Terms & Conditions

INTRODUCTION

  • The following Terms and Conditions of Use apply to your use of this website https://www.sriniachowdhury.com/ (“Website”) provided by Srinia Chowdhury, that allows me to sell and the customers to buy [insert description of the products] (hereinafter referred to as the “Products”).   

  • This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  • These Terms and Conditions of Use together with the Privacy Policy [insert the web link] and all other additional terms and conditions and policies posted on the Website (collectively referred to as “Terms and Conditions”) constitute a legally binding agreement between the user of the Website and me, being the owner of the Website. Please read the Terms and Conditions carefully before proceeding, as by completing the registration process and/or by using the Website, you signify your agreement with these Terms and Conditions. If you do not agree with any of these Terms and Conditions, then please do not access the Website and/or complete the registration process on the Website. In case of any discrepancy between these Terms and Conditions of Use and any other content on the Website, these Terms and Conditions of Use shall prevail. By confirming your acceptance to these Terms and Conditions, you hereby (a) represent and warrant that you are entitled to enter into this agreement and that no other person is accepting these Terms and Conditions on your behalf; and (b) accept the provisions of these Terms and Conditions and your responsibilities and obligations in all aspects related to your use of the Website, for buying the Products. If you confirm these Terms and Conditions as an employee, agent, contractor or other representative any entity, you hereby represent and warrant that you have the right and authority to validly bind such entity.

  • As part of the Website, I may provide certain tools or guidance for the benefit of its users and to facilitate and support the selection, configuration, sale and purchase of the Products through the Website. Any information or guidance which may be provided by to the users is solely for information purposes and the users, at their own discretion, may decide to follow such guidance.  

  • I retain the right at any time to deny or suspend access to any or all sections of/services provided through the Website to any user, who I believe, has violated any of the provisions of these Terms and Conditions.

USE OF THE WEBSITE

  • Subject to the provisions of the Terms and Conditions of Use, by conveying your acceptance to the Terms and Conditions, you are hereby granted a non-exclusive, non-transferable, limited and revocable right to access the Website for the purposes of buying the Products.

  • While some of the content and pages of the Website are free to view, but to purchase the Products, you will need to create an account on the Marketplace. To create an account on the Website, you will be asked to complete the registration form and fill in certain details such as name, address, mobile number, e-mail id, etc. You expressly acknowledge that I will rely on the information as would be provided by you and thus you hereby warrant that any and all information provided by you in the course of creating the account is true and accurate. You will immediately inform of any changes to registration information including changes in the expiration date of any credit card or charge card used in connection with purchase of any Products using the Website and changes in home or billing address.

  • Transaction on the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or a legal guardian.

  • I reserve the right, at my absolute discretion and without assigning any reason, to refuse any user from creating an account on the Website or to suspend or cancel an account. I also reserve the right to suspend or cancel at any time and without notice the account of any user who is found to be in breach of these Terms and Conditions or if any user who in my reasonable opinion is guilty of conduct which is detrimental to my reputation.  

  • You hereby confirm and acknowledge that you shall be solely responsible for maintaining the confidentiality of your user name and password and restricting any unauthorized access and use of this Website using your user name and password. You will be responsible for all access to and use of this Website through your user name and password, including purchase of any Products which results in monetary charges being imposed onto you, whether or not you have the knowledge of or authorize such access and use. You will notify me immediately of any unauthorized disclosure or use of user name and password, or if you suspect the privacy of your user name and password has been breached and/or jeopardized. Until I am is notified of a breach in security, you will remain liable for any unauthorized disclosure or use of your user name and password. You are cautioned, at your sole liability, to exercise particular care while using public networks/WIFI connection or accessing your account from public computers.

  • You shall not (i) select or use as a user name, a name of another person with the intent to impersonate that person; (ii) use as a user name, a name that is otherwise offensive, vulgar or obscene. I reserve the right to refuse registration of or cancel a user name in its sole discretion. You will be solely responsible for any and all activity that takes place in or through your account.

