Terms and Conditions
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.
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.
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.
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.
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.
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.
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.
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.