TERMS AND CONDITIONS
These terms and conditions of sale shall govern the Buyer's Transactions relating to the Work(s) of Art/Craft from the www.fotocons.com, and all other URLs forming part thereof (hereinafter referred to as "the Sites").
Fotocons is not in the physical possession of any Work(s) of Art/Craft and its role is confined to that of a platform for the display and sale of the Work(s) of Art/Craft from the Program Participant to the Buyer.
The Sites host one of the largest collections of Work(s) of Art/Craft online and is a platform for the purchase and exhibition of and not limiting to paintings, digital art, mixed media and sculptures. The Buyer on seeing a specimen of the Work(s) of Art/Craft on the Site is interested in the purchase thereof through the Internet.
These terms and conditions shall apply on the sale of the Work(s) of Art/Craft of the Program Participant to the buyer through the Sites.
The Buyer must read, agree with and accept all of the terms and conditions contained in this document.
Acceptance of Terms
Before you use the Services, we require that you read and accept these Terms of Service. If you visit, shop or otherwise participate in the Services on the Site, you accept these Terms of Service. If you choose not to accept these Terms of Service, you may not access or otherwise use the Site or Services. If you have any questions regarding these Terms of Service, please contact our Customer Service department at [email protected] In addition, when using particular fotocons.com owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the Terms of Service.
"Buyer" means the individual above twelve years of age or legal entity whose order for the Work(s) of Art/Craft is accepted by Fotocons; or any individual who seeks to buy; or any individual who directly or indirectly has communicated with Fotocons
"Conditions" means the standard terms and conditions of sale set out on Fotocons.com and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and Fotocons.
3. PROGRAM PARTICIPANT-Contributors/Artist/artisans/Manufacturer/Gallerist
"Program Participant" means an entity, individual, gallery or an organization interested in the effectuation of sale of the Work(s) of Art/Craft by Fotocons through the Channels and the definition includes but is not restricted to the following:
(i) An individual who uploads his own Work(s) of Art/Craft that is a result of his creation, innovation, and talent, whether the individual is an Art/Craft professional or not.
(ii) Any student enrolled in a University, College, Institution or School imparting training, education, and knowledge in Art/Craft and related fields or any other field or discipline;
(iii) Any gallery/Emporium which promotes the Work(s) of Art/Craft of varied Artist/Artisans.
(iv) Any individual, organization or entity who is in the lawful possession of Work(s) of Art/Craft desires to sell the same through the Channels of Fotocons, provided that the said individual, organization and entity has the legal capacity and authority to sell the Work(s) of Art.
(v) Any other individual(s)/group/institutions/organization who is authorized and competent to sell/resell Art/Craft in a saleable manner on Fotocons.com
"Transactions" refer to online offers, acceptances of sale made and/or entered into by the "Buyer", for professional or non-professional purposes, in his name and for his account or in the name or for the account of another individual or entity.
"Writing" includes email, telex, cable, facsimile transmission and any other comparable means of communication, and "written" shall be construed accordingly;
6. WORK(S) OF ART/CRAFT
"Work(s) of Art/Craft" means the Work(s) of Art/Craft (including any instalment of the Work(s) of Art/Craft or any parts for them) which Program Participant is to supply in accordance with these Conditions.
Individual registration: 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 member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor, if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. Fotocons reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Fotocons's notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you.
Registration, Listing and Selling
You must be a Registered User with Fotocons.com in order to list, sell and buy Art and Craft.
In order to participate in the Services, you must register with Fotocons.com by filling out our registration form and providing certain information to us. You agree that the information on your registration form is complete and accurate, and that you will update it in order to keep it current. Fotocons.com reserves the right to disapprove, suspend or terminate your registration for any reason, at its sole discretion, and to prohibit you from participating in the Services. Further, the rights granted to you as a Registered User may not be transferred or sold to another party.
