “your” shall mean the end user accessing the Website, its contents and/or using the services and products offered through the Website.
These Terms of Use constitute an electronic record within the meaning of applicable law and are generated by a computer system and do not require any physical or digital signatures.
1. ELIGIBILITY
To use the Website, you must be at least eighteen years of age and shall only use the Website for lawful purposes. If you are under eighteen years of age, you may use this Website only with the involvement of a parent or a legal guardian who agrees to be bound by these Terms of Use.
2. OUR SERVICE
You agree, understand and acknowledge that the Website is an online platform that enables you to offer original works of digital art for sale, purchase such work of art listed on the Website at the price indicated therein at any time from any location and interact with other members and/or users of the Website.
3. BUYING PRODUCTS ON THE WEBSITE
You agree to purchase products that is/are listed on the Website by using a valid debit card, credit card, or through internet banking. You agree to pay the aggregate price listed on the Website checkout page which includes (i) the cost price of the product; (ii) packing and shipping fees; and (iii) all taxes as set forth below.
You hereby irrevocably authorize us to use your (i) credit card/ debit card/ internet banking information; and (ii) billing and shipping information for processing payment for the purchase on the Website.
You will not be able to cancel an order once it has been received for processing. However, we have the right to cancel any sale for any reason if, including, but not limited to: (i) we suspect that the buyer is fraudulent; or (ii) the product is out of stock; or (iii) the product is unavailable at the price listed on the Website. If we cancel an order placed via the Website, we will send you an email confirmation of such cancellation and you will not be charged for your order.
You are entirely responsible for paying all statutory taxes and transactional taxes or levies related to the purchase of the product. You shall pay the taxes we are required to collect, but failure by us to collect the same will not relieve your obligations in this regard. Further, each party shall be responsible for complying with any obligations imposed on it under applicable law with respect to the collection and payment of any taxes. Each party shall cooperate with the other party, and furnish the other party with any customary written documentation or forms as required under applicable law to enable the other party to comply with its obligations.
It is your responsibility to ensure the delivery address provided by you is correct. We take no responsibility for any product you do not receive because of errors in the delivery address given to us.
4. COLOR
You understand and agree that we use commercially reasonable efforts to display the colours of the product accurately on the Website. However, because individual computer monitors may display colours differently, we are not responsible for the colour accuracy of any product displayed on the Website and disclaim all liability in this regard.
5. REPLACEMENT POLICY
An order once delivered cannot be returned for refund. However, you may replace the order in case it is a damaged or wrongly delivered order, within seven days from the time the order is delivered to you.
6. RISK OF LOSS
The product purchased from this Website is shipped/ delivered by a third-party carrier pursuant to a shipment/delivery contract. As a result, risk of loss and title to such product may pass to you upon our delivery to the carrier.
7. INDEMNITY
You agree to hold us harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, employees, representatives, advertisers, licensors, suppliers or partners, from and against any against any claim, loss, liability, damages (actual and consequential) or expenses arising directly or indirectly from or in any way related to and not limited to the following: (a) your use/access of the Website and/or the service; (b) actual or alleged violation of the Terms of Use or non-performance of any of your obligation hereunder or any other actions connected with the use of our services; (c) actual or alleged breach of any warranty, representation or undertaking made by you herein, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature; (d) your violation of any third party right(s) including without limitation any intellectual property right, privacy, etc..
8. PRIVACY POLICY
In addition to these Terms of Use, you will also have to read the Privacy Policy.
By using the Website, you hereby agree to be bound by our Privacy Policy. A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of your personal information by us is located at Privacy. You consent to any personal information we may obtain about you (either via the Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update our Privacy Policy from time to time, in our sole discretion, and post an updated version of the notice on the Website. If you object to your information being collected, transferred or used in accordance with the Privacy Policy, please do not use the Website.
9. LINKS TO THIRD-PARTY SITES
Our Website may have links to other third-party websites. In the event you access those websites through our Website we cannot be liable for any loss or liability arising there from.
The Website may contain links to other third-party websites or resources ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, advertising, products or other materials on or available from such sites or any changes or updates to the Linked Site. It is your sole responsibility to comply with the appropriate terms of service of the Linked Site as well as with any other obligation under copyright, secrecy, defamation, privacy, security laws related to the use of such Linked Sites and any content contained thereon. We are not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. You are requested to verify the accuracy of all information on your own before undertaking any reliance on such information. Further, we reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users. In no event shall we be liable, directly or indirectly, to anyone for any loss, liability or damage caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on any such a Linked Site or accessed through these Linked Sites.
