Terms and Condition

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The Terms of Sale mentioned below apply to all offers made by Gift art Destination, all registration done herein, all orders placed by you and all agreements conducted between us, in relation to the products and services offered in this website

             In these terms and conditions:

              (a)  "we", “us”, “our” means Gift Art Destination; and

              (b)  "you", “your” means our customer or prospective customer,

A user may accept these Terms and condition only if such user is of legal age in your state or province of residence.

Please read these terms and condition carefully before accessing or using our website. If you do not agree with the terms and condition of website then you may not access the website or use any services.

1.Order Process

1.1)  We reserve the right to refuse service to anyone for any reason at any time. 

1.2)  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section.

1.3 )  To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

1.4) Shipping charges might we wrongly written in website. We will return if any extra amount you have paid for shipping due to wrongly mentioned charges..

2. Products

 

2.1)  The following types of products are or may be available on our website from time to time: Canvas Painting, Clay and Mirror Art Work, Knife Painting, Mix Media Art, Fridge Magnets, Key Chains and Customized Artwork.

2.2 )  We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

2.3 ) Though we have tried our best that color of artworks should be same as in photo. But there might be variations. This Variation may be because of surrounding lights. You cannot blame us for not sending same artwork.

2.4) In case of bulk order no two products could be exactly same as it is handmade, difference may be there. This condition is not applied to Art prints which are used in Fridge magnets and Painting Posters. Where all orders will be  same.

2.5) We might use photos of artwork which you have purchased from Gift Art Destination for the promotion of the website in social media or to change display photos of the website. If you don't want us to use please mail us with the photo of artwork.

3. Copyright & intellectual property rights

3.1)  All website content is the property of Gift Art Destination and is protected by International copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.

3.2)  You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Artwork for any commercial purposes. You agree not to download or print a copy of any Artwork for personal or commercial use. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use of copying of any content or enforce limitations on use of the website or content herein.

 4. Prices

4.1) Our prices are quoted on our website. We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

4.2) It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force. In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

5. Payments

5.1) You must, during the checkout process, pay the prices of the products you order. Payments may be made by any of the permitted methods specified on our website from time to time.

5.2) If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

5.3 ) If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

            (a)  an amount equal to the amount of the charge-back;

           (b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

           (c)  all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section (including without limitation legal fees and debt collection fees),

 5.4) and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 5.

6.  Deliveries

6.1)  Our policies and procedures relating to the delivery of products are set out in this Section 6 .

6.2)  We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

6.3)  It is responsibility of a customer to provide correct information like email address, phone number and postal address when placing order. If any change in address is requested after an order is dispatched/shipped. Customer has to provide additional charges if product is misplaced and charges of delivery as well.

6.4 ) We will use reasonable endeavors to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 15 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

6.5) We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation. Otherwise money would be refunded back.

6.7) In case of customized/personalized orders date of delivery will be given according to number of orders in hand. Handmade product needs time and our Endeavour is to provide you with best quality product. So please be patient

6.8) We deliver products to addresses on the Indian mainland. If you have made the payment and we are not able to deliver, full money would be refunded back to your account.

6.9) Cash On Delivery not available.

6.10) There might be delay in shipping due to Covid restrictions.

6.11) For international shipping please contact directly.

 

7. Cancellation right

7.1) This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

 7.2) You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website  at any time within the period  (except for customized/ personalized order  and discounted items.)

             (a) beginning upon the submission of your offer; and

             (b) ending at the end of 7 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 7 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

7.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using sending us the mail within the stipulated period. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

7.4) If you cancel a contract on the basis described in this Section 7, you must send the products back to us (to contact us address) or hand them over to us or a person authorized by us to receive them.

7.5) If you cancel an order in accordance with this Section 7, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

              (a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

               (b) as otherwise provided in this Section 7.

7.6) If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

 7.7)We will refund money using the same method used to make the payment.

7.8) Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 7 within the period of 7 to 10 working days after the day on which we receive the returned products. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 7 to 10 working days after the day on which we are informed of the withdrawal or cancellation.

7.9) You will not have any right to cancel a contract as described in this Section 7 insofar as the contract relates to customized/ personalized order and discounted item.

