Buyer Terms & Conditions

Conditions for purchasing merchandise

About ArtMikado:

ArtMikado is an electronic platform owned, managed and operated by ArtMikado Private Limited, a company registered in India, where users, register as members to display, sell or purchase original works of art and printed replications of the same online solely through a transaction getaway as provided in its website, as per the terms and conditions for sale and purchase as furnished in the website. The website enables all member artists to set up their own online galleries for display through the website indicating all necessary information about each work of art as displayed through the website. ArtMikado is also a platform for display and sale of printed and / or manually created reproductions of works of art by artists or any other vendors for consideration charged from the vendors of such reproductions of works of art in any form. In this agreement, the expression “ArtMikado” shall mean and represent for all purpose ArtMikado Private Limited.

Conditions of use of the website by the buyers of works of art

[1] If you wish to avail the services provided by ArtMikado through its website for buying any original work of art from any artist / owner of such work of art, you must be a registered member of ArtMikado by accepting the terms of use of the website, in the manner as prescribed in the website and upon understanding and accepting in full the terms and conditions, undertakings, warranties and indemnities, disclaimers and privacy policy of ArtMikado Private Limited. By using and / or availing the services of ArtMikado for the purpose of buying any original work of art from any artist / owner of such work of art, you represent and assure ArtMikado that you have read and understood all the terms and conditions pre-conditional to availing such services of ArtMikado by you and you agree and undertake to abide by such terms and conditions for each and every transaction of buying any original work of art or any manual replication of the same or transactions relating to print of any work of art.

[2] It is warranted that before placing purchase order for any original work of art or a manual replication thereof or any print of any work of art showcased by any artist / owner thereof in the website of ArtMikado, you have fully understood that the visual representation and the particulars of such work of art including the medium used in such work of art and the particulars of ownership and copyright of such work of art are displayed in the website of ArtMikado in good faith and solely on the basis of the declarations and representations made by the artist / owner of such work of art; and ArtMikado does not in any manner guarantee or promise correctness of such declarations and representations with regard to any original work of art; and ArtMikado shall not and cannot be held responsible and / or cannot be saddled with any liability in the event of any discrepancy between the real item purchased by you and the visual representation or descriptions pertaining to medium / material used or ownership particulars of the same as uploaded and showcased in the website of ArtMikado; and in such case, subject to the terms and conditions stipulated herein-below, the buyer shall be entitled to the refund of the payment made by him, upon returning such merchandise to ArtMikado in safe and sound condition.

[3] It is warranted that before placing a purchase order through the website of ArtMikado, you have fully apprised yourself to the best of your satisfaction regarding all the particulars of any showcased work of art or manual replication thereof which you intend to buy.

[4] It is understood and agreed by you that the size, texture or visual effect of the colour of any work of art purchased by you may vary upto 10% from the electronic representation of the same in the website, and such variation upto a tolerance limit of 10% shall not be treated to be a difference from the electronic representation of the purchased work of art; and shall not be construed as a valid ground for return of the work of art against full refund.

[5] It is understood and agreed by you that for buying any original work of art or a manual replication thereof or any print of a work of art through the website of ArtMikado, you have to make payment of the total price and taxes applicable thereon, of such merchandise as projected in the website of ArtMikado only through the payment getway provided in the website and your purchase order shall be processed upon receipt of full payment against your purchase order.

[6] It is understood and agreed by you that as a member of ArtMikado, you promise and undertake not to buy any original work of art or a manual replication thereof as showcased in the website of ArtMikado, from any other sources than the website of ArtMikado.

[7] It is understood and agreed by you that upon purchase of any item showcased in the website of ArtMikado, the item shall be delivered to you within the time-frame as indicated in the electronic invoice raised upon you and communicated to you by email, unless prevented by any circumstances beyond the control of normal human agency including force majeure. It is further understood by you that sale of any item through the website of ArtMikado is subject to availability of the same and acceptance of any purchase order and payment in respect of the same does not bind ArtMikado to complete the sale and in the event of non-delivery of any item for which purchase order is placed and payment made or in the event of impossibility of complete the sale transaction, the liability of ArtMikado shall be limited to refund the payment received by it in respect of such purchase order within a period of 15 days from the date of placement of such purchase order.

[8] By purchasing any item through the website of ArtMikado, you agree that in the event you wish to cancel the order before the item is delivered to you, you must cancel the order within 72 hours from making payment in respect of such order in order to get full refund of your payment; and that in the event, you cancel the order beyond the period of 72 hours from making payment, then the payment made by you shall be refunded to you within 15 days from the date of such cancellation through bank transaction, after deducting the courier charges on actual basis and tax liability incurred, from the amount paid by you. Post-delivery return of any work of art purchased by you shall be accepted only if the same is handed over to you in safe and intact condition and the courier shall endorse on the Returned Consignment Note that the returned merchandise has been received in sound and intact condition. The repayment/ refund on account of the same shall be made within 15 days after receipt of confirmation from the courier that the returned item was handed over to the courier by you in sound and intact condition or physical receipt of the returned item by Artmikado, whichever is earlier.