10. SECURITY
No data transmission over the internet can be guaranteed as totally secure. We strive to protect information transmitted through standard security measures such as the use of SSL-encryption/ and/or SiteLock in transmitting sensitive content. However, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
11. DISCLAIMER OF WARRANTIES
The Website, including, without limitation, all content, function, materials and services is provided to you "as is," without any warranty of any kind. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the user's transmission(s) or data; (c) any other matter relating to the services; 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 Website. We do not warrant that the Website or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet your expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Website shall create any warranty not expressly made herein. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. You expressly understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and that you will solely be responsible for any damage that results from the download of such material and/or data.
12. LIMITATION OF LIABILITY
In no event shall we, and/or our affiliates or any of our/their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, artists, institutions, representatives or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages directly or indirectly related to the use of, or the inability to use, the Website or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits, or loss of business, data or sales, or cost of substitute services, even if we or our representative or such individual has been advised of the possibility of such damages or any other matter relating to our services.
Additionally, in no event shall we or our respective officers directors, employees, agents, partners, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Website have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by the Website.
13. MISCELLANEOUS
To contact us with any questions or concerns in connection with these Terms of Use or the Website, or to provide any notice under these Terms of Use to us please write to us at: info@chatterjeeandlal.com
You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, or postings on the Website.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms of Use or the right to use the Website by you or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
If some part(s) of these Terms of Use are against what the law of the land states it does not mean that that the Terms of Use will be bad in law in its entirety. The problematic sections will be removed and all the other sections will remain intact.
If any term, covenant or provision hereof is determined to be void or unenforceable in whole or in part, it shall not be deemed to affect or impair the validity of any other term, covenant or provision, each of which is hereby declared to be separate and distinct and enforceable independently. If any term, covenant or provision is void but would be valid if some part of it were deleted, the term, covenant or provision in question shall apply with such modification as may be necessary to make it valid and such deletion shall not affect the enforceability of the remainder of these Terms of Use not so deleted.
We are a company incorporated in India and more particularly in the city of Mumbai. Complaints if not settled amicably between us will be governed by the courts situated in Mumbai.
These Terms of Use will be governed by the laws of India without regard to the conflict of law provisions thereof. You agree that any dispute or claims that may arise between you and us relating to the Terms of Use or the use of this Website shall be resolved amicably. In the event of failure to resolve the dispute or claim amicably, you agree, as we do, that the dispute shall be subject to the exclusive jurisdiction of the courts located at Mumbai. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries herein. Further, if you have a dispute with one or more members or sellers, you release us absolutely (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes. Before resorting to litigation, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as an alternative to litigation.
If any force of nature is beyond our control which restricts our performance in any manner under these Terms of Use we will not be held responsible for the same.
You agree that we shall be excused and shall not be held liable for any delay or non-performance under these Terms of Use, to the extent we are prevented from or delayed from performing any service, in whole or in part, as a result of an event of force majeure. Further, we shall not be liable for any losses or damages of any nature incurred or suffered by you or by any other party arising therefrom.
For the purposes of this provision, "event of force majeure" includes but is not limited to fire, earthquake, flood, inclement weather, tsunami, accident, epidemic, strike, lockout, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of any Party, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence.
You may not assign any right or obligation under these Terms of Use (by operation of law or otherwise) without our prior written consent, which may be withheld at our sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. We may assign these Terms of Use, in whole or in part, to any third party in our sole discretion.
The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision and we shall still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
The terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereunder" and words of similar import refer to the Terms of Use as a whole.
The Terms of Use and the Privacy Policy along with any other terms and conditions that may apply to you govern our relationship with you and override all other agreements you may have had with us in the past.
You agree that these Terms of Use along with any supplemental terms, policies, rules and guidelines posted on the Website constitutes the entire agreement between you and us, which supersedes any prior agreement or understanding between you and us, whether written or oral, and all other communications between you and us relating to the subject matter of this agreement. You may also be subject to additional terms and conditions that may be applicable to you when you purchase any art or use our services.
There are certain legal protections which continue to apply to us and/or you that don’t fall away even when we suspend or block you from using our Website.
Sections 7 (Indemnity), 8 (Privacy Policy), 11 (Disclaimer of Warranties), 12 (Limitations of Liability), and 13 (Miscellaneous), of these Terms of Use, shall survive its expiration or termination.
We are permitted to change the terms and conditions of these Terms of Use in whole or in part, at any time, with or without notice to you. In the event of any disagreement with the changes to these Terms of Use, you are at liberty to discontinue the use of the Website.
All rights not expressly granted in these Terms of Use are reserved by us.