7.10) In the unlikely event that you receive damaged products, please contact us within 48 hrs. Please visit Cancellation and return policy also.

7.11) In case your area pin code is not covered by our logistic partner. Then for return we wont be able to arrange for pickup of the product. You are requested to personally send us the product. You also have to bear the delivery charges of return parcel. Same procedure for refund. 

8. Warranties and representations

 8.1) You warrant and represent to us that:

             (a)  you are legally capable of entering into binding contracts;

             (b)  you have full authority, power and capacity to agree to these terms and conditions;

             (c)   all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

             (d)  you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

 8.2) We warrant to you that:

             (a)  we have the right to sell the products that you buy;

             (b)  the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

             (c)   you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

             (d)   the products you buy will correspond to any description published on our website; and

             (e)   the products you buy will be of satisfactory quality.

8.3) All of our warranties and representations relating to the supply of products are set out in these terms and conditions. As permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.

 8.4)  We don’t warrant there won’t be inaccuracies or typographical errors in the website.

 8.5)  We recognize that our users may have various Internet Browsers and Operating Systems. We like our visitors to have the best possible experience on the web when using our Site. However, we do recognize that it is impossible to develop a Website that work identically, efficiently and effectively on all web browsers. We do not warrant browser compatibility.

9. Limitations and exclusions of liability

9.1) Nothing in these terms and conditions will:

             (a)  limit or exclude any liability for death or personal injury resulting from negligence;

             (b)  limit or exclude any liability for fraud or fraudulent misrepresentation;

             (c)   limit any liabilities in any way that is not permitted under applicable law; or

             (d)   exclude any liabilities that may not be excluded under applicable law,

             and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

9.2) The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:

             (a)  are subject to Section 9.1; and

           (b)  govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

9.3) We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

9.4) We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

9.5) We  provide our services on an “AS IS” and “AS AVAILABLE” basis. You therefore use Gift Art Destination service at your own risk. Other than expressly provided in writing by us in connection with your purchase of our product, to the extent permitted by law, We expressly disclaims any and all warranties of any kind.

9.6) We  disclaim all liability for product defect that are due to product wear and tear, misuse, abuse, product modification.

9.7)  You accept that we have an interest in limiting the personal liability of us including our employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against us or our employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of us and our employees).

9.8)  Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:

             (a) Rs 150; and

             (b)the total amount paid and payable to us under the contract.

10. Order cancellation

10.1)       We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

             (a)  you fail to pay, on time and in full, any amount due to us under that contract; or

             (b) you commit any material breach of that contract.

10.2)       You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach 10.3)       We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

11. Consequences of order cancellation

11.1)       If a contract under these terms and conditions is cancelled in accordance with Section 10:

             (a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

         (b)  you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

          (c) all the other provisions of these terms and conditions will cease to have effect, except that Sections  5.3, 9, 14, 15, 16, 17, 18 and 19 will survive termination and continue in effect indefinitely.

12. Scope

12.1) These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

13. Variation

13.1)  We may revise these terms and conditions from time to time by publishing a new version on our website.

13.2) A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision. You requested to check Terms and condition every time.

14. Assignment

14.1) You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

14.2) You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. No waivers

15.1) No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

15.2) No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

16. Severability

16.1) If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2) If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1)  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2) The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17.3)  Our website is not liable for any issue resulting from a user clicking on  a third-party link or purchasing a third party product.

18. Entire agreement

18.1)  Subject to Section 9.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

19. Law and jurisdiction

19.1) These terms and conditions shall be governed by and construed in accordance with the Indian Laws

19.2) Any disputes relating to these terms and conditions shall be subject to the  jurisdiction of District Court Gautam Budh nagar.

20. Statutory and regulatory disclosures

20.1)  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.  Copyright Notice

21.1) The website is All rights reserved and no portion of the website may be copied, reproduced, transmitted, derived or otherwise used for any purpose other than Buying and ordering products.

22.  Our details

22.1) This website is owned and operated by Gift Art Destination.

                You can contact us:

              (a)  by post, to the postal address given in Contact Us;

              (b)  using our website contact form;

              (c)  by telephone  or  WhatsApp, on the contact number published on our website; or

              (d)  by email, using the email address published on our website.

Last update-     27/ Nov/2021