Fotocons.com believes Artist/Artisans when they upload their works that they have agreed to the terms to sell and for prints. All Images (referred as "Artworks") provided by the Artist/Artisan confirms and establishes the fact that they are the owners and original creators of the artwork(s) as provided to Fotocons.com. Fotocons.com does not hold any liability in case of any discrepancy that is/has been found as a result of misue of image or copyright produced by the original owner. Fotocons.com is a mere facilitator to the Artist/Artisan.
Fotocons believes that all their users are fair and will provide relevant and accurate information regarding their personal information as well as any other information related to artwork. In case of any discrepancies in the details provided by them regarding artwork, personal, educational or professional background, Fotocons.com will not be liable, you are requested to verify before purchase or delivery.
Fotocons also holds the right to use the artwork as it deems fit and proper in any form for either marketing and/or sales in any documents/materials/third party website/platform.
Login ID, Password and Security
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 unauthorized 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 unauthorized 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.
Fotocons.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Fotocons does not allow users to delete their account on the site directly by themselves. However, if any user wants to delete their account they can get in touch with Fotocons.com at [email protected] or via the contact form available on the site. Your request to delete the account will be considered and appropriate action will be taken. However, it is the sole discretion of the authorized personnel(s) at Fotocons to delete/ change the status of your account.
E-PLATFORM FOR COMMUNICATION
Fotocons is a Crowd-sourced platform thus does not pre-screen users or the content or information provided by user(s). Fotocons.com is not a party to any transaction relating to the Art/Craft. The artworks made available for sale on the Website are not in the physical possession of Fotocons.com and/or could be physically located anywhere in the world in the Artist/Artisan's studios or with the authorized seller. You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Amazon is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on aFotocons.com.
When you visit Fotocons.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
License FOR WEBSITE ACCESS
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:
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.
Indemnity and Release
You shall indemnify and hold harmless Fotocons, 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.
In the event that you have a dispute with one or more users, you hereby undertake to release Fotocons.com (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 .
You understand that all information, data, text, photographs, graphics, video, messages, and or other materials ('User Content'), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. You are responsible for all the User Content that you upload, post, broadcast, display, email, transmit, or otherwise make available via the Service. Fotocons.com cannot control the information provided by users which is made available through the Services. Users may find other users' information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. Fotocons.com has no control over the quality or legality of the Art/Craft listed the truth or accuracy of the listings or any other information provided by a user about the Art/Craft. Please intimate us in case you find any content objectionable or illegal and we will do our best to verify and take suitable action. You understand that you, and not Fotocons.com, is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
In order to list your Art/Craft for sale on the Site, you agree to complete and submit to us all applicable information along with images of your Art/Craft provided such images are in an acceptable format. You will also be required to agree to our sale & print policy for adding any Art/Craft based content on our site.
Basic Listing Obligation
By listing Art/Craft on the Fotocons.com, the seller has the option to either sell or use the content as just display content through Fotocons.com. In either case the seller must agree to our sale and print policy (need to be referenced)
Fotocons does not claim ownership rights in your Content. But Fotocons has the right to use your Art/Craftworks for the purpose of creating marketing campaigns, which help you in an indirect or direct manner like exhibition posters etc. You grant Fotocons a license solely to enable Fotoconslo to use any information or Content you supply Fotocons with so that Fotocons is not violating any rights you might have in that Content. You grant Fotocons a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Fotocons to store or re-format your Content on Fotocons and display your Content on Fotocons in any way as Fotocons chooses.
Buyers have two options for shipment -
1.Domestic (ships to the buyer within 7 to 10 business days)
2. International (10 to 15 business days)
Liability for errors
We are not liable for errors committed by you during the course of personalizing a product. These errors, though not limited to, may be a result of the following: misspelling, bleeds, grammar, punctuation, or image resolution.
Buyer's Transactional Information
As part of an e-commerce transaction, you may obtain personal information, including email address and shipping information of the buyer, from Fotocons. Without obtaining prior permission from the Fotocons, this personal information shall only be used for that authorized transaction or for Fotocons -related communications. Fotocons has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Fotocons user to your email or physical mail list.
