Terms and Conditions

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Acceptance of Terms

The domain name www.kasazaartanddesign.com (hereinafter referred to as “Website”) is owned by Kasaza Art & Design Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at E 819, Ground Floor, Chittaranjan Park, New Delhi - 110019, India (hereinafter referred to as “Kasaza”).

Kasaza provides a service for selling original works of art, original & limited-edition art prints, digital art prints, sculptures, wall installations (referred to as the “Services”) through the Website, accessible at www.kasazaartanddesign.com.

These Terms of Use (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Website; and any related mobile or software applications including but not limited to delivery of information via the Website whether existing now or in the future that link to the Terms (collectively, the “Services”).

For the purpose of these Terms of Use, wherever the context so requires “You” or “Buyer” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Kasaza allows the User to surf the Website for making purchases without registering on the Website. The term “We”, “Us”, “Our” shall mean Kasaza Art & Design Private Limited.

All trademarks, service marks, logos, trade names and any other proprietary designations of Kasaza used herein are trademarks or registered trademarks of Kasaza.

Please carefully read these Terms. By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with Kasaza Art & Design Private Limited. 

You may not use the Services if you do not accept the Terms or unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate. Best efforts have been made to create and maintain content that is conducive with all, despite this tremendous effort there may be occasions where certain content may not be compatible with your tastes, choices, beliefs and thoughts. 

In order to use the Services, you must first agree to the Terms. You can accept the Terms by

• Clicking to accept or agree to the Terms, where it is made available to you by Kasaza in the user interface for any particular Service; or
• Using the Services, i.e. in this case, you understand and agree that Kasaza will treat your use of the Services as acceptance of the Terms from that point onwards.

Registering as a User

In order to make a purchase through the Website, you must first either create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process, you will become a “Member”. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. 

Kasaza reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Kasaza of any unauthorized use of your Account.

OR you can connect with us via email or messaging and proceed with your final purchase.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Terms and Conditions

1) The price of the artwork(s)/print(s) listed include duties, taxes, shipping and handling, which is charged as applicable and would depend on the physical location of the artwork as well as the shipping address provided by the Buyer.

2) The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the artwork(s)/print(s). Any changes whatsoever after that needs to be brought to immediate attention of Kasaza. 

3) The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 1 above and such charges are included in the price of the artwork;

4) Placing an order on www.kasazaartanddesign.com constitutes an irrevocable acceptance of the purchase. Unless withdrawn/cancelled by Kasaza on account of unavailability of the artwork OR default OR any prior/continuing breach by the Buyer, such acceptance results in an enforceable contract of sale;

5) Kasaza reserves the right to cancel the order without prior notice to the Buyer;

6) The artworks will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by Kasaza are completed;

7) In the event that the Buyer chooses to collect the artworks from Kasaza, this must be done within two weeks of Kasaza receiving the payment. In the event that the artworks are not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Kasaza;

8) You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and You agree to pay all costs, charges plus all applicable taxes (Inclusive in the final price listed) for the purchases made by You;

9) All artwork displayed on the Website is supported by an authenticity guarantee from the artist represented. Based on this, Kasaza will issue a specific authenticity guarantee for every artwork sold on the Website;

10) Kasaza is not obligated to provide any physical preview of the artwork either before or after the sale. Kasaza is in no way liable for the condition of the artwork, though utmost care is taken to handle, pack and deliver the artwork in pristine condition for 100% customer satisfaction;

11) 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 Kasaza immediately. Kasaza is 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 cancelled where Kasaza forms a reasonable view that any of the above information may be inaccurate;

12) Please refer to the Disclaimer and the terms of our Privacy Policy, which together with these terms and conditions govern your use of the website;

13) Kasaza is not liable for any charges that may be levied at the destination whether in India or overseas;

14) All sales are against 100% payment in advance;

15) The canvas paintings that are unframed & un-mounted will be shipped in a rolled format and in protective cylinders. For small paintings which are on paper and mounted we will put an acrylic sheet instead of glass. Utmost care will be taken while packing but we cannot provide any guarantee against unfortunate damage in transit and shipping. On any such event of receipt of damaged artwork, the same shall be brought to the notice of Kasaza immediately;

16) If the product is damaged when it reaches you (please note that Kasaza does not insure frames if the painting is in the framed form), do follow the instructions onwards. 

