STANDARD TERMS AND CONDITIONS OF SALE
Effective Date: September-1st 2024
These Terms and Conditions ("Terms") govern your use of The Pintura website (www.thepintura.com) and any associated services provided by The Pintura ("we," "us," "our"). By accessing or using our website and services, you ("you," "your") agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the website and services.
1. Acceptance of Terms
1.1 Your use of The Pintura website and services is subject to these Terms. You agree not to use the website or services for any purpose that is unlawful or prohibited by these Terms. By using the website and services, you fully accept the terms, conditions, and disclaimers contained in this notice.
1.2 We reserve the right to modify these Terms at any time. Your continued use of the website and services following any changes will constitute your acceptance of the revised Terms. It is your responsibility to review the Terms regularly for any updates.
2. The Services
The Pintura is an e-commerce platform connecting artists and buyers. Our website facilitates the sale and purchase of original artworks. The services provided are for your personal and non-commercial use unless expressly agreed otherwise in a separate agreement.
3. Child Supervision
We prioritize the safety and privacy of our users, especially children. Parents or guardians who allow their children to access our services should supervise their usage. By allowing your child to use the website, you are granting them access to all available services, and it is your responsibility to determine what is appropriate for them.
4. Privacy Policy
4.1 We are committed to responsible data management and comply with applicable data protection laws in India. We ensure the privacy and security of any personal information you provide. Information you submit is not available for sale or use by third parties and is used solely for purposes related to the website and services.
4.2 We may use cookies to track patterns of behavior on the website. Cookies are small data files sent to your browser and stored on your system. You can adjust your browser settings to prevent cookies, but doing so may limit your access to certain features of the website.
5. User Account, Password, and Security
If you are required to create an account, you must complete the registration process by providing accurate information and creating a username and password. You are responsible for maintaining the confidentiality of your account credentials and all activities that occur under your account. Notify us immediately of any unauthorized use of your account. We are not liable for any losses arising from unauthorized account use.
6. Acceptable Use
6.1 You acknowledge that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. We do not control or endorse the content and cannot guarantee its accuracy, integrity, or quality.
6.2 You agree not to use the website and services for any of the following:
6.2.1 Sending unsolicited messages, spam, or chain letters;
6.2.2 Posting or distributing defamatory, obscene, or unlawful material;
6.2.3 Inciting discrimination, hate, or violence against any individual or group;
6.2.4 Violating others' privacy or legal rights;
6.2.5 Infringing on intellectual property rights;
6.2.6 Distributing viruses or harmful data;
6.2.7 Collecting or storing personal information of others without consent;
6.2.8 Misleading others by impersonating another person or entity;
6.2.9 Violating any applicable laws or regulations.
6.3 We are not obligated to monitor the website but reserve the right to review and remove any content that violates these Terms.
7. Termination
We reserve the right to terminate your access to the website and services at any time without notice if you breach these Terms. We may also discontinue the website or services at our discretion without notice. We shall not be liable for any termination of access or discontinuation of services.
8. Links to Third-Party Websites
The website may contain links to third-party websites. These links are provided for your convenience and do not signify our endorsement of such websites. We are not responsible for the content or availability of linked sites.
9. International Use
You agree to comply with all applicable laws regarding the export of technical data and with local laws regarding acceptable use of the internet in your jurisdiction.
10. Intellectual Property Rights
10.1 The Pintura and its content, including website design, text, graphics, and software, are protected by intellectual property laws. You may access content solely for personal use, and none of it may be reproduced or distributed without our prior written consent.
10.2 You retain ownership of any content you post, upload, or submit to the website. However, by doing so, you grant us a worldwide, royalty-free, non-exclusive license to use, distribute, and display such content until you remove it from the website.
11. Indemnity
You agree to indemnify and hold The Pintura harmless from any claims, losses, liabilities, or expenses arising from your breach of these Terms or any use of the website and services.
12. Disclaimers and Limitation of Liability
12.1 Use of the website and services is at your own risk. The website and services are provided "AS IS" and "AS AVAILABLE," without any warranties of any kind.
12.2 To the extent permitted by law, we are not liable for any indirect or consequential loss or damage arising from your use of the website or services.
12.3 We do not guarantee that the website or services will meet your requirements or that they will be error-free, secure, or uninterrupted.
12.4 Nothing in these Terms shall limit our liability for death or personal injury resulting from our negligence.
12.5 These Terms do not affect your statutory rights as a consumer.
13. Public Offer of The Pintura
If you place an order through The Pintura, the following terms apply:
13.1 Payment: We accept payments through secure, PCI DSS-compliant methods. We accept payments in INR, and the services are available to customers over 18 years of age.
13.2 Delivery: Artworks are delivered as specified by the seller. Delivery times and methods vary depending on the location and agreement with the artist.
13.3 Returns and Refunds: Returns are subject to the specific terms agreed upon with the artist. Refunds are provided as per the seller’s policy or under circumstances where the artwork is not as described.
14. Severance
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
15. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts of Jaipur, India.