Terms and Conditions
The use of the website www.vesavar.com and all other URLs forming part of it (hereafter referred to as “the Website”) by you (the User) is subject to the following terms and conditions, the privacy statement, and the disclaimer. The Website is managed and owned by Vesavar, a sole proprietorship business registered in Pune, India, in accordance with Indian legislation. In accordance with the terms and conditions, “you” refers to any user of the Website who browses, downloads, or submits any information to us, our agent, or the Website.
The following terms and conditions are presumed to have been accepted by you if you place an order on ww.vesavar.com. Vesavar retains the right at any moment to add, remove, change, or modify these terms and conditions. So, before making any purchases based on browsing the Website, the User is encouraged to carefully read these terms and conditions.
Every piece of information and artwork on the website will serve as a “call to offer.” The terms and conditions described below apply to your “offer,” which is your order to buy or use Vesavar’s online services. The decision to accept or reject your offer rests solely with Vesavar.
These terms and conditions shall apply despite any discrepancy with any other terms of any order submitted, and they shall supersede any prior representations, understandings, or agreements.
The agreement between you and Vesavar shall be subject to the following terms and conditions:
- All product prices are listed in Indian Rupees (unless indicated otherwise).
- The availability of the artworks with Vesavar affects the costs and availability of the artworks. Vesavar maintains the right, in its sole discretion, to alter the costs and accessibility of such artworks without previous notice. In addition, Vesavar reserves the right to cancel any orders placed if the requested products are not available at the time of the order.
- The artworks that are made available for purchase on the Website might not always be in Vesavar’s actual possession and could be situated elsewhere in the world.
- PURCHASE AND CANCELLATION
After placing an order on the website, you have seven working days from the date of the purchase to pay for the artwork’s price as well as the fees mentioned in clauses 5 and 6 above. If you choose to make an online payment, you will be needed to submit their billing information through our online payment channel at the moment the application is published. The payments must be paid in full up front and cannot be refunded. The appropriate payment gate-way will be saving your credit/debit card information and automatically debiting the fees from the selected bank account, depending on the account you select. Vesavar does not have access to your credit or debit card information at any point during the purchase process or during the billing term, and as a result, it is not responsible for its loss or abuse.
- No discounts will be given to the User; any artworks made available for purchase on the Website will be sold at the indicated price. The cost of the advertised artwork does not include duties, taxes, shipping, or handling, which will be added as necessary and will be determined by the mailing address the user provides and the physical location of the artwork. The final billing address and shipping address for the delivery of the artworks must be the information supplied during registration or updated at the time of finishing a purchase.
- The User acknowledges that any duties and taxes that may be associated with the purchase under clause 5 above are their responsibility, and that they must be paid on top of the artwork’s purchase price.
- Placing an order on vesavar.com entails your unconditional approval of the deal. Such acceptance results in an enforceable contract of sale unless rescinded/ cancelled by Vesavar within 2 working days due to a default by the Seller or any prior or ongoing breach by the User. The User and Vesavar, acting as the Seller’s representative, are the parties to the sales agreement. Vesavar won’t accept any requests from users to rescind orders they’ve placed on the website.
- You acknowledge that you will adhere by all conditions outlined in the order forms you submit to purchase any artwork from the Sites. You specifically guarantee that all information you provide is truthful and accurate, including the expiration date and credit card number, and you agree to pay all fees and taxes associated with the purchases you make. You must use your own credit card when making a purchase with a credit card. Any credit card fraud will not be the responsibility of Vesavar. You will be responsible if you use a card fraudulently, and it will be your responsibility alone to “prove otherwise.”
- The artworks will be provided or transported to the User once all relevant paperwork regarding transportation, tax, etc. has been completed and the money has been realised in full, including any additional fees, as may be properly demanded by Vesavar.
- Unless the User expressly advises otherwise, the expenses of transit insurance will be included in such additional charges.
- If the User decides to pick up the artworks from Vesavar herself, she has two weeks from the time Vesavar receives the payment to do so. If the artwork is not picked up within the allotted two weeks, storage and insurance fees will be charged on the purchase and will be made entirely at Vesavar’s discretion.
- SUMMARY OF THE PRODUCTS
Vesavar and its affiliates make every effort to provide reliable information. Vesavar is granted full discretion by the Sellers to
(i) choose how to present and describe art pieces for viewing and purchase, and
(ii) choose whether to accept or reject orders.
Vesavar, however, makes no guarantees as to the accuracy, fullness, reliability, timeliness, or error-free nature of the product descriptions or other content on this website. Your only option if a Vesavar product isn’t exactly what you ordered is to send it back unopened.
- The Seller provides an authenticity guarantee for every piece of art that is exhibited on the Website. Vesavar will provide a specific authenticity guarantee based on this for each piece of art sold on the website.
- Vesavar will use secure payment channels for all transactions including the purchase of the goods. The appropriate payment gateway will be keeping your credit/debit card information and will automatically deduct the appropriate amount from your chosen bank account depending on the payment option you select. You (the User) acknowledge and agree to follow all rules outlined in these terms and conditions. You specifically promise to provide true and accurate information (including, but not limited to, your credit card number and expiration date), and you agree to pay all fees, charges, and taxes associated with the purchases you make.
- The User represents and declares that all information supplied at the time of registration is genuine, authentic, and correct, and that any changes will be corrected and immediately communicated to Vesavar. Vesavar is free to take action based on the information submitted and to request any additional details, explanations, or confirmations that it may deem necessary for granting registration at any time. Vesavar reserves the right to suspend or terminate a user’s registration and prohibit them from accessing the services of www.vesavar.com if it determines, in its reasonable discretion, that any or all of the aforementioned information is false or inaccurate. However, upon the User providing information that satisfies Vesavar, such registration will be promptly reinstated.
