GENERAL TERMS AND CONDITIONS OF SALE THROUGH KOLKATA ART HOUSE (Hereinafter referred to as ‘Kolkata Art House’)
Important: The title of the property in the artworks passes from the Artist (or, in a secondary sale, from a collector) to the ‘buyer/collector’ upon a contract being completed (payment being received by Kolkata Art House), with Kolkata Art House acting as a facilitator for the Artist (or the collector/seller).
- The artworks made available for sale will not always be in the physical possession of Kolkata Art House and can be physically located anywhere in India or abroad.
Artworks that are available for sale on the website will be sold by Kolkata Art House at the listed price and on the terms and conditions herein and elsewhere on this website. The ‘Listed Price’ of the artworks is inclusive of applicable taxes, shipping, handling and insurance charges within India. For buyers outside India, Kolkata Art House will charge for shipping only based on actual. The information provided by the buyer during registration (or amended thereafter before the actual contract of sale occurs) shall be deemed to be the final billing address of the buyer and corresponding destination of the shipment.
- Kolkata Art House will not be liable for any taxes or special charges that may be levied at the destination whether in India or abroad.
- When a sale is done, Kolkata Art House will raise an invoice-cum-money receipt based on the information provided by the buyer/collector.
- The contract of sale occurs when, after choosing a particular artwork and confirming its availability with Kolkata Art House, the collector/buyer clicks upon the ‘PAYMENT METHOD’ and transacts the payment to ‘Kolkata Art House’. Once a contract of sale has been transacted, it constitutes an irrevocable contract for sale and automatic acceptance of the purchased items, unless rescinded/cancelled by the Kolkata Art House within ten working days on account of artist’s default, or prior/continuing breach by the buyer, or Act of God (being natural calamity/change in legislation) rendering the contract of sale non-performable or infructuous. The basic contract of sale is between the buyer and Kolkata Art House (acting as FACILITATOR of the Artist)
- Once an order is placed with Kolkata Art House, the buyer is required to make full payment for the purchased item within five working days thereafter. Any breach/failure in the payment made by the buyer may result in appropriate legal proceedings to enforce the sale contract/payment, without prejudice and without further reference to the buyer.
- Every sale is against 100% advance payment. The Artworks will be delivered/shipped to the buyer’s destination through a reputed courier, normally in a rolled form covered in a sealed cylinder and Kolkata Art House undertakes to accept the consignment ( from the buyer) on immediate return if the item in transit suffers damage in transportation: however, if the buyer has pre-specified packing/delivery/framing different from norms followed by Kolkata Art House, then Kolkata Art House will not be held responsible for any damage/detriment on transit nor be held liable for accepting the return of the sold item.
- All foreign currency exchange rates for the purchase are made based on the USD: INR forex rate prevailing on the day of confirmation of the order. 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.
- The paintings that are unframed and not mounted will be shipped in a rolled format and in protective cylinders. For the paintings that are shipped with glass frames, the Gallery cannot provide any guarantee for the glass and frame, though utmost care will be taken while packing.
- Artworks received in an unsatisfactory condition (except those packed to buyer specifications) by the buyer may be returned to the Gallery within seven working days in an ‘as is’ condition. In such a case Kolkata Art House will refund the payment to the buyer and cancel the order. However, the unsatisfactory condition will only be covered for damaged or spoilt condition, and NOT because the buyer did not like the artwork he has purchased.
- The images of the paintings are captured digitally and displayed on the website. While great care is taken to reproduce the colours and form of paintings when displayed on the website, colours and shades of paintings may slightly vary due to photographic lighting sources or your monitor settings. Kolkata Art House will not entertain any complaints in this regard.
- Kolkata Art House is authorised by the artists to exercise complete discretion in (i) the illustration and descriptions of artworks for viewing and sale and (ii) acceptance or rejection of orders received.
- Each artwork posted for sale on the Website is supported by an ‘Authenticity Certificate’ issued by the actual Artist or by an expert or a ‘Provenance’. Kolkata Art House does not issue any independent certificate or guarantee. The liability of authenticity and quality rests exclusively on the Artist and or the certifying expert.
When an intending buyer/collector has taken a liking to a particular artist’s artwork but wants a tailor-made piece, Kolkata Art House will arrange for the intended design/colour material / etc through the selected artist subject to mutual agreement and price fixation between Kolkata Art House and the intending buyer/collector, subject, however, to 100% advance payment of the price settled upon. The other terms and conditions of the contract of sale shall remain undisturbed.
- Kolkata Art House is not obligated to provide any physical preview of the artwork either before or after the sale. The Art Gallery is in no way liable for the condition of the artwork.
- The buyer agrees to abide by all provisions prescribed in these terms and conditions. In particular, the buyer warrants that all information submitted by him is true and accurate. The buyer further agrees to pay all costs, charges and applicable taxes for the purchases made by him.
- 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 the Art Gallery immediately. The Online Art Gallery 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 the Art Gallery 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 the Art Gallery.
- Any dispute arising from contractual obligations based on the above-stated Terms and Conditions will be referred to the Courts of Kolkata only, and preferably settled under the relevant provisions of the Arbitration and Conciliation Act of 1996.
