Terms of service

OVERVIEW

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) presides over your interaction with our website, “www.artuzzii.com” (the “Website”), and your engagement with the exquisite works of art offered by Artuzzii (“Business Name”) for purchase on this platform. This Agreement encapsulates and integrates the policies and guidelines referenced herein. Artuzzii reserves the exclusive right to modify or revise the terms and conditions of this Agreement at any given time, with changes promptly posted on this Website. The amended Agreement will come into effect immediately upon its posting on this Website. Your continued use of the Website following the posting of any such amendments or of a revised Agreement will be deemed as your acceptance of any such modifications. Artuzzii encourages you to peruse this Agreement each time you visit the Website to ensure you comprehend the terms and conditions directing the use of the Website. This Agreement does not modify in any manner the terms or conditions of any other written agreement you may have with Artuzzii for other products or services. If you find yourself in disagreement with this Agreement (including any referenced policies or guidelines), we kindly request you to cease your use of the Website immediately.

 

SECTION 1 – GENERAL TERMS OF ENGAGEMENT

By consenting to these Terms of Service, you affirm that you have attained the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have granted us your approval to permit any of your minor dependents to interact with this site.

Our products must not be utilized for any unlawful or unauthorized purpose. Furthermore, in the course of using the Service, you must not infringe any laws within your jurisdiction (including but not limited to copyright laws).

You are strictly prohibited from transmitting any worms, viruses, or any code of a destructive nature. Any breach or violation of any of the Terms will lead to an immediate cessation of your Services.

We hold the exclusive right to decline service to anyone, at any time, for any reason. You acknowledge that your content which is saved as cookies (excluding credit card information), may be transferred in an unencrypted manner and involve (a) transmissions across various networks; and (b) modifications to comply and adapt to the technical prerequisites of connecting networks or devices. Rest assured; credit card information is always encrypted during transfer across networks.

You consent not to replicate, duplicate, copy, sell, resell, or exploit any segment of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written authorization.

 

SECTION 2 - WEBSITE

Content; Intellectual Property; Third-Party Links: Besides making Artworks accessible, this Website also provides information and marketing materials. This Website offers information, both directly and via indirect links to third-party websites, about artworks. Artuzzii does not always generate the information presented on this Website; instead, the information is frequently sourced from other origins. To the extent that Artuzzii does create the content on this Website, such content is safeguarded by intellectual property laws of India, foreign nations, and international bodies. Unauthorized utilization of the material may infringe copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely for your convenience. Artuzzii does not endorse the contents on any such third-party websites. Artuzzii is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website: Artuzzii is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will: (1) comply with all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property) ; (2) not interfere with or disrupt the use and enjoyment of the Website by other users; (3) not resell material on the Website; (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication; (4) not defame, harass, abuse, or disrupt other users of the Website.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You are not allowed to copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Artuzzii or the applicable third party (if third party content is at issue).

Artuzzii does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Artuzzii is not liable for any damage or harm resulting from any posts by or interactions between users. Artuzzii reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Artuzzii deems objectionable.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The content provided on this site is intended for general information only and should not be solely relied upon for making decisions without consulting primary, more precise, more comprehensive, or more current sources of information. Any dependence on the material on this site is at your own discretion. This site may encompass certain historical data. Such historical information, by its nature, is not up-to-date and is furnished for your reference only. We retain the right to alter the contents of this site at any given moment, but we are under no obligation to update any information on our site. You concur that it is your responsibility to keep track of modifications to our site.

 

SECTION 4 - ADJUSTMENTS TO THE SERVICE AND PRICING

Please note that the prices for our products are subject to change without prior notification. We retain the exclusive right to alter or cease the Service (or any component or content thereof) without prior notice at any given moment. We shall bear no liability to you or any third-party for any alteration, price fluctuation, suspension, or discontinuation of the Service.

 

SECTION 5 - ARTWORKS AND SERVICES

• For Paintings: The details pertaining to paintings such as size, description, etc., presented on this website have been furnished by the artists themselves. We have endeavored to depict the artworks in various settings through mockups, keeping in mind the sizes and proportions as specified by the artist, to provide the buyer with a realistic impression of how the art would appear in situ.
• For Prints: We have strived to provide precise details for the prints, including descriptions, history, print specifications, etc. Certain products or services are exclusively available online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display the colors and images of our products that appear at the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - DISCLAIMER OF WARRANTIES

• We do not assure, represent, or warrant that your utilization of our service will be uninterrupted, timely, secure, or error-free.
• We do not warrant that the outcomes that may be obtained from the use of the service will be accurate or reliable.
• You acknowledge that we may intermittently remove the service for indefinite periods or cancel the service at any time, without prior notice to you.
• You expressly agree that your use of, or inability to use, the service is solely at your risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, durability, title, and non-infringement.
• In no case shall Artuzzii, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 7 - VERIFICATION OF BILLING AND ACCOUNT DETAILS