Fees and Services:
Our seller fees and commissions are 20% of every work sold and a 12.5 % Value Added Tax on this 20 % commission, or on each work sold by an Artist/Artisan. We allow the participant to fix the price of its' content itself so that participants could get the true value of his Art/Craftwork. For print work that is executed by Fotocons, we have a special royalty sharing policy. you can see detail here.
Fotocons.com may change its fees, payments, and commissions from time to time. Fotocons fee policy is subject to change, is incorporated into this Agreement by reference. We always encourage visiting our policy once in a while to stay updated with the changes.
Remittance of Proceeds
Fotocons.com shall remit the Purchase Fees to seller, after first deducting Fotocons.com posted fees and commissions, within thirty (30) days after the (i) full confirmation of the Art/Craftwork obtained by the buyer or (ii) the date when Fotocons.com verifies receipt of the Purchase Fees from buyer. All payments will be made by direct deposits/transfer, credit card or debit card.
You must be a Registered User in order to purchase the Art/Craft. Buyers are obligated to complete the sale transaction upon completion of the check-out process. Placing an order on Fotocons.com constitutes an irrevocable acceptance of the purchase once the shipment has been made by the seller or if the Art/Craftwork is in transit. Unless rescinded/canceled by Fotocons on account of a default by the Artist/Artisan or any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Fotocons (acting as the agent of the Artist/Artisan) and the buyer.
All art/craft work posted for sale by Artists on the Website is supported by an authenticity guarantee from the Artist themselves. Fotocons does not issue any authenticity guarantee.
The Art/Craft shall be and remain the risk of the seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.
The Art/Craftworks will be delivered/shipped to the Buyer directly by the Artist through a courier service selected either by the seller or by Fotocons. Fotocons is in no way liable for the condition of the Art/Craftwork at any point in transit/delivery process. Should there be any damage to the Art/Craftwork in transit the Buyer should not accept the parcel and should notify Fotocons immediately. Art/Craftworks received in an unsatisfactory condition by the buyer may be returned to the Artist within 5 working days in an 'as is' condition of order receipt in the original packaging along with a copy of your invoice or order acknowledgement. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Fotocons on returned items, and Fotocons will pay the shipping charges on replacement product(s). Returns can be for replacement, refund or credit at Fotoconso's discretion. If your return merchandise is accepted, we will post a credit to your account within 5 - 10 business days from the time that we receive the product(s). Each return is credited in the same manner as payment. For example, if you paid for your order with a credit card, the credit will be applied to that card.
However, the unsatisfactory condition will only be covered for damaged or spoilt condition, and NOT because the buyer did not like the Art/Craftwork that they have purchased.
While great care is taken to reproduce the colours and form of paintings as depicted on the website, it is understood that since each painting is individually painted there may be variations in shade and colour. No complaints in this regard would be entertained. Fotocons is not obligated to provide any physical preview of the Art/Craftwork either before or after the sale.
If a buyer elects to return a piece of Art/Craft (only if met by our Refund policy norms), the buyer must write to Fotocons.com with the photographs of the damage and an email specifying the damage. We shall debit seller for the Purchase Fees less any insurance, packing, freight and transport fees associated with buyer's purchase. Reimbursement shall be made by issuing a credit card refund if payment to Fotocons.com was made by credit card or by check if payment was made by check. Insurance, packing and shipping fees associated with the return of the returned piece of Art/Craft shall be the sole responsibility of the buyer, and Fotocons.com shall have no obligation to reimburse the buyer for such amounts.
You and Fotocons are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any information you provide during the registration, listing or sale/purchase process and your activities or user of the Services on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for Fotocons.com or cause it to lose (in whole or in part) the services of its ISPs or other suppliers; or (ix) link directly or indirectly to or include descriptions of goods or services that: (a) are prohibited under these Terms of Service; (b) are concurrently listed for sale on a website other than the Site; or (c) you do not have a right to link to or include.
