Terms and Conditions
TERMS & CONDITIONS OF SALE
By registering and placing an order on www.gruneelefantart.com you acknowledge that you are bound by the Terms and Conditions listed below.
The terminology used below forms part of this document. By accessing the website www.gruneelefantart.com you are assumed to have read and understood the below Terms & Conditions and agree to abide by the same.
The proprietorship going by the name ‘Grüne Elefant Art’, having its offices at Bangalore and Mumbai, and governed by the India Laws under the jurisdiction of the High Court of Karnataka, Bangalore.
The domain and website www.gruneelefantart.com which constitutes the online gallery owned and managed by Grüne Elefant Art, and all other URLs forming part thereof.
Any person accessing and placing an order on The Website for the purchase of an artwork.
All works of art displayed on the website including painting, print making, drawing, sculpture, photography, installation and prints (reproductions).
Details of an artwork as published on The Website, including and without limitation to, the name of the artist, title, medium, size, year and any additional information that may be made available.
The owner of the artwork displayed on The Website for sale. The Seller could be the artist, The Gallery, or a third party.
Point of Delivery:
The destination or location at which the Buyer takes physical possession of the artwork.
A. GENERAL TERMS
- All Artwork made available for sale on the Website will be sold at the price listed. The price listed is exclusive of incidental charges such as taxes and shipping. Incidental charges will be as indicated in the Check Out page, and charged to the Buyer. Information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for billing and delivery of the Artwork.
- The Gallery is not liable for any additional charges or duties that may be levied at the Point of Delivery, whether in India or overseas over and above the taxes collected and paid at the time of sale.
- All order confirmations will be raised by The Gallery based on the registration information provided by the Buyer at the time of making the purchase and payments will be accepted only from the Buyer so registered.
- Placing an order on The Website constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by The Gallery within 5 working days on account of a default by the Seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contract of sale. Unless otherwise specified, the contract of sale is between The Gallery (acting as the agent of the Seller) and the Buyer.
- Once an order is placed on The Website, the buyer is required to make payment for the price of the Artwork within 5 working days from the date of placing the order. The Gallery uses the services of globally reputed secure payment gateways to enable payment transactions online. If the payment is not received within this timeframe, The Gallery retains the right to either rescind the order or, alternately, without prejudice to the foregoing and at its absolute discretion, hold the Artwork for the Buyer and seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
- All sales are against 100% payment in advance.
- Sale of artwork to Buyers outside of India will be based on the US$ currency indicated against the Artwork, and prevailing foreign exchange rates at the time of sale. Prices wherever indicated in US$ have been rounded off for ease of reference.
- The Gallery is authorized by the Seller to exercise complete discretion in (a) the display and description of Artwork for viewing and sale and (b) acceptance or rejection of orders received.
- The Buyer warrants 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 is entitled to act on the basis of the information provided and seek such further information, clarification or verification as it may deem necessary for granting registration. Such registration may be suspended or cancelled where The Gallery forms a reasonable view that any of the above information may be inaccurate. Such registrations shall also be restored if the User/Buyer furnishes accurate information to the satisfaction of The Gallery.
- By visiting The Website and exchanging emails with The Gallery, the Buyer is communicating with The Gallery electronically, and consents to such communication. The Gallery may communicate with the Buyer over email or by posting information on The Website. The Buyer agrees that all agreements, notices, disclosures and other communications that The Gallery provides electronically, satisfy any legal requirement that such communications are made in writing.
- The Gallery shall remain indemnified against any liability arising out of losses due to Force Majeure, which may prevent it from fulfilling its obligations towards the sale.
- These Terms and conditions are to be interpreted in accordance with India Laws. Any dispute with The Gallery arising out of a sale will be subject to the laws and jurisdiction of the High Court of Karnataka, Bangalore.
B. SALE OF ORIGINAL ARTWORK
- The Artwork displayed for sale on The Website may not always be in the physical possession of The Gallery, and may be physically located anywhere in the world.
- All Artworks are delivered in an unframed and rolled condition, packed in protective cylinders and shipped through reputed courier services. Artworks that are requested to be delivered in framed condition, will attract special shipping rates and will be charged accordingly. The Gallery does not recommend shipping of ‘glass framed’ artwork. Though utmost care is taken while packing, The Gallery cannot provide any guarantee for the glass.
- Artwork physically located with the Seller may be shipped directly from the Seller to the Buyer, or via The Gallery.
- While great care is taken to reproduce the colours and form of the original Artwork as depicted on the website, it is understood that there may sometimes be slight variations in shade and colour between the physical artwork and its digital image. No complaints in this regard will be entertained.
- Artwork received by the Buyer in a damaged condition must first be notified to The Gallery immediately by email to firstname.lastname@example.org, along with visual proof of the damage attached, and then returned to the Seller via The Gallery within 2 days of receipt in an ‘as is’ condition. On receipt of the damaged artwork, The Gallery will cancel the order and either refund the amount paid or issue a credit note to the Buyer. However, damaged glass frames, slight variations in shade and colour, and general dislike of the artwork purchased shall not be entertained as reasons for returning artwork.
- As the Buyer, you agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information submitted by you will be true and accurate (including and without limitation to all your credit card details), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
- All Artwork made available for sale on The Website will be provided with a Certificate of Authenticity from the Seller. The Gallery does not issue any authenticity guarantee. The Gallery is not obligated to provide any physical preview of the Artwork, either before or after the sale, and is in no way liable for the physical condition of the Artwork.
C. SALE OF PRINTS (REPRODUCTIONS)
- Availability of Prints for specific Artwork will be indicated on The Website as and when The Artist opens up his/her work for open edition prints. The size and price of available prints may vary from time to time.
- All prints are printed on Paper or Canvas, with high quality printing machines, and shipped directly by The Gallery.
- All prints are delivered in an unframed and rolled condition, packed in protective cylinders and shipped through reputed courier services.
- The return / refund of artwork received in damaged condition by the buyer shall be as per the process mentioned in clause B.5. above.
- Prints of Artwork shall not be provided with authenticity guarantees by the Seller or The Gallery since they are reproductions.