- Any additional costs paid by Vesavar for redelivery shall be sought from the User placing the purchase in the event that non-delivery results from an error by the User (i.e., inaccurate name or address).
- Vesavar disclaims all responsibility for any delay or non-delivery of purchased artwork caused by an act of God or other uncontrollable circumstance. Any event that is beyond the affected party’s reasonable control is referred to as a force majeure event. This includes, but is not limited to, sabotage, the couriers, flood, fire, wars, acts of God, civil unrest, strikes, or any other type of industrial action, riots, insurrection, war, acts of government, breach of security and encryption, etc. or any other cause outside the control of Vesavar.
- Vesavar disclaims all liability for any harm a user may incur as a result of using the website’s services. This includes, without limitation, any loss of data or revenue due to delays, late deliveries, non-deliveries, or service interruptions that may be brought on by the Seller. This exclusion of liability covers any losses or injuries brought on by any breach of contract, tortious behaviour, negligence, interruption, deletion, defect, delay in operation or transmission, computer virus, broken communication line, theft, destruction, or unauthorised access to, alteration of, or use of records. It also covers any other causes of loss or harm.
Vesavar strictly enforces its No-Returns policy.
- All online purchases will be covered at the user’s expense against any transit-related damage. To protect the safety of the product, we will pack it as safely as we can. Vesavar will never be responsible to the User for any breaking or damage to the product that occurs during transit. However, the User has the option to make a claim against the insurance provider, in which case Vesavar will help the User work with the insurance provider to make such claims.
- Vesavar maintains the right to alter, modify, add, or remove any terms and conditions that are currently in effect for the various promotional schemes that it periodically presents in the market. Vesavar reserves the right to remove a specific plan from the website or market.
- The User clearly acknowledges that using Vesavar’s services is done at their own risk. The Vesavar Website’s services are offered “as is” and without any express or implied warranties of any sort. Vesavar, its affiliates, staff, agents, consultants, and contracted businesses disclaim all warranties, express or implied, with regard to the service they are providing, the outcomes that may be obtained from using the service, and the veracity, accuracy, and content of any information, service, or product made available through this service. Although Vesavar’s current practise is to use reasonable steps to safeguard such confidentiality, Vesavar does not represent or warrant maintaining the confidentiality of information.
25 Electronic Communications
You communicate with us electronically when you use our website or send us emails. You give us permission to communicate with you online. Email or announcements posted on our website will be our primary means of communication with you. You acknowledge that we may meet any legal need that such communications be in writing by sending you all agreements, notices, disclosures, and other information electronically.
The text, graphics, logos, button icons, product photographs, works of art, digital downloads, data compilations, and software that are included on this website are all the intellectual property of Vesavar or its content suppliers. This Website’s collection of all content is www.vesavar.com’s sole property. The www.vesavar.com website or its software vendors own all of the software used on this website.
- LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
Vesavar offers this website on a “as is” and “as available” basis. Vesavar disclaims all warranties and representations, whether stated or implied, as to the operation of this website and the information, contents, products, and services featured on this website. You hereby explicitly acknowledge that usage of this website is at your own risk.
- www.vesavar.com disclaims all warranties, express or implicit, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, to the fullest extent permitted by applicable law. Vesavar makes no warranty as to the absence of viruses or other potentially dangerous elements from this website, its servers, or emails received from www.vesavar.com. Vesavar disclaims all responsibility for any damages, including but not limited to direct, indirect, incidental, punitive, and consequential damages, of any type that may result from the use of this website.
You consent to defend, hold harmless, and indemnify Vesavar and its affiliates from and against any and all claims, losses, liabilities, costs, and expenses, including legal fees, resulting from or connected to your use of the website.
The inclusion of the headings and subheadings herein is merely for convenience and identification purposes; they are not meant to describe, interpret, define, or otherwise limit in any way the scope, extent, or intent of the Terms or your right to use the Website in accordance with this document, any other section or page of the Website, or any linked sites.
- INTERPRETATION OF NUMBER AND GENDERS
Both the singular and plural forms of the terminology mentioned herein shall be deemed to be equivalent. Any pronoun must always include both the equivalent masculine and feminine depending on the situation. The phrase “without limitation” shall be interpreted to follow the words “including,” “includes,” and “including.” The terms “herein,” “hereof,” “hereto,” “hereunder,” and words of like significance relate to the Terms collectively, unless the context clearly dictates otherwise.
If any provision of the Terms is found to be invalid or unenforceable in whole or in part, the invalidity or unenforceability shall only apply to that provision or that portion of the provision, and the remainder of that provision and all other provisions of these Terms shall remain in full force and effect.
- REPORT ABUSE: In accordance with these Terms, Vesavar disclaims any responsibility for any materials or content uploaded by users to the website www.vesavar.com. Vesavar also makes no effort to evaluate any contents before they are made available on the website. Additionally, Vesavar does not certify, support, or in any other way attest to any user’s or any other content’s authenticity that has been submitted or uploaded to the website. Users may be held legally responsible for their content and accountable if it contains, for instance, libellous remarks or anything that is copyrighted, trademarked, or otherwise protected. Please report any misuse or violations of these terms to firstname.lastname@example.org if you come across them.
To the exclusion of all other laws, this agreement shall be interpreted in accordance with Indian law. Any legal action resulting from this agreement must be brought in Pune, India, under the exclusive jurisdiction of that court.