  • I also reserves the right, either myself or through third parties, to offer alerts, newsletters, e-mails and other promotional offers to you based on the preferences that you identify during the registration process and at any time thereafter from your online account and/or based on your history of purchase of Products from the Website.

  • In the course of operating the Website, I will be required to monitor your usage of the Website for legitimate purposes, such as (a) providing, maintaining and developing the Website; (b) preventing, detecting and repairing problems related to security and/or the operation of the Website; (c) creating reports, for e.g. number of Products sold, revenue by each Product category, etc.; and (e) improving the user experience for accessing the Website.

PAYMENT FACILITY ON THE WEBSITE

  • While availing any of the payment method(s) available on the Website, I will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
     

    • Lack of authorization for any transaction(s);

    • Exceeding the pre-set limit mutually agreed by you with your bank(s);

    • Any payment issues arising out of the transaction; or

    • Decline of transaction for any other reason(s).

  • All payments made against the purchases on the Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.

  • Before shipping/delivering your order to you, I may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

YOUR REPRESENTATIONS; WARRANTIES AND INDEMNITY

You acknowledge, represent and warrant as follows:

  • You will be solely responsible for your use of this Website including content, material and information posted and published on the Website and you will use this Website legally and only for the purposes that it is intended to be used for.

  • You will fully comply with these Terms and Conditions.

  • You will be fully responsible for your use of this Website, including all financial charges and legal liability that you may incur.

  • You acknowledge that the internet or my systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication, connectivity problems or other facts beyond my control. You acknowledge that I will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

  • You will indemnify me, against any claim or demand, including reasonable legal fees, incurred by any of them due to or arising out of any content that you submit, post, transmit or make available through this Website; or any other website that chooses to link to or display the content; your use on or of this Website; any unlawful, unauthorized or prohibited use of this Website; and/or your violation of these Terms and Conditions.

PRODUCT PRICE/ PRODUCT CHANGES

Prices for every artwork/ products are subject to change without notice. Change of pricing is determined on various factors depending on raw materials, making, firing, packaging etc.

 

I own full right to make changes to the pricing of products as deemed fit as an  artist/designer maker. I reserve the right at any time to modify or discontinue any product without notice at any time.

 

I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Product.

 

BILLING

 

The price of my merchandise as mentioned the Website is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. I also charge delivery Charges which may include postal charges/shipment charges etc. 

ORDER CANCELATION

Due to unavoidable circumstances, there may be times when certain orders having been validly placed may not be processed or capable of being dispatched by me. This often happens when there is a double booking of a product while at the checkout, since all my products are 1 pc in number this situation may arise. In that case, I reserve the exclusive right to refuse or cancel any order with of course a refund that will reach you back to the source of payment within 5- 7 working days. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department, or any defect regarding the quality of the product. I will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days.

 

SHIPPING AND PROCESSING FEE

Our shipping and processing charges are intended to compensate me for the cost of processing your order, handling and packing the products you purchase and delivering them to you.

 

RETURN/ REPLACEMENT/CANCELLATION POLICY


All my sculptural and functional artworks are handmade and hand-drawn and hand carved by me; thus, there is bound to be some irregularities that only add to their beauty. Make sure to check out the dimensions carefully (provided in centimetres) to avoid surprises.

 

Once purchased, I will not be able to cancel the order due to the logistics involved. So may I please request you to make sure that you are fully happy with your order before placing it. If you have any questions, you can always connect with me over an email.

 

Due to fragile nature of ceramics, as a policy I will not be able to entertain any return or exchange unless a wrong product has been sent over (which has never happened so far, but just in case).

 

In case of any damage in transit, all you need to do is to notify me with an email/WhatsApp within 24 hours of order delivery with proper images of the box with 6 sides exterior and interior packaging, upon approval of the inspection; I will replace your order or return you the full amount of the product only excluding the shipping charges.