[9] It is understood and agreed by you that upon receipt of delivery of the booked item, you should open the package and verify whether the delivered item correspond with the item you booked and whether item is delivered in sound condition; and in the event the item delivered to you is other than the item booked by you, or the item is received in damaged condition, you shall indicate the same on the consignment note with your remark and full signature. If the merchandise is received by you in damaged condition, you may, decline to accept the same indicating your such declination and reasons thereof, on the consignment note

[10] It is understood and agreed by you that if the delivered item does not visually correspond with the item you ordered for or if the item is delivered in damaged condition; in that event you must inform the same to ArtMikado by email at (insert email id of customer care) within 72 hours from the time of delivery; and in case you wish to return the item for the reasons as aforesaid in this clause and get full refund of the price, you must place your refund and return request at the aforesaid email id of ArtMikado within 72 hours from the time of delivery. You also agree and understand that in the event you wish to return the item purchased by you and seek full refund, in that event you must comply with the conditions contained in clause nos. 8 and 9 of this memorandum and preserve the packaging / carton in which the item was delivered to you and hand over the same to our authorized courier agent at the time of returning the purchased item.

[11] It is understood and agreed by you that if you wish to return the item purchased by you and obtain refund of payment made by you for any reason other than that the item delivered is not corresponding to the item booked by you or that the item is delivered in damaged condition, in that event you must place your return and refund request at the ArtMikado website within 7 days including holidays, from the date of delivery of such item to you; and ArtMikado, upon receipt of a valid request from you, shall arrange to collect the item from you in respect of which request is placed by you; and after 15 days from collecting the returned item from you, the refund of the payment received from you, shall be refunded to you through bank transaction after deducting the applicable courier charges and tax levied. You also understand and agree that under this clause, no request for return of the item delivered which was ordered for by you and received in sound condition and also no request for refund of payment made by you shall be entertained unless request for the same is received by ArtMikado within seven days inclusive of holidays from the date of receipt of such item to you.

[12] It is understood and agreed by you that if you purchase a made-to-order original work of art or a made-to-order replication of any work of art, or a made-to-order print of any work of art, the same cannot be returned by you and no refund can be claimed by you by declining to accept delivery of such merchandise, unless the same is delivered to you in damaged condition. The condition pertaining to return of merchandise received in damaged condition and refund on account of the same shall apply in such case.

[13] It is warranted that you shall purchase any original work of art or manual replication / reproduction of any work of art through the website of ArtMikado with full knowledge and understanding that ArtMikado does not provide any guarantee or attribute any aesthetic value regarding any work of art showcased in the website of ArtMikado and neither provide any quality assurance regarding the materials used in such work of art or manual reproduction of any work of art; and as such, in case of any dispute pertaining to or arising out the aforesaid issues, ArtMikado shall not and cannot be saddled with any liability or consequence of such dispute which is a matter between the owner / seller of any work of art and the buyer; and the buyer keeps ArtMikado indemnified and free from all harms and liabilities whatsoever, against all actions which may be initiated by any party pertaining to any dispute regarding the aesthetic value and / or quality of the materials used in any work of art.

[14] It is warranted that before placing any purchase order in respect of any original work of art or manual replication thereof as showcased in the website of ArtMikado, you have read and fully understood the Seller’s agreement and the extents and limitations of contractual rights and obligations of the seller of any original work of art or manual replication thereof; and that by availing the services of ArtMikado for buying any item showcased in the website of ArtMikado, you agree that in case of any dispute and difference regarding any item sold to you or regarding any item for which you place order, this terms and conditions and the terms and conditions applicable in respect of the Seller shall be read together for determining the rights, liabilities, remedies of respective parties to any transaction.

[15] It is presumed that you are using this website to purchase works of art with full knowledge that your right as a buyer and your right as a member of ArtMikado are governed and limited solely and strictly as per the term and conditions for purchase and the terms and conditions of use of this website respectively.

[16] You agree that ArtMikado at its sole discretion may amend, modify, alter, supplement any or all clauses of this buyer’s agreement at its sole discretion, without consulting you or any other members of the website and such amendments, modifications, alterations and supplementation of the terms and conditions of use and the terms and conditions for purchase shall be binding on you and in respect of your transactions prospectively.

[17] By availing the service of ArtMikado for buying any item through its website, you agree that any dispute arising out of any transaction or part transaction between ArtMikado and the you shall be resolved through arbitration by a sole arbitrator nominated by ArtMikado under Arbitration and Conciliation Act 1996 or any law governing arbitration which may be in force at the relevant point of time; and the place of such arbitration shall be in Kolkata.

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We’d love to talk art! Call us on +91 9831043504 or drop us a note at info@artmikado.com ©2017 ART MIKADO. All Rights Reserved.

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