Terms and Conditions

BACKGROUND
1. This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) 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.
2. 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 Terms of Use for access or usage of cimaartindia.com (“Website”).
3. The Website is owned, registered and operated by Cima Gallery Private Ltd(“Company”), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at Sunny Towers, 2nd Floor, 43,Ashutosh Chowdhury Avenue, Kolkata 700019.
4. These terms of usage (“Terms of Use”) govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms of Use.
5. For the purpose of these Terms of Use, wherever the context so requires “You”, “Your” or “Customer” or “User” shall mean any natural or legal person who uses the Website for availing the Products and Services. The term “We”, “Us”, “Our” shall mean the Company, its employees, and authorised agents that perform any services on the Company’s behalf.
6. We reserve the right to make changes to these Terms of Use at any time. Any such modifications will become effective immediately upon posting to the Website and Your continued use of the Website, and/or the Services constitutes Your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the Website.
7. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms & Conditions, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
8. Use of 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 minors, 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 shall not register as a User of the Cimaartindia.com website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Cimaartindia.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Website’s or Company’s notice or if it is discovered that you are under the age of 18 years.
9. Any Customer who uses or accesses the Website represents to be competent to contract or purchase the Products; represents and warrants that they have the authority to bind themselves to the Terms of Use.

SERVICES
1. Our Website is an Online Marketplace through which we market, advertise and sell artefacts like paintings, sculpture, photographs, graphics, prints and oleographs (“Product(s)”) to Customers (as defined below) subject to Your compliance with and acceptance of these Terms of Use.
2. For the purposes of these Terms of Use,“Applicable Law” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, Order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Use or thereafter.“Authority” shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or Orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India.“Customer” shall mean any natural or legal person who uses the Website to purchase the Products that are being sold on the Website.

YOUR ACCOUNT AND PLATFORM USAGE
1. This Website acts as a seller for products listed on the website. A Customer may purchase Products on the Website without mandatorily registering on the Website, by providing the relevant details as necessitated. However, in order to gain access to our exclusive Product listings, the Customers must register themselves on the Website (“Registered Customer(s)”). Such Registered Customer’s details may be verified by the Website by a detailed process which may even include a detailed telephonic conversation between the Website and the Registered Customer. Every Registered Customer shall allocate themselves a unique identification user name and password (“User ID” and “Password”).
2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the “Your Account” area of the website. You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes.
3. You (whether or not a Registered Customer) agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form. If You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to indefinitely suspend, terminate or block/ refuse to provide You with access to the Website.
4. We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Your Conduct

1. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not the website, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
  - for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  - to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
  - to cause annoyance, inconvenience or needless anxiety.

REPRESENTATION AND WARRANTIES

1. Representations, warranties and Obligations of the Website: We hereby represent and warrant that (a) We are a duly registered private company as under the relevant provisions of the Companies Act 2013; (b) We are in compliance with the Applicable Law to provide Services, subject to these Terms of Use; (c) We will comply with the Privacy Policy and ensure data security of the Users at all times.
2. Representations, warranties and obligations of the Customer: The Customer hereby represents and warrants that (a) You are a natural or legal person, competent to contract, and have read, understood and agreed to be bound by these Terms of Use; (b) They shall provide accurate information and details at the time of registration; (c) They shall not default in making payments for Products bought through the Website; (d) They agree and acknowledge the fact that there shall be minor differences between the Product image and the Product in physical form; (e) They shall not demand for refund/ replacement of the Product for such minor variations; and (f) They agree and acknowledge that once the order has been placed on the Website for a Product, they shall not be allowed to cancel or modify the order.
INTELLECTUAL PROPERTY RIGHTS

Copyright

1. The copyrights, design rights (whether or not registered), moral rights, performance rights, database rights, new media rights, names, logos, publicity rights, and any and all other intellectual property and proprietary rights of any nature whatsoever that subsist, or may subsist, or be capable of registration, in each case in relation to the creative work of the artists, painters, sculptors and photographers who exhibit their work on the Website (“Artist”), for all the Products listed under the name of the Artist rests with the Artist. The Artist hereby grants the Company a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, display, the creative works of the Artist for the purpose of sale of the Product and promotion of the Website/ Company.
2. All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company, its affiliates or its content suppliers and is protected by India and international copyright, authors’ rights and database right laws. The compilation of all content on this website is the exclusive property of Company and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of the Company, its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
3. You may not systematically extract/ or re-utilise parts of the contents of the website without the Website/Company and / or its affiliate’s (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without the Website/Company and / or its affiliate’s (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without the Website/Company and / or its affiliate’s (as may be applicable) express written consent.
4. The content made available on or via the Website, is provided to You ‘AS IS’ for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights, not expressly granted in and to the Website.