 

Please Note It is only the product price which I will be able to refund and when you had a free shipping, the shipping cost will be taken away from the product price.

 

The amount will be refunded to the same source from which the payment was made within 5-7 business days. Make sure you connect with me with any grievances regarding breakages in transit within 24 hours of receipt of your package. Any request after that will not be entertained.

 

I hope you love my work. All artworks are made in New Delhi, in my studio and will ship from my studio. All sales are final. If you have an issue with your order please contact me - teamsrinia@gmail.com

 

While photos are taken in good lighting setup but due to the nature of my items being handmade and the clay and glaze being natural materials, the photos that are shown to display my products may have minor differences when you receive the product. Please be aware that I will not be able to issue any refunds or exchange due to the item not looking exactly same as the image during the time of purchase. Please understand this is the beauty of handmade, each piece is completely unique.

USE OF COMMUNICATION FORUM ON THE WEBSITE

 

Certain sections and services of this Website may provide you a platform to generally express yourself and certain communication facilities may allow interactivity between users of the Website, including without limitation by way of blogs, posting boards and other message or communication facilities. By way of example, and not as a limitation, you hereby agree not to:

 

  • use the platforms provided by this Website for any purpose other than as expressly permitted including but not limited to using the information to sell or promote any products or services.

  • post on this Website any content, whether or not containing links, for any of my competitor.

  • collect, post or submit on this Website any incomplete, fictitious, false or inaccurate biographical information.

  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or has received all necessary consents thereto.

  • upload, post, publish, distribute, transmit, link or otherwise make available or disseminate, whether or not through links, through this Website any content that is unlawful, harmful, defamatory, infringing, obscene, racist, pornographic, threatening, indecent, unlawful or otherwise objectionable material or information.

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users of the Website.

  • upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional content, transmit junk mail, spam, hacker programs, chain letters, or other unsolicited bulk e-mail or duplicative messages or overload or ‘flood’ this Website’s systems and infrastructure. 

  • upload files that contain viruses, trojan horses, worms, cancelbots, corrupted files or any other similar harmful software or programs or malicious codes.

  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Website.

  • aggregate, copy or duplicate in any manner any content or information available from this Website.

  • attempt to gain unauthorized access to this Website or its services, other users’ accounts or computer systems, through password mining or otherwise or engage in any systematic extraction of data or data fields, including without limitation e-mail addresses. The collection of e-mail addresses from the profile pages or from the database of any user for any use without my written permission and/or user’s permission is considered as theft and legal action will be taken against offenders.

  • upload, share or otherwise distribute any text, graphics, images, videos or data which is unlawful, threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy or impersonate another person.

  • upload, share or otherwise distribute any text, graphics, images, videos or data which victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

 

 

  • All right, title and interest, including all intellectual property rights, in and to the Website as well as all right, title and interest, including all intellectual property rights, in and to any variations, modifications and derivative works of the Website are and remain exclusively with me. You have no rights in and to the Website, other than those expressly granted pursuant to these Terms and Conditions.

  • You will not in whole or in part (i) use the Website in any manner other than explicitly permitted in these Terms and Conditions, including for any third party use including license, sublicense, sell, resell, lease, transfer, assign, distribute, display, broadcast, disclose, or otherwise commercially exploit or make it, or any portion thereof, available to any third party in any manner; (ii) modify, tamper with, repair or make derivative works based upon the Website; (iii) copy, reproduce, publish, reverse engineer, attempt to derive the source code of, modify, disassemble, decompile or create derivative works of the Website (except to the extent that applicable laws prohibits reverse engineering restrictions, and then only as permitted by such laws); (iv) copy any ideas, features, functions or graphics of the Website; (v) extract and/or re-utilize parts of the contents of the Website; and/or (vi) use any trade mark, service mark, trade name or logo owned by me. Use of the Website other than specifically permitted in these Terms and Conditions, is expressly prohibited.

