INTRODUCTION
Welcome to BeautiArt.in! This website is owned and operated by Beauti Art. In using Beauti Art service, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period. You understand and agree that you are bound by such terms till the time you access this website. If you want to ask us anything about these Terms & Conditions or have any comment or complaint on or about our website, please email us. We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
OWNERSHIP OF RIGHTS
All rights including copyright in this website are owned by or licensed to Beauti Art Jewellery. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Beauti Art Jewellery. You may not modify, distribute or re-post something on this website for any purpose.
ACCURACY OF CONTENT AND INVITATION TO OFFER
Beauti Art.in has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. The weights, dimensions and capacities given are approximate only. We have made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. To the extent permitted by applicable law, Beauti Art.in disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. Beautiart shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website.
All products/services and information displayed on Beauti Art constitute an invitation to offer. Your order for purchasing constitutes your offer which shall be subjected to the terms and conditions as listed herein. Beauti Art reserves the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by Beauti Art and the balance would continue to be on offer to Beauti Art. www.beautiart.in reserves the right to accept or reject such balance order. No act or omission of www.beautiart.in prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
ELIGIBILITY TO USE
Use of the website is available only to the persons who can form legally binding contracts under applicable law. 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 your age is below 18 years you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material which is for adult consumption; the sale or purchase of which to/by minors are strictly prohibited. www.beautiart.in reserves the right to terminate your membership and refuse to provide you access to the website if www.beautiart.in discovers that you are under the age of 18 years. The website is not available to persons whose membership has been suspended or terminated by www.beautiart.in for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this web from India. www.beautiart.in makes no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. www.beautiart.in will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if www.beautiart.in receives an order from such states or to be delivered to such states (to see a list please refer our shipping policy) under such circumstances www.beautiart.in retains the right to accept or reject the order.
Those who choose to access this website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. www.beautiart.in will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of www.beautiart.in you agree to be bound by the Terms and Conditions.
ACCOUNT AND REGISTRATION OBLIGATIONS
Your Information is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature or a written letter or mailed or submitted to any of our stores and offices. We will protect your Information in accordance with our Privacy Policy. If you use the website, you are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. www.beautiart.in shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately through the address provided in the beginning of this agreement. If www.beautiart.in has reason to believe that there is likely to be a breach of security or misuse of the www.beautiart.in website, we may require you to change your password or we may suspend your account without any liability to www.beautiart.in.
www.beautiart.in does not want to receive confidential, proprietary or trade secret information through this website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to www.beautiart.in will be deemed non-confidential. By submitting any such information, you are granting www.beautiart.in an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, and ideas or comments unless we first obtain your permission or otherwise are required by law to do so.
YOU ALSO AGREE AND CONFIRM:
To provide true, accurate, current and complete information about you as prompted by www.beautiart.in registration form or guest details form (such information being the Registration Data).
To maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if www.beautiart.in has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, www.beautiart.in has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the website.
If a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) an extra cost incurred by www.beautiart.in for redelivery shall be claimed from you and you shall pay such cost.
That you will use the services provided by www.beautiart.in , its affiliates, consultants and contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the website and transacting on the website.
You will provide authentic and true information in all instances where such information is requested to you. www.beautiart.in reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), www.beautiart.in has the right in its sole discretion to reject the registration and debar you from using the services of www.beautiart.in and or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item’s description.
USAGE RESTRICTIONS YOU SHALL NOT USE THE WEBSITE FOR ANY OF THE FOLLOWING PURPOSES:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person’s use or enjoyment of the website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
PRICING INFORMATION
While www.beautiart.in strives to provide accurate product and pricing information, pricing or typographical errors may occur. www.beautiart.in cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, www.beautiart.in shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, www.beautiart.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and www.beautiart.in will have the right to modify the price of the product and contact you for further instructions using the email address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that www.beautiart.in accepts your order the same shall be debited to your Credit / Debit card account and duly notify you by email that the payment has been processed. The payment may be processed prior to www.beautiart.in dispatches the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your Credit / Debit card account.