Trademarks

1. Cimaartindia.com is the domain of the Company. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any Product or Service that is not affiliated with the Company.
2. Any information You submit to Us, is at Your own risk. By providing information to Us, You represent and warrant that You are entitled to submit it and that it is not confidential and it is not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).

LICENCE FOR WEBSITE ACCESS

1. We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
  - Reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose, except as expressly provided;
  - Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet ‘search engines,” hit counters or similar technology);
  - Use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
  - engage in any activity that interferes with the website or another user’s ability to use the website;
  - Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
  - Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
2. Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein without any intimation or any further notice.

LINKS
1. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
2. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
3. On accessing the Linked Sites, You shall be governed by the terms of use, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, products, services or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.

PAYMENT TERMS

1. All payments are to be made online through the designated PayU payment gateway.
2. There are no hidden charges. You pay only the amount that you see in your order summary at the time of check out.
3. If you see any charges on your credit/debit card for purchases made on Cimaartindia.com, but you have never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf. If you’re still unable to recognize the charge, please report the unauthorized purchase within 14 days of the transaction so that we can look into it. Please email us at contact@cimaartindia.com
4. In case of a payment failure, please retry ensuring that information passed on to payment gateway is accurate i.e. account details, billing address, password (for net banking), etc. Kindly also check if your Internet connection has been disrupted in the process.
5. If your account has been debited after a payment failure, it is normally rolled back to your account within 7 business days. You can email us on contact@cimaartindia.com with your order number for any clarification on the same.

COD (Cash on Delivery)

1. Currently we do not take orders for COD, you need to pay the full price through our secured payment gateways while making any purchase.

SHIPPING POLICY AND DELIVERY POLICY

1. We can ship to virtually anywhere in India. Note some artworks cannot be shipped to all destinations as there are inaccessible regions, so only regions which are accessible are to be mentioned in the shipping address. Normally we would ship in 7-10 working days.
2. We have tied up with reliable courier partners to ensure the product reaches you in time and in pristine condition.
3. Before you proceed to the payment gateway, your phone number, email and shipping address, and pin code will be verified by the Website database. In case the order placed by you is not serviceable by our merchant partners or is outside the area covered by our delivery partners, you would be requested to provide an alternate shipping address that is within the delivery area. In the event of any dispute related to the delivery of artworks and services to the areas not covered by the delivery partners, Cimaartindia.com will not be liable for the non-delivery of the goods ordered online.
4. In case multiple orders of goods and services are placed in one single transaction, Cimaartindia.com will make all possible attempts to deliver them all in a single package. However, this might not be possible always due to some particular characteristics or issues of a product. If you are placing multiple product orders in a single transaction, all the artworks will be delivered to only one shipping address provided by you. For getting the goods delivered to separate shipping addresses, you will be required to place different and separate orders with specific delivery addresses.

Delivery Charges?

1. Cimaartindia.com provides free of cost delivery of artworks to your doorstep.

Delivery Time

1. Deliveries are made through reputed couriers like FedEx, Gati and Safexpress either by air or road within 7 to 10 working days of receiving the payment.
2. We are committed to dispatch and deliver your order as early as possible.

CANCELLATION POLICY

1. Items once purchased and paid for at the time of checking out are considered final and can not be cancelled.

RETURN POLICY

1. Artwork once purchased can not be returned. Items purchased and paid for at the time of checking out are considered final.

REFUND POLICY

1. No refund would be made on any Artwork once it has been sold. Items purchased and paid for at the time of checking out are considered final.

SECURITY AND PRIVACY

Security

1. Cimaartindia.com makes every possible effort to ensure full security, privacy and integrity of your sensitive personal information and to safeguard it from all kinds of unauthorized access, alteration, obliteration or disclosure. To make this possible, Cimaartindia.com takes the help of internal data collection reviews, storage as well as data processing practices and Avant-grade security measures such as data encryption and physical security measures for preventing any person from unauthorized access of information at Website data room.
2. Cimaartindia.com doesn’t hold itself responsible for any kind of security breach or illicit actions of third party who obtain your personal information. Cimaartindia.com is linked to a number of other websites and is/shall not be responsible for their practices and privacy policies, which are not in our control.

Privacy

1. This Privacy Policy explains in detail about how website collects the personal and non-personal customer information, classifies the same as voluntary or mandatory, uses, discloses and protects it on the website. While using some services at website, you will be required to provide some personal information to us. For instance, when creating a user ID, you need to provide address or phone number, or while making a payment, you need to furnish the financial details, or simply participate in www.cimaartindia.com survey or reach our customer support desk.