We retain the right to decline any order you place with us. We may, at our sole discretion, restrict or cancel quantities procured per individual, per household, or per order. These limitations may encompass orders placed by or under the same customer account, the same credit card, and/or orders that utilize the same billing and/or shipping address. In the event of a change to or cancellation of an order, we may endeavor to inform you by reaching out to the e‑mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You consent to provide current, comprehensive, and accurate purchase and account information for all acquisitions made at our store. You agree to promptly update your account and other details, including your email address and credit card numbers and expiration dates, to enable us to finalize your transactions and reach out to you as required.

For additional details, kindly review our Returns Policy.

 

SECTION 8 - LIMITATION OF LIABILITY

Artuzzii's entire liability, and your exclusive remedy, whether in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this Agreement, is solely limited to the amount you paid, less shipping and handling, for Products purchased via the Website.

Artuzzii will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from (1) the use or the inability to use the Website content or Products; (2) the cost of procuring substitute Products or content; (3) any Products purchased or obtained or transactions entered into through the Website; or (4) any lost profits you allege. Please note, some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

 

SECTION 9 - ERRORS, INACCURACIES, AND OMISSIONS

There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may pertain to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to rectify any errors, inaccuracies, or omissions, and to alter or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We do not undertake any obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as mandated by law. No specified update or refresh date applied in the Service or on any related website should be interpreted to indicate that all information in the Service or on any related website has been revised or updated.

 

SECTION 10 - INDEMNIFICATION

You will absolve, indemnify, defend, and hold harmless Artuzzii, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of:

1. this Agreement or the breach of your warranties, representations, and obligations under this Agreement
2. the Website content or your use of the Website content
3. the Products or your use of the Products (including Trial Products)
4. any intellectual property or other proprietary right of any person or entity
5. your violation of any provision of this Agreement
6. any information or data you supplied to Artuzzii. When Artuzzii is threatened with a lawsuit or sued by a third party, Artuzzii may seek written assurances from you concerning your promise to indemnify Artuzzii; your failure to provide such assurances may be considered by Artuzzii to be a material breach of this Agreement.

Artuzzii will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Artuzzii's choice at its expense. Artuzzii will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Artuzzii against any claim, but you must receive Artuzzii's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

 

SECTION 11 - SEVERABILITY

Should any provision of these Terms of Service be deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be considered to be severed from these Terms of Service. Such determination shall not impact the validity and enforceability of any other remaining provisions.

 

SECTION 12 – TERMINATION

These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer desire to use our Services, or when you discontinue using our site. Artuzzii retains the right to revoke your access to the Website if it reasonably concludes, in its sole discretion, that you have violated any of the terms and conditions of this Agreement. Upon termination, you will be prohibited from using the Website and Artuzzii may, in its sole discretion and without prior notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Artuzzii reserves the right to employ whatever measures it deems necessary to prevent unauthorized access to the Website. This Agreement will persist indefinitely unless and until Artuzzii decides, in its sole discretion and without prior notice to you, to terminate it.

 

SECTION 13 - PRIVACY

Artuzzii places great emphasis on safeguarding user privacy and providing you with information about Artuzzii’s use of data. Please refer to Artuzzii’s privacy policy, which is incorporated by reference herein and posted on the Website.

 

SECTION 14 - COMPLETE AGREEMENT

The inability of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or in respect to The Service, constitute the complete agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party who drafted them.

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

 

SECTION 15 - APPLICABLE LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be interpreted and governed in accordance with the laws of India.

 

SECTION 16 - MODIFICATIONS TO TERMS OF SERVICE

The most current version of the Terms of Service can be reviewed at any time on this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 17 - GENERAL TERMS

Force Majeure: Artuzzii will not be held accountable or considered in default under this Agreement for any cessation, interruption, or delay in the performance of its obligations due to unforeseen circumstances such as earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation: Artuzzii reserves the right, at its sole discretion and without prior notice to you, to cease operation of the Website and distribution of the Products.

Entire Agreement: This Agreement constitutes the complete agreement between you and Artuzzii, superseding any prior agreements related to the subject matter contained herein.

Effect of Waiver: The failure of Artuzzii to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction: This Website originates from the Ahmedabad, Gujarat. This Agreement will be governed by the laws of the State of Gujarat without regard to its conflict of law principles to the contrary. Neither you nor Artuzzii will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Gujarat. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

 

SECTION 18 - ENQUIRIES

For any questions regarding the Terms of Service, please reach out to us at: support@artuzzii.com