Terms & Conditions
Welcome to Samsara Art. These Terms & Conditions of Use ("Terms") apply to
and govern your use of the Samsara Art web site ("Site") and any services that
Samsara Art may provide you through the Site ( " Services " ). In these Terms,
the terms "we" or "us" also refer to Samsara Art.
By visiting our Site or using our Services, you are accepting these Terms and
our Privacy Policy which is part of these Terms. If you do not agree to these
Terms and the Privacy Policy, do not use the Site or request or register for
any Services. We reserve the right to modify or amend these Terms from time to
time without notice. Your continued use of our Site or Services following the
posting of changes to these Terms will mean you accept those changes.
Samsara Art
All the art posted on Samsara Art, other than those clearly marked as
reproductions or prints, are original works of art and have been certified so
by the artist. Samsara Art has made good faith efforts to ensure that each
piece of art which is offered for sale on the Site is a genuine work of the
artist listed. In case it coming to light that a certain work of art is a copy
of another existing work, Samsara Art will not be responsible for any claims in
this regard.
Samsara Art has undertaken utmost care to reproduce the colours and form of the
[art/ paintings] depicted on the website. However, since each painting is
individually painted there may be variations in shade and colour which may not
be capable of being reproduced in its original form. Samsara Art will not be
held responsible for any such reproduction and no complaints in this regard
will be entertained.
Payments & Delivery
Prices are quoted for unframed paintings. Samsara Art can frame the art
purchased by you if you desire at an extra cost which would be quoted
separately on a case-to-case basis. Prices quoted do not include delivery
charges and applicable taxes. Samsara Art is not liable for any charges that
may be levied at the destination whether in India or overseas. Sales are
against 100% payment in advance. The paintings that are unframed and un-mounted
will be shipped in a rolled format and in protective cylinders. For the
paintings that are shipped with glass frames, we cannot provide any guarantee
for the glass, though utmost care is taken while packing. The dispatch 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. You agree to abide by all provisions prescribed in the
order forms submitted by you for the purchase of any artworks from the Site. In
particular, you warrant that all information that you submit will be true and
accurate and you agree to pay all charges plus all applicable taxes for the
purchases made by you.
Returns & Refunds
In the unlikely event that any art or painting which you purchase from Samsara
Art is proven to be unauthentic after sale to you, we will refund the full
purchase price and shipping costs paid by you under the following terms:
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The claims will be handled on a case by case basis.
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Only the actual buyer will be permitted to make the claim and the benefit of
the claim is not assignable to any other person.
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The art or painting has been indisputably purchased from Samsara Art. The buyer
will be required to furnish the original invoice/ receipt of the art or
painting purchased from Samsara Art at the time of making the claim.
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The authenticity of the art or painting sold would be examined and required to
be proven as unauthentic by an [expert in the field nominated by Samsara Art].
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If proven as unauthentic, the art or painting item should be returned in the
same condition that it was in, at the time of purchase.
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This guarantee is valid for a period of one year after the purchase of the
original artwork from Samsara Art.
License to Use the Site and Services; Restrictions
Samsara Art gives you a non-exclusive, non-transferable and limited right to
access and use the Site and Services and the materials thereon for your
personal informational use only, provided that you comply fully with these
Terms. You may not download, copy, modify, create derivative works from,
participate in the transfer or sale of, post on the World Wide Web, or in any
way exploit the Site or Services or any portion thereof for any public or
commercial use without the express our written permission. You may download one
(1) copy of content from the Site and Services for your personal informational
use only, provided that you maintain all copyright, attribution and other
notices contained in such content, including without limitation trademarks and
service marks of Samsara Art and its affiliates or the copyright holder
identified in the individual content's copyright notice. You may not
distribute, transmit, copy, reproduce, publish, license, rewrite, create
derivative works from, transfer, or sell any material contained on this Site or
Services without the express prior consent of the copyright owner. None of the
material contained on the Site or Services may be reverse-engineered,
disassembled, decompiled, transcribed, stored in a retrieval system, translated
into any language or computer language, retransmitted in any form or by any
means, including without limitation, electronic, mechanical, photoreproduction,
recordation or otherwise, without our prior written consent. Any images of
artworks included in the Site or Services are provided for use only in the
context of the Site or Services and subject to all of the limitations set forth
herein. All rights not expressly granted herein are reserved to Samsara Art.
You shall not interfere or attempt to interfere with the operation of the Site
or Services in any way through any means, software, routine or device
including, but not limited to, spamming, hacking, uploading computer viruses or
time bombs, or the means expressly prohibited by any provision of these terms
and conditions of use. You may not use any robot, spider, other automatic
device, or manual process to monitor or copy our Site or Services or any
content contained thereon or for any other purpose without our prior express
written permission.