4.1 Taxes: You are responsible for paying all fees/costs/charges associated with the use of the Website to purchase Art/Craft/products and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
4.2 Non-payment: Fotocons reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to Fotocons. Fotocons also reserves the right to take legal action in case of non-payment of fees by you to Fotocons
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services, and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website.
At no time shall any right, title or interest in the products sold through or displayed on the website vest with Fotocons nor shallFotocons have any obligations or liabilities in respect of any transactions on the website.
The Art/Craft, site and services, including all content, functions, materials and information made available on or accessed through the site or the services, are provided on an "as is" and "as available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose.Fotocons.com does not warrant that the Art/Craft, services or the functions, features or content of the site will be timely, accurate, secure, uninterrupted or error-free, or that defects will be corrected. We make no warranty that the Art/Craft, site or services will meet users' requirements or expectations, and expressly disclaim any warranties or guarantees that by listing Art/Craft on the site, the listed Art/Craft will be sold. If you are dissatisfied with the site or any services, your sole remedy is to discontinue using the site and the services.Fotocons.com makes no warranty regarding any Art/Craft purchased or obtained through the site or any transactions entered into through the services. no advice or information, whether oral or written, obtained by you from Fotocons.com or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users. Fotocons.com expressly disclaims any endorsement or warranty of any Art/Craft sold on or through the services, and any responsibility for any misrepresentations or breaches committed by another user.
Limitation of Liability
In no event shall Fotocons.com is liable for any damages of any kind arising from (i) any injury to any person or property caused by the Art/Craft (ii) defects in such Art/Craft on any theory of liability or (iii) any return of any Art/Craft. In addition, in no event shall we be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services, the site or its content, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, even if Fotocons.com or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the total liability of Fotocons.com to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from these terms of service or your use of the site and the services exceed, in the aggregate, actual price of the Art/Craft(s) Work.
The copyright or any other Intellectual Property Rights subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes or any other material ,object,prepared by the Program Participant whether readable by humans or by machines shall belong to the Program Participant or Fotocons absolutely and they shall not be reproduced or disclosed or used in their original or translated form by the Buyer without the Program Participant's or Fotocons written consent for any purpose other than that for which they were furnished. Fotocons shall contact the Program Participant to obtain any such permission sought by the Buyer.
Fotocons accepts no responsibility for the accuracy and authenticity of drawings, patterns or specifications supplied by the Program Participant. The Buyer or 3rd party shall indemnify Fotocons against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer's instructions express or implied and the Buyer will fully indemnify Fotocons against any liability in respect thereof and shall pay all costs and expenses which may be incurred by Fotocons in reference to any such claim.
Third Party Links
Where Fotocons.com provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. Fotocons.com is not liable for any damages or injury arising from use of such sites.
Modification & Availability
Fotocons.com may, at any time, delete, modify or supplement the content of the Site without prior notice. Fotocons.com reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or time of availability.Fotocons.com may also impose limits on certain features of the Services or restrict your access to part or all of the Site or the Service without notice or penalty.
You agree that Fotocons.com has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. Fotocons.com reserves the right at all times to edit disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.
Fotocons.com makes reasonable commercial efforts to make its Services and Site available at all times. However, Fotocons.com is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
It is understood and agreed that, notwithstanding any other provisions of these Terms of Service, breach of the provisions of these Terms of Service by you will cause Fotocons.com irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under these Terms of Service in addition to any and all other remedies available at law or in equity.
In the event that any provision of these Terms of Service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
These Terms of Service comprise the entire agreement between you and Fotocons.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Service.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights that you may have against the seller.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, that any dispute, controversy or claim arising out of or relating to this agreement or the breach thereof, shall be submitted to the exclusive jurisdiction of the courts at Jaipur where the company is based. If this is acceptable to you, please go ahead and use the site otherwise please do not use the website.
This website is operated by Fotocons
For the Fotocons.com website, you could contact us by visiting: Contact Page
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Fotocons.com. BY CLICKING ON THE "I AGREE" BUTTON AT THE END OF THIS AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
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 as applicable in India . This electronic record is generated by a computer system and does not require any physical or digital signatures.
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