DISCLAIMER OF WARRANTIES

 

  • I have taken precautions to keep the Website safe, secure, and functioning properly, but it cannot guarantee the continuous or uninterrupted operation or availability of or access to the Website.

  • You agree that you are making use of the Website at your own risk and that the Website, all content, services, additional tools, features, guidance and information provided, is being provided to you on an “as is” and “as available” basis. Accordingly, to the extent permitted by applicable law, I exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, non-infringement and/or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. You hereby expressly release me from any cost, damage, liability or other consequence of any of the actions or inactions of the users of the Website and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

  • Unless otherwise specified, the Products on the Website are presented solely for the purpose of sale in India. I make no representation that Products being sold through the Website are appropriate or available for use in countries other than India. Those who choose to access the Website from countries other than India do so on their own initiative and I am not responsible for supply of Products and/or refund for the Products ordered from countries other than India and/or compliance with local laws, if and to the extent local laws are applicable.

LIMITATION OF LIABILITY

 

 

  • To the extent permitted by applicable law, I am not liable, and you agree not to hold me responsible, for any damages or losses (including, but not limited to, business interruption, loss of production, loss of use or loss or corruption of data; loss of profits, anticipated savings, revenue, sales, business, goodwill or reputation; costs of substitute goods, materials or services; or any special, indirect, consequential, incidental, punitive or exemplary loss or damages) arising (directly or indirectly) from or in connection with (a) the content you provide using the Website; (b) your use of or your inability to use the Website; (c) pricing, shipping, format, or other guidance provided by Website; (d) delays or disruptions in the Website or from its unavailability; (e) malicious software obtained by accessing or linking to the Website; (f) glitches, bugs, errors, or inaccuracies of any kind in the Website; (g) a suspension, termination or other action taken with respect to your breach of these Terms and Conditions.

  • If I am found to be liable, regardless of Section 13.1 above, my liability to you or to any third party is limited to the amount of INR 1,000/-. This shall be the sole and exclusive remedy available to you.

  • The limitations and exclusions of liability also apply to the benefit of our affiliates, as well as our and their subcontractors, directors, officers, employees, agents and representatives.
     

  • The disclaimers, exclusions and limitations shall apply to you only to the fullest extent permitted by applicable law.

PRIVACY

 

Your registration data and other information collected through the use of this Website is subject to the Privacy Policy. You acknowledge that through your use of this Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, as necessary and permitted under the applicable laws. For more information, see our full privacy policy at Privacy Policy [insert hyperlink].

 

TERMINATION OF REGISTRATION

 

These Terms and Conditions of Use will remain in full force and effect while you are a user of this Website. Your registration on this Website may be terminated at any time at my sole option and discretion or if you are found to be in breach of these Terms and Conditions or if, in my reasonable opinion, you are guilty of conduct which is detrimental to my reputation.

 

GENERAL

 

  • Governing Law and Dispute Resolution: The Terms and Conditions shall be governed by and construed in accordance with the laws of India. Any and all disputes arising from the Terms and Conditions will be subject to the jurisdictional courts of Delhi.

  • Entire Agreement; Severability: These Terms and Conditions and any other terms or documents referred to herein represent your entire agreement with me with respect to your use of this Website. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable laws, then the invalid or unenforceable provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. In that event, the invalid or unenforceable provision shall also be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

  • No Waiver: Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other or same right on any later occasion.

  • No Assignment: These Terms and Conditions shall be personal to every user and you shall not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without my prior written consent.
     

  • Up-dations/Modifications: You agree to be bound by these Terms and Conditions, which may be updated or modified from time to time without any notice to you. Any changes or modifications become part of these Terms and Conditions and shall apply immediately. By continuing to use this Website after such modifications or changes to the Terms and Conditions, you shall be deemed to give your acceptance of such modifications or changes. You may be required to re-accept a substantially revised Terms and Conditions to continue access to or use of the services provided through the Website.

  • A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form

Any rights not expressly granted herein are reserved.