1. All the personal information provided by you is used only:
  - For facilitating your website access.
  - For responding to your queries or fulfilling your requests regarding the information on our artworks and services.
  - For providing you the information about the artworks and services available and send news and offer updates from www.cimaartindia.com.
  - For sending any important information related to our website, such as any changes made to the Website terms and conditions or policies or any other kind of information.
  - For sending any marketing communications and market surveys that might be of your interest according to www.cimaartindia.com.
  - For personalizing your online shopping experience at www.cimaartindia.com by providing offers tailored to your interests.
  - To help you in getting all the problems with the website addressed, including the most technical ones.
  - For completing the purchase from the website by processing the payment, communicating with you concerning the purchase and providing the best after sale services.
  - For administering the website in a proper and professional manner.
  - For conducting internal reviews as well as data analysis for our website.
  - For improving the content, advertising and the overall service provided on the online portal.
  - For protecting the integrity of www.cimaartindia.com.
  - For responding to any kind of judicial process and furnishing the required information to the law enforcement officials or for helping out in any investigations related to matters of public safety.

Information Sharing

1. You will be required to provide your personal information when making any kind of purchase from our online shopping portal. Website transfers and shares your information only with the third party payment gateway operators. The operators might also have complete access to your Cimaartindia.com shopping history and other related details. The extremely sensitive information like debit/credit card details or passwords are handled with care through secure technologies and encrypted links, thereby providing a supreme level of care and protection to your information. Since the internet technology is nowhere near 100% safe, you are advised to be vigilant while shopping online.

LIMITATION AND DISCLAIMER OF WARRANTY

1. The Website, the Services and each portion thereof are provided “AS IS” without warranties of any kind either express or implied. To the fullest extent possible pursuant to Applicable Law, We disclaim all warranties, express or implied, with respect to the Website, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights.
2. We shall not be liable for any direct, indirect, incidental or consequential damages, whatsoever incurred by the User due to use of the Website’s Services or due to the non- availability of the Website Services.
3. If You are dissatisfied or harmed by this Website or anything related with the Website, Your sole remedy shall be to terminate these Terms of Use by unsubscribing on the Website.
4. We shall be entitled to disclose to the Authority, as required by Applicable Law or by any directive or request from any government body, the particulars of the User engaged with the Website.
5. We shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment is incorporated into these terms and conditions, and such amended terms and conditions are on the Website.

INDEMNITY AND RELEASE

1. You shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
2. In the event that you have a dispute with one or more users, you hereby undertake to release the Company (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

1. All the personal information provided by you is used only:

For facilitating your website access.
For responding to your queries or fulfilling your requests regarding the information on our artworks and services.
For providing you the information about the artworks and services available
For updating you with news and exciting offer updates from www.cimaartindia.com.
For sending any important information related to our website, such as any changes made to the www.cimaartindia.com terms and conditions or policies or any other kind of information.
For sending any marketing communications and market surveys that might be of your interest according to www.cimaartindia.com.
For personalizing your online shopping experience at www.cimaartindia.com by providing tailored trends related to your interests.
To resolve your queries & problems related with the website addressed, including the most technical ones.
For completing the purchase from the website by processing the payment, communicating with you concerning the purchase and providing the best after sale services.
For administering the website in a proper and professional manner.
For conducting internal reviews as well as data analysis for our website.
For gaining your feedback on improving the content, advertising and the overall service provided on the online portal.
For protecting the integrity of www.cimaartindia.com.
For responding to any kind of judicial process and furnishing the required information to the law enforcement officials or for helping out in any investigations related to matters of public safety.

TERMINATION

1. We may terminate these Terms of Use with respect to You, immediately without notice in the event of any breach by You of these Terms of Use or any of our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You.
2. You agree that upon the termination of these Terms of Use, We may delete all information related to You with respect to the Services availed by You. Further, You will no longer be able to log into the Website.

SEVERABILITY

If any part of the Terms of Use are determined to be invalid or unenforceable pursuant to Applicable Laws, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use for Services shall continue in effect.

GENERAL

Unless otherwise specified herein, these Terms of Use for Services and the Privacy Policy (provided on the Website) constitutes the entire agreement between You and the Website, in respect of the Services and supersedes all previous written and oral agreements between You and the Website, if any. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

GOVERNING LAWS AND DISPUTE RESOLUTION

Terms of Use shall be governed by and constructed in accordance with the Applicable Law without reference to conflict of laws principles. The courts in Kolkata, shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Use.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Reginald Baptiste
Phone Number: +91 9830322968
E-mail Address: cima.gallery2011@gmail.com
Postal Address: Sunny Towers
43 Ashutosh Chowdhury Avenue
Kolkata 700 019 India