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terms and conditions

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These terms and conditions of sale shall govern all the transactions, between Edgewise Ventures Pvt Ltd and the Buyer relating to the Work(s) of Art from the online gallery/website www.reachoutgallery.com, and all other URLs forming part thereof (hereinafter referred to as "the Sites").

RO is not in the physical possession of all Work(s) of Art and its role shall be confined to that of a platform for the display and sale of the Work(s) of Art, from the Artist/ Artisan to the Buyer.

The Site hosts a curated collection of Work(s) of Art online and is a platform for thesale 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 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 of the Artist/Artisan 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 Conditions

Before you use the Services, we require that you read and accept these Conditions. If you visit, shop or otherwise participate in the Services on the Site, you accept these Conditions. If you choose not to accept these Conditions, you may not access or otherwise use the Site or Services. If you have any questions regarding these Conditions, please contact our Customer Service department at info@reachoutgallery.com 

All our  policies and guidelines , rules are hereby incorporated by reference into the Conditions.

DEFINITIONS

1.BUYER

"Buyer" means the individual above 18 years of age or legal entity whose order for the Work(s) of Art is accepted by RO or any individual who seeks to buy; or any individual who directly or indirectly has communicated with RO

2.CONDITIONS

"Conditions" means these terms and conditions set out on the website and includes any special terms and conditions agreed in writing between the Buyer and RO

3.ARTIST/ARTISAN

"Artist/Artisan" means an entity, individual, gallery or an organization interested in the effectuation of sale of the Work(s) of Art by RO through the Channels and the definition includes but is not restricted to the following:

(i) An individual who submits his own Work(s) of Art that is a result of his creation, innovation and talent, whether the individual is an art professional or not.
(ii)   Any student enrolled in a University, College, Institution or School imparting training, education and knowledge in Art and related fields or any other field or discipline
(iii) Any gallery which promotes the Work(s) of Art of varied Artists.
(iv) Any individual, organization or entity who being in the lawful possession of Work(s) of Art desires to sell the same through the Channels of RO, 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 in a saleable manner on RO website.
4. TRANSACTIONS

"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.

5. WRITING

"Writing" includes email, letter by post or courier and any other comparable means of communication, and "written" shall be construed accordingly

6. WORK(S) OF ART/PRODUCTS

"Work(s) of Art/Products" means the work(s) of art/products (including any instalment of the work(s) of art/products or any parts for them) which Artist/Artisan is to sell in accordance with these Conditions.

7. ReachOut Gallery 

“Edgewise Ventures Pvt Ltd” a private limited company incorporated in India and having its registered office at NASHIK which owns the website www.reachoutgallery.com and all intellectual property in the same.

8. Services

“Services” means the services provided/to be provided by RO, which are subject to the Conditions.

PARTICIPATION REQUIREMENTS:

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. 
RO reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to RO’s notice or if it is discovered that you are under the age of 18 years. 
RO assumes no responsibility or liability for any misrepresentation of Your age.

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 RO website in order to list, sell and buy Art.

In order to participate in the Services, you must register with RO website 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. 
RO 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.
RO believes artists/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 artists confirms and establishes the fact that they are the owners and original creators of the artwork(s) as provided to RO does not hold any liability in case of any discrepancy that is/has been found as a result of misuse of image or copyright or any other intellectual property right produced by the original owner. RO a mere facilitator to the artists.

RO 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.
RO will not be liable, you are requested to verify before purchase or delivery of the Products.

RO also holds 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.

All sizes mentioned in the website is to benefit the consumers for easy understanding. We encourage sizes to be presented in Inches as that is the accepted norm in India. 
Should you require the size is cms or any other metric you are comfortable with, we encourage you to write to us at info@reachoutgallery.com

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 unauthorised access to your account. ( if we use wix this won’t be needed ) FYI 

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. 
RO reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

E-PLATFORM FOR COMMUNICATION

RO does not pre-screen or censor users who access the website, or the content or information provided by user(s). RO  not a party to any transaction relating to the Art. 

The artworks made available for sale on the Website may not be in the physical possession of RO and/or could be physically located anywhere in the world in the artist'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 the RO website 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/Artist/Artisan.

LICENCE 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:

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
ï‚·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
ï‚·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
ï‚·Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
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 RO 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 or any third party claim arising for any reason whatsoever.

In the event that you have a dispute with one or more users, you hereby undertake to release RO 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 .

Information Control

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. 
RO 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. 

Shipping Period

Shipping logistics are communicated to the Buyer at the time of purchase, basis the location of the artwork.  The standard anticipated timelines for shipping in India are listed below, however these would vary during exigencies, Force Majeure conditions or in epidemics.

Typically:

Express Shipping (ships to the buyer within 4/5 business days. This is chargeable)
Standard Shipping (6 to 10 business days)
If a work has to be imported from an artist residing outside India, it may take upto 15 days and may involve a custom duty payable by the buyer.
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 RO Without obtaining prior permission from RO and 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 RO user to your email or physical mail list.

Purchasing Art

You must be a Registered User in order to purchase the Art. Buyers are obligated to complete the sale transaction upon completion of the check-out process. 
Placing an order on The RO website constitutes an irrevocable acceptance of the purchase once the shipment has been made by the seller or if the artwork is in transit. Unless rescinded/cancelled by RO on account of a default or breach by the buyer, such acceptance results in an enforceable contract of sale. 

The contract of sale is between RO (acting as the agent of the artist) and the buyer.

All artwork posted for sale by RO on the Website is supported by an authenticity guarantee from the Artist themselves. RO does not issue any authenticity guarantee.

We will use third party service provides for processing payments and other ancillary services, and we shall not be responsible for any system failure of loss suffered by you on account of the services of such third parties and we disclaim all liabilities in this regard. 

Ownership Transfer

The Art shall be and remain the risk of the artist/ artisan/seller until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.

Return Process

If a buyer elects to return a piece of Art (only if met by our Refund policy norms), the buyer must write to RO  the photographs of the damage and an email specifying the damage. Reimbursement shall be made by issuing a credit card refund if payment to RO 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 shall be the sole responsibility of the buyer, and RO shall have no obligation to reimburse the buyer.

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