– Terms & Conditions –

 

  • ElauraArt Gallery (“the Gallery”) is operated by Mrs. Anjali Vatkar and is located at 11 Kamer Building, 38 Cawasji Patel Street, Fort, Mumbai, Maharashtra, 400001, India. These Terms and Conditions are for visitors who visit this website of the Gallery (“visitors”) and those who purchase one or more works of art present with the Gallery (“the Buyer”) and the Gallery. The Gallery reserves all rights to change/alter these Terms and Conditions at any time, in its sole discretion, and without giving any notice to any Visitor and/or Buyer.
  • All Visitors and Buyers agree to abide by all terms, conditions, obligations, and covenants prescribed herein in these Terms and Conditions. In particular, all Visitors warrant and represent that all information submits on this site, including without limitation, your contact details, payment details, correspondence address and all other information submitted shall be true and accurate.
  • The Buyer warrants and represents that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to the Gallery immediately. The Gallery shall be entitled to act on the basis of the information provided and seek such further information, clarifications, or verifications as it may deem necessary for granting registration. Such registration may be suspended or canceled where the Gallery reasonably believes that any of the provided information may be inaccurate and such registration will be restored once the Buyer furnishes/ confirms all information to the satisfaction of the Gallery.
  • The Buyer hereby agrees to pay all costs, charges, expenses, duties, and all applicable taxes for all the purchases made from the Gallery.
  • The Gallery is the owner / authorized agent in relation to all the artwork displayed on this. The Gallery is further authorized to exercise complete discretion in the illustration and descriptions of the artwork for viewing and sale and acceptance or rejection of orders received in relation thereto.
  • The trademarks associated with the Gallery, including but not limited to the name, logo, and other identification marks of the Gallery/ its affiliates, are the exclusive property of the Gallery / its affiliates and no third party is authorized to make any use of the same without the written permission from the Gallery / its affiliates.
  • The Gallery shall have no responsibility for any errors or omissions that may occur in the description, pricing, or other content related to the artwork, such as the name of the artist, designer, or manufacturer, the title of the artwork, the signature of the artist/ date (if any), the surface, medium and dimensions, year and any additional information related to the artwork. The Gallery shall not be held responsible for the condition of the artwork. Condition reports may be provided by the Gallery on the specific request of the Buyer and shall be based on the information provided by the artist. If the Gallery believes that there is a significant difference in the condition of the artwork and its representation on this website, then the Gallery may inform the Buyer of the same and await the Buyer’s decision to proceed with the order.
  • Notwithstanding anything to the contrary, the Gallery shall have the right to cancel any order placed on this website at any time for any reason whatsoever, including without limitation owing to any error as mentioned above, the reluctance or inability of the artist to sell the specific artwork, etc, by informing the Buyer in writing. In case any advance had been received from the Buyer, then the same shall be returned to the Buyer within a reasonable amount of time.
  • All Visitors and Buyers agree and acknowledge that all title, ownership rights, and intellectual property rights in and to the artwork and all other content on this website are the exclusive property of the Gallery / its affiliates / the artist (as the case may be) and shall remain the sole property of the Gallery / its affiliates / the artist (as the case may be). The Gallery will strongly protect these rights in all countries.
  • All Visitors and Buyers agree and acknowledge that they shall not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the artwork or any other content available on this website, in whole or in part, except as is expressly permitted in this agreement. All Visitors and Buyers guarantee that they shall not download or copy the artwork or any other content of this website, in whole or in part, for their own personal use, except as explicitly permitted by the Gallery.
  • All Visitors and Buyers agree and acknowledge that they will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the installation; you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of this website, or any software used on this website , and that you will not permit any other person to do so; You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution for inter alia accessing data unlawfully or without consent, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, taking any action in order to obtain goods to which you are not entitled, etc.
  • All Visitors and Buyers agree to indemnify the Gallery and its affiliates against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of this website, or the infringement by the Visitor / Buyer, or by any other person using the Visitor / Buyer’s computer, of any intellectual property or other rights of any person, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of the communications issued by the Visitor / Buyer to the Gallery in any mode of communication. All Visitors and Buyers agree to indemnify the Gallery and its affiliates against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way due to any breach of these Terms & Conditions.