Ownership
Samsara Art owns, controls, licenses or has the right to use and provide the
Site and Services and all material on the Site and Services, including without
limitation text, images, artwork, articles, photographs, illustrations, audio
and video clips, (collectively the "Content"). The Site and Services are also
protected by copyright as a collective work and/or compilation, pursuant to
applicable copyright laws, international conventions. Samsara Art is the owner
of the copyright in the entire Site and Services. Samsara Art owns the
copyrights in the selection, coordination, arrangement and enhancement of the
Site and Services. You agree to abide by any and all copyright notices,
information or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted
use of the Site, its content or any Services. You are responsible for complying
with all applicable laws, rules and regulations regarding your use of any
content. In the event of any permitted copying, redistribution or publication
of material from the Site and Services, no changes in or deletion of author
attribution, trademark, legend or copyright notice shall be made. You may
obtain more information on the copyrights, trademarks, and service marks of
Samsara Art and its affiliates and content owners by viewing the copyright and
trademark notices posted on the Site.
Changes to the Site or Services
Samsara Art shall have the right for any reason, in its sole discretion, to
terminate, change, suspend or discontinue, temporarily or permanently, any
aspect of the Site or Services, including but not limited to content, features,
or hours of availability, without notice to you. Samsara Art may also impose
limits on certain features and services or restrict your access to parts or all
of the Site or Services with or without notice or liability. You agree that
Samsara Art may terminate your use of this Site and the Services, cancel your
user registration, remove your communications and/or exercise any other remedy
available to it, if Samsara Art reasonably believes that you have violated or
acted inconsistently with the letter or spirit of these Terms, or violated the
rights of Samsara Art or any third party, or for any reason with or without
notice to you. You agree that Samsara Art will not be held liable to you or any
third party as a result thereof.
Links to Other Websites
The Site and some Services contain links and pointers to third party web sites,
resources and sponsors. Links to and from the Site or Services to third party
sites do not constitute an endorsement by Samsara Art or any of its
subsidiaries and affiliates of any third party, its site, resources or
contents. Samsara Art cannot guarantee, represent or warrant that the content
contained in these sites is true, accurate, lawful and/or inoffensive. Samsara
Art has no control over these sites or the content within them. You should
direct any concerns regarding any external link to its site administrator or
webmaster.
Disclaimer of Liability
Samsara Art reserves the right, in its sole discretion, to correct any errors or
omissions in any portion of the Site or Services.
The site and services, including all content, software, functions, materials and
information made available on or accessed through the site, is provided on an
"as is" "as available" basis without representations or warranties of any kind
whatsoever express or implied, including without limitation, non-infringement,
merchantability or fitness for a particular purpose.
Certain content may be considered objectionable by individual users and users
must exercise their discretion in using and allowing minors or others to use
the site.
Neither Samsara Art nor its content providers warrant that the functions,
features or content contained in the site or services will be uninterrupted or
error free, that defects will be corrected, or that any other site or the
server that makes it available is free of viruses or other harmful components.
If your use of this site or services results in the need for servicing or
replacing property, material, equipment or data, Samsara Art is not responsible
for those costs.
Neither Samsara Art nor its content providers make any warranty as to the
accuracy or reliability of the site or services, the content thereof, the
materials, information and functions made accessible by the software used on or
accessed through the site, any products or services or hypertext links to third
parties or for any breach of security associated with the transmission of
sensitive information through the site or services or any linked site. Neither
Samsara Art nor its content providers warrant that the site or services will
meet your requirements or that specific results will arise from use of the site
or services or any other Samsara Art products or services. If you are
dissatisfied with the site or any services, your sole and exclusive remedy is
to discontinue using the site and/or services.
Samsara Art is not liable for any lost data resulting from the operation of our
Site, provision of Services and/or the enforcement of the Terms. We urge all
users to maintain their own back up versions of any Communications or
Contributions they provide for submission to the Site or Services.
Samsara Art disclaims any and all liability for the acts, omissions and conduct
of any users, advertisers and/or sponsors on the Site or Services or otherwise
related to your use of the Site and/or Services. Samsara Art is not responsible
for the products, services, actions or failure to act of any other third party
in connection with or referenced on the Site or Services
Samsara Art AND ITS AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR
THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS
Samsara Art AND ITS AFFILIATES OR CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY
SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING
WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS,
EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES
Indemnity
You agree to indemnify, defend and hold harmless Samsara Art, and all its
officers, directors, owners, agents, employees, content providers, affiliates,
licensors and licensees (collectively, the "Indemnified Parties") from and
against any and all claims, actions, losses, damages, liabilities, and all
fees, costs and expenses of any kind related thereto (including without
limitation, attorneys' fees and settlement amounts) incurred or suffered by the
Indemnified Parties in connection with any claim arising out of, based upon or
resulting from: (i) your use of, or inability to use, the Site or Services;
(ii) any negligence, willful misconduct or any breach of this Agreement,
including without limitation, breach of any warranty, covenant or obligation
hereunder by you.
General Provisions
These terms and conditions of use shall be governed by and construed in
accordance with the laws of India, without regard to conflicts of laws
provisions. The sole and exclusive jurisdiction for any action or proceeding
arising out of or related to these terms and conditions of use shall be Mumbai
you hereby irrevocably consent to the jurisdiction of such courts.
If for any reason a court of competent jurisdiction finds any provision of these
terms and conditions of use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect
the intent of these terms and conditions of use, and the remainder of these
terms and conditions of use shall continue in full force and effect.
These terms and conditions of use constitute the entire agreement between you
and us with respect to the subject matter hereof, and supersede all previous
written or oral agreements between the parties with respect to such subject
matter.