Steps to follow, If You have received a damaged product: 

• exceptions should be noted immediately on the Airway Bill copy to be retained by the courier shipping company and by yourself, and take pictures. 
• Please also make appropriate remarks on the delivery sheet of the concerned courier company personnel making the delivery, take pictures and send the same and inform Kasaza immediately by sending us email at kasaza.art.design@gmail.com.
• within seven (7) calendar days of receiving the artwork, please take photos of damaged artwork and packaging and email these photos to kasaza.art.design@gmail.com
• Save original packaging
• On receiving the email, an Kasaza representative will contact you within 2 days to discuss next steps
• Please make sure you repackage the artwork using the original packaging. If you have not retained the original packing material, please purchase some and repack the artwork. You can connect with us for support and guidance. 
• In case you need further assistance, please call +91-9810619058 between the hours of 9:00 AM – 6:00 PM IST Monday through Saturday or email us at kasaza.art.design@gmail.com
• Once the piece reaches us safely, Kasaza will process your return and the amount owed will be refunded to your original source of payment (minus shipping costs and international customs fees, if any) within 10-15 business days of your merchandise return OR you may choose to buy any other artwork of your choice and liking

17) The dispatch of your purchased artwork/print will be done within 15 days of confirmed receipt of the full value of the shipment. Orders where payment is by cheque / demand draft will be shipped only after clearance of the same;

18) We take great care to reproduce the colors of the original paintings as depicted on the Website, but there may be variations in shade and color. No complaints in this regard would be entertained;

19) All works are original works of art other than the ones that have been clearly marked as reproductions, or prints. Every original work of art has been certified so by the artist and are also certified by Kasaza in good faith. However, in case it coming to light that a certain work of art is a copy of another existing work, Kasaza disclaims any liability for the same;

20) Once your order has been placed you can view your order status under the Orders tab in your Account. Your credit card will not be charged until we confirm availability of the artwork(s) ordered. Your order should be processed and ready for ship-out within 48-72 hours. In order to cancel / modify your order before, please call us at +919810619058 within 24 hours of placing your order. Kindly note you cannot cancel/modify your order after 24 hours after the order has been placed;

21) For Manual Orders: Please note that you should make payments ONLY to details mentioned on checkout page or on the email sent by Kasaza from kasaza.art.design@gmail.com. Kindly read the terms and conditions. Once an order is placed and confirmed by us; the Buyer is required to make payment for the price of the artwork and other additional charges (shipping / handling / taxes) within 7 working days from the date of confirmation of the order. In the event that Kasaza does not receive payment within 7 working days, Kasaza reserves the right to cancel the order without prior notice to the Buyer;

22) Shipping

• Within India - If you reside within India, you can expect to receive the artwork within seven (7) to      ten (10) business days from the day of order. 
• International Shipping - We ship worldwide -If You reside outside India, you can expect to receive the artwork within fifteen (15) to twenty (20) business days from the day of order, depending on the destination and time to clear customs. International shipping costs will be on actuals. The costs will be confirmed based on the shipping address and shipment size.

23) Packaging

• Canvas Paintings - We ship worldwide - Most artworks/prints on the site are on canvas or linen. The artworks will be rolled, bubble wrapped and placed inside a protective tube to ensure the artwork doesn’t get damaged during shipping.
• Mixed Media/ Framed Artworks / prints / circular artworks or paintings on wooden or canvas boards or framed works will be bubble wrapped and placed in a sturdy wooden box to ensure the artwork reaches you safely. We assure you that utmost care will be taken while packing the artwork.

24) Disputes, if any, would be subject to Delhi jurisdiction only.

Copyright rules

All artworks/images/prints/photographs listed and present on the Website are under the sole copyright of the artist mentioned & under the complete discretion of Kasaza. No image, part of an image of any artwork/ images/ prints/ photographs should be copied, distorted, adapted or used or misused for commercial or non-commercial purposes. 

Any adaptation or use of any image has to first receive written consent from the artist & authorization and confirmation from Kasaza. Secondly, attribution is a must for any form of use & adaptation, whether for commercial or non-commercial purposes.

Code of conduct

Your use of Website shall be strictly governed by the following binding principles: 

• You shall not display, host, show, upload, modify, publish, transmit, update or share any information or any action, any form of communication, behavior or interaction which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
• Any action, any form of communication, behavior or interaction which is misleading, inappropriate, inaccurate and wrong, unethical and immoral in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person;
• Any action, any form of communication, behavior or interaction which infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
• Any action, any form of communication, behavior or interaction which promotes an illegal or unauthorized copy of another person’s copyrighted work;
• Any action, any form of communication, behavior or interaction which infringes any patent, trademark, copyright or other proprietary rights;
• Any action, any form of communication, behavior or interaction or attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;