  • The information provided during registration or amended at the time of finalizing a purchase shall be treated as the final billing address and shipping address of the Buyer for completion of the sale and delivery of the artwork.
  • The prices of the artworks listed on this website are exclusive of all applicable duties, taxes, and charges for shipping and handling – which would depend prevalent tax regime and on the physical location of the artwork as well as the shipping address provided by the Buyer as the artworks listed may not always be located at the Gallery. Such additional charges would be payable by the Buyer and shall be added to the final sale price chargeable to the Buyer. Also, please note that all artworks contained on this website may not be available for sale, at the sole discretion of the Gallery, whether explicitly mentioned on the website or not.
  • When the Buyer wishes to purchase an unframed painting or such other artwork, the Gallery may offer the option of framing the said artwork (at additional applicable charges) and a choice of frames for the same. It is clarified that the charges for the selected frames will be applicable over and above the price of the artwork and other charges if any. However, please note that all frames contained on this website may not be available for sale due to any reason. If upon placing an order for framing of an artwork with a selected frame, the Gallery is unable to offer the same frame, then the Buyer will be informed of the same within 2 working days of the date of placement of the order.
  • All descriptions, weights, and sizes of the artwork are those of the original artist and you may not rely on their accuracy. Accordingly, any such description shall not form part of these Terms and Conditions.
  • Please note that the placement of order here with the Gallery shall constitute an irrevocable acceptance of the purchase. Once an order has been placed with the Gallery, the Buyer shall be informed confirming the description of the artwork and the final price, including all above-mentioned expenses.
  • The shipping cost will be extra as per the shipping address, size, and weight of the product. The Buyer will have two options for shipping : (i) The Buyer can choose the vendor for their logistics and the Gallery will handover the artwork to the said authorized representative from the logistic solutions once the payment for the artwork and a request for the handover to the logistics personnel is sent to the Gallery by the Buyer; (ii) the Buyer can opt to peruse the list of approved/recommended logistics vendors by the Gallery. The said vendors will submit their quotes for the shipping, packaging, transporting, insurance, etc., and any other applicable charges for the transport of the artwork (domestically / internationally), and the Buyer can pick a logistics vendor from therein.
  • Once an order has been placed by the Buyer, the same cannot be rescinded by the Buyer and unless the Gallery rescinds or cancels the order within 4 (four) working days of the date of the order, such acceptance results in an enforceable contract of sale.
  • The Buyer shall make full payment for the final price, including the price of the artwork, the framing charges any other charges, etc., communicated at the time of placing the order with the Gallery. If the Gallery does not receive the said payment within the stipulated time, then the Gallery reserves its right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, the Gallery may, in its sole discretion, hold the artwork for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller, if the case may so be) to ensure execution of the contract of sale.
  • The purchased artwork shall be delivered/shipped to the Buyer within 10 – 15 days after the full payment pertaining to the artwork is made and when all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested by the Gallery are completed. The Gallery shall not be responsible for delays in delivery and performance that are due to events of force majeure or events beyond its reasonable control or that of its subcontractors (including, in particular, strikes, lock-outs, governmental orders, shortage in energy or transportation, pandemics, etc.).
  • If the Buyer wishes to personally collect the artwork from the Gallery or arrange for the shipping and transport through any third party of their choosing, then the artwork must be picked up from the Gallery, or the place at which the artwork is located, within 7 (seven) days of the full payment is made and all the documents being completed, as mentioned above. The artwork shall be handed over to the buyer or any authorized representative of the buyer carrying an authorization letter from the Buyer. It is confirmed and acknowledged by the Buyer that the entire risk and the obligation to ensure the safety of the artwork will transfer to the buyer / authorized representative when the artwork is picked up as mentioned above.
  • If the artwork is not collected within the above-mentioned 7 (seven), then the Buyer may have to incur additional charges towards storage and insurance costs, which shall be solely determined by the Gallery.
  • The Gallery is not obligated to provide any physical preview of the artworks prior to or after post the sale of any artwork.