Terms & Conditions
By using the Service(s) i.e by accessing this site or ordering product offered for sale on this website, you agree to all terms and conditions of this Agreement and further agree to bound by all the terms and conditions mentioned below . For the purposes of these terms and conditions wherever require "you" and "your" refer to you the purchaser/ buyer and "We", "us" and "our" refer to JAIMINI.
- These terms and conditions shall apply to you as a visitor to Our Website as well as to you as a buyer or prospective buyer of our product/artwork.
- All Copyright and Ownership rights of the Product/Artwork available on website for sale are exclusively owned by JAIMINI.
- We shall accept your order by e-mail confirmation after you fill up and submit the Order Form available on the website. Our message will also confirm details of your purchase and inform you when we shall despatch your order.
- Since each painting is individually painted there may be a little variations in shade, colour and brightness from what you see on the website/computer screen/digital. We try to maintain the image as it is with original artworks. We shall not entertain any Complaint for return/refund of the Artwork/product on the ground of variation between Original Painting and what you see on the website/computer screen/digital.
- All artworks made available for sale on the site will be sold at the price listed and no discounts will be granted to the buyer, except as otherwise specifically mentioned therein. The price of the art work listed is inclusive of duties and taxes but does not include charges like courier/shipment, insurance, handling etc., collectively called as additional charges , 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 and the nature and cost of the art work etc. The information provided at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the artworks.
- The buyer agrees that the buyer is chargable for courier charges which could be determined based on the shipping address as per above clause and such charges shall be payable in addition to the price of the artwork. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer.
- The Buyer must pay us the full price of its order at the time of placing the Order in USD and the payment shall be made only through online mode i.e. through Credit/Debit Card, e-wallets or internet banking only.
- You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We require and use this information as provided by you for billing and to deliver you the art work as ordered by you. Deliveries will be made by the Carrier to the address stipulated in your order. If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. All invoices will be raised by JAIMINI based on the registration information provided by the buyer or amended at the time of finalizing a purchase.
We may make improvements or changes to Our Web Site, the Content, or to any of the art work, at any time and without advance notice. You are advised that Content may include technical inaccuracies or typographical errors. We give no warranty and make no representation, express or implied, as to:
- the adequacy or appropriateness of the art work for your purpose.
- any implied warranty or condition as to merchantability or fitness of the art work for a particular purpose;
- compatibility of Our Web Site with your equipment software or telecommunications connection.
- compliance with any law;
- non-infringement of any right.
- Our Web Site may contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
- We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of art work.
- In any claim against us our liability is limited to the value of the art work you have purchased in the contract which is the subject of the dispute.
- Title, ownership rights, and intellectual property rights in the art work available on our website as well as other Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries and any violation of our rights shall be subject to strong legal action from our side.
- You should not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement, any such act on your part shall be treated as violation of our rights as specified in earlier clause.
You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation; you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so. You understand that any such violation is unlawful and that any contravention of law may result in criminal prosecution. Following acts inter-alia may be treated as violations -
- accessing data unlawfully or without consent;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- taking any action in order to obtain Goods to which you are not entitled.
- You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
- any violation of system security as set out above;
- your use of Our Web Site;
- any other breach or violation of this agreement by you;
- the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
- You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
- If any of these terms is at any time held to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control.
Governing Law & Jurisdiction
These terms and conditions shall be construed and governed in accordance with the laws of India. The Courts at Jaipur, State of Rajasthan, India shall have the exclusive jurisdiction. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation.