Terms & Conditions

This document is an electronic record in terms of Information Technology Act, 2000 and rules framed there under, as applicable.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and User Agreement for access or usage of www.theartisttalks.com.

The Website is owned and managed by The Artist Talks (T.A.T.) under the laws of the (hereinafter referred to as “The Artist Talks”( T.A.T.) having its registered office at SA-6/46 Aktha, Paharia, Sarnath , Varanasi Uttar Pradesh 221007. These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the users of the Site.

Definition:

“Buyer” shall mean a person who is registered as a user to access the Website and buys an Object from the Website.

“Description” means all the details of an Object as set out in the Website and may include, without limitation, the name of the artist, designer or manufacturer, the title of the Object. For artworks the signature of the artist/ date of the Object (if any), the surface, medium and dimensions, year, provenance and any additional information related to the Object.

“Object” means the artwork, offered by us for sale either individually or collectively (as a single unit) through the Website.

“Website” shall mean the online platform www.theartisttalks.com as provided by Archer for sale of Art Works and promotion of art, from time to time.

“Authenticity Certificate” means a valid authenticity certificate issued by Archer, containing a detailed description and a picture of the concerned Art Work and a seal of authenticity

General terms:

1. The price of an Object listed includes local taxes but does not include shipping and handling, which will be charged as applicable and would depend on the shipping address provided by the Buyer. The address 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 Object.

2. All invoices will be raised by The Artist Talks based on the registration information provided by the Buyer or amended at the time of finalizing a purchase.

3. Placing an order on the The Artist Talks Website constitutes an irrevocable acceptance of the purchase. Such acceptance results in an enforceable contract of sale. The contract of sale is between The Artist Talks and the Buyer.

4. The Artist Talks shall have the right to cancel any order placed on its Website, at any time prior to the delivery of the Object, by assigning a reason in writing to the Buyer.

5. “The Artist Talks”shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Object. In the event of such an error, “The Artist Talks” reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.

6. The Object will be shipped to the Buyer once payment has been realized in full including shipping charges (if any). In the event that the Buyer chooses to himself collect the Object from The Artist Talks he must do so within two weeks of “The Artist Talks “receiving the payment. In the event that the Object is not collected within a period of two weeks, The Artist Talks shall at its discretion either (a) arrange for storage of the Object at the Buyer’s expense, and shall only release the Object after payment has been made in full for storage, insurance and any other overdue payments from the Buyer, or (b) dispose off the Object in any manner it sees fit and refund the payment received from the Buyer less costs related to storage, insurance and disposition.

7. 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).

8. By providing your email address to “The Artist Talks” you consent to be notified from time to time of important announcements from The Artist Talks.

9. All Artworks displayed on the Website are supported by an Authenticity Certificate from “The Artist Talks”.

10. If “The Artist Talks” is of the view that there is a significant difference in the physical condition of the Object relative to its appearance as displayed on the Website, an email will be sent to the Buyer regarding the differences and “The Artist Talks” will await the Buyer’s decision to proceed with the order.

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 The Artist Talks at the time of purchase.

12. The Artist Talks reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges, if any, associated with the use of the Website. You are responsible for regularly reviewing these terms and conditions.

13. You shall use the Website in good faith and for the essential purposes for which the Website is intended. Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Websites.

14. As a condition of your use of the Website, you warrant to The Artist Talks that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

15. Any data you provide to The Artist Talks is governed by the terms of our “Privacy Policy”

16. These Terms and Conditions of Use are governed by the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Varanasi, India.

17. All contents of the Websites are copyright protected in favour of The Artist Talks. All trademarks, names, etc. used on the Websites are either trademarks or registered trademarks of Archer. Any rights not expressly granted herein are reserved.