Terms & Conditions for sale
By registering and placing an order on www.birlaart.com (the website) you acknowledge that you are bound by the terms and conditions listed below:
1. The artworks made available for sale on the Website may not always be in the physical possession of www.birlaart.com and may be physically located anywhere in the world.
2. All artworks made available for sale on the Website will be sold at the price listed and no discounts will be granted to the buyer. The price of the artwork listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the artwork as well as the shipping address provided by the buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the artworks.
3. The buyer agrees that the buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall be payable in addition to the price of the artwork.
4. All invoices will be raised by www.birlaart.com based on the registration information provided by the buyer or amended at the time of finalizing a purchase, and payments will be accepted only from the buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
5. Placing an order on www.birlaart.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by www.birlaart.com within 2 working days on account of a default by the seller or any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between www.birlaart.com (acting as the agent of the Seller) and the buyer.
6. Once an order is placed on www.birlaart.com the buyer is required to make payment for the price of the artwork as well as the charges referred to above within 7 working days from the date of placing the order. In the event that www.birlaart.com does not receive payment within 7 working days, www.birlaart.com reserves the right to cancel the order without prior notice to the buyer. Alternately, and without prejudice to the foregoing, www.birlaart.com may, at its absolute discretion, hold the artwork for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
7. The artworks will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for by www.birlaart.com are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the buyer chooses to himself collect the artworks from www.birlaart.com he must do so within two weeks of www.birlaart.com receiving the payment. In the event that the artworks are not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of www.birlaart.com.
8. You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
9. www.birlaart.com is authorized by the Sellers to exercise complete discretion in (i) the illustration and descriptions of art works for viewing and sale and (ii) acceptance or rejection of orders received.
10. All artwork displayed on the Website is supported by an authenticity guarantee from the Seller. Based on this, www.birlaart.com will issue a specific authenticity guarantee for every artwork sold on the Website.
11. www.birlaart.com is not obligated to provide any physical preview of the artwork either before or after the sale. www.birlaart.com is in no way liable for the condition of the artwork. Condition reports are provided on request and are based on the information provided by the Seller. In the event that www.birlaart.com is of the view that there is a significant difference in the physical work relative to its appearance as displayed on the website, an email will be sent to the buyer regarding the difference and www.birlaart.com will await the buyer’s decision to proceed with the order.
12. All foreign currency exchange rates for the purchase are made on the basis of the prevalent USD:INR ratio. The prices for individual artworks have been ’rounded off’ for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.
13. The buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to www.birlaart.com immediately. www.birlaart.com is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications, as it may deem necessary for granting registration. Such registration may be suspended or cancelled where BirlaArt.com forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of www.birlaart.com.