We strive to provide you with best value. However, sometimes a price online may not match the price in a store in your particular geographic region and store price sometimes may differ from online prices. Prices and availability are subject to change without notice.
CANCELLATION BY BEAUTI ART
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform 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 / Debit card has been charged, the said amount will be reversed back in your Card Account.
We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfil, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured / charged. If however the same is charged to your card / bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. www.beautiart.in reserves the right to capture / charge your card to the full or partial authorized amount for the concerned order.
FINANCIAL DETAILS
You agree, understand and confirm that the Credit / Debit card details or other financial details provided by you for availing the services on www.beautiart.in will be correct and accurate and you shall not use the Credit /Debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by beautiart.in. www.beautiart.in will not be liable for any Credit / Debit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you. All information collected by us shall be governed as per our Privacy Policy.
FRAUDULENT /DECLINED TRANSACTIONS
www.beautiart.in and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the website fraudulently. www.beautiart.in and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or omissions in breach of these terms and conditions.
ELECTRONIC COMMUNICATIONS
When you visit the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
COLORS
We have made every effort to display the colours of our products that appear on the website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to www.beautiart.in on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, the comments) shall be and will remain www.beautiart.in property. Such disclosure, submission or offer of any comment shall constitute an assignment to www.beautiart.in of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comment. Thus, www.beautiart.in owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comment. www.beautiart.in will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any comment you submit for any purpose whatsoever, without restriction and without compensating you in any way. www.beautiart.in is and shall be under no obligation
• To maintain any comment in confidence
• To pay you any compensation for any comment, or
• To respond to any comment.
You agree that any comment submitted by you to the website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no comments submitted by you to the website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of ‘Spam’.
www.beautiart.in does not regularly review posted comments, but does reserve the right (but not the obligation) to monitor and edit or remove any comment submitted to the website. You grant www.beautiart.in the right to use the name that you submit in connection with any comment. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comment you submit. You are and shall remain solely responsible for the content of any comment you make and you agree to indemnify www.beautiart.in and its affiliates for all claims resulting from any comment you submit. www.beautiart.in and its affiliates take no responsibility and assume no liability for any comment submitted by you or any third party.
COPYRIGHT & TRADEMARK
www.beautiart.in and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of www.beautiart.in or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to www.beautiart.in. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of www.beautiart.in. You may not modify, distribute or re-post anything on this website for any purpose.
The www.beautiart.in names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of www.beautiart.in. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this website. Access to this website does not authorize anyone to use any name, logo or mark in any manner.
References on this website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply www.beautiart.in endorsement, sponsorship or recommendation of the third party, information, product or service.
www.beautiart.in is not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this website (collectively, the ‘Contents’) are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the website or any related software. All software used on this website is the property of www.beautiart.in or its suppliers and protected by Indian and international copyright laws. The Contents and software on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by www.beautiart.in ,one of its affiliates or by third parties who have licensed their materials to www.beautiart.in and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all contents on this website is the exclusive property of www.beautiart.in and is also protected by Indian and international copyright laws.
OBJECTIONABLE MATERIAL
You understand that by using this website or any services provided on the website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the website and any service at your sole risk and that to the fullest extent permitted under applicable law, www.beautiart.in and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
INDEMNITY
You agree to defend, indemnify and hold harmless www.beautiart.in, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to www.beautiart.in or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
TERMINATION
This User Agreement is effective unless and until terminated by either you or www.beautiart.in . You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this website, provided that you discontinue any further use of this website.
www.beautiart.in may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website. Such termination will be without any liability to www.beautiart.in. Upon any termination of the User Agreement by either you or www.beautiart.in, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the User Agreement or otherwise. www.beautiart.in right to any comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the User Agreement.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
*Above mentioned terms and condition are not applicable for in store purchase.