Terms & Conditions
Artenblu is a Sole Proprietorship based in Bengaluru, India. By registering and placing an order on the website www.artenblu.in (owned and managed by Artenblu, and herein referred to as ‘the Website’, including all other URLs forming part thereof), you (meaning any person browsing, downloading / uploading any data or information, herein referred to as ‘you’ and its possessive adjectives or, ‘the User’ of the Website) acknowledge that you accept the Terms and Conditions listed below. Artenblu (acting as the agent of the artist or the owner of the artwork for sale, herein referred to as the Seller) reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is advised to read these terms and conditions carefully each time he/ she/ they decides to visit, browse or make purchases online through the Website.
These Terms and Conditions along with the Privacy Policy and Disclaimer & Terms of Use shall together govern the User’s use of the Website.
The listed price for each artwork displayed on the Website is exclusive of incidental charges such as packing, shipping duties and taxes. For artworks that can be purchased directly on the Website, these charges will be added to the price at the time of check out, based on the Shipping Address provided by the User. Artworks that are marked as ‘Price on Request’ or have a listed price with an ‘Enquire’ button cannot be purchased directly from the Website. Please reach out to us using the Enquire button for assistance with purchasing these artworks. You can also use the WhatsApp button to make an enquiry about any artwork on the Website.
Artenblu is not liable for any additional charges or customs duties that may be levied at the point of delivery, whether in India or overseas, over and above the taxes collected and paid at the time of sale. These will be payable at actual by the User / final recipient of the order, at the point of delivery.
Placing an order on the Website constitutes an irrevocable acceptance of the purchase. Unless rescinded or cancelled by Artenblu within 2 working days on account of unavailability of the artwork, or any prior or continuing breach by the User, such acceptance results in an enforceable contract of sale. Unless otherwise specified, the contract of sale is between Artenblu ( acting as the agent of the Seller) and the User. Artenblu does not entertain any requests for cancellation of orders placed on the Website or through an enquiry.
An order is deemed to be placed on The Website once the User makes the full payment for the total price of the Artwork online including all incidental charges and applicable taxes. The User agrees to abide by all provisions prescribed in the order forms submitted by them for the purchase of any artworks from the Website. The User warrants that all information submitted will be true and accurate (including without limitation the User’s credit/debit card number and expiration date), and the User agrees to pay all charges plus all applicable taxes for their purchases made. For artworks that can be purchased directly on The Website, we use the services of globally reputed secure payment gateways to enable payment transactions online. The User will be required to provide their billing details on the Check Out page through a secure payment gateway. The payment gateway will store the User’s credit/debit card information, and will automatically debit the amount from the User’s linked bank account. At no time during The process of the transaction or during the billing period does Artenblu become privy to the User’s credit/debit card information. While the Website is secured with standard security protocols, Artenblu cannot not be held liable for the loss, theft, fraud or misuse of the User’s bank account or credit/debit card information. It is assumed that the User is using their own bank account or credit/debit card for the transaction on the Website. In the event of a fraud, the liability of using any bank account or card fraudulently will be on the User, and the onus to ‘prove otherwise’ shall be exclusively on the User. The above terms apply for artworks purchased via an enquiry on the Website as well.
All order confirmations will be communicated by Artenblu based on the registration information provided by the User at the time of making the purchase, and payments will be accepted only from the User so registered.
If the full payment for an order is not received within 5 working days of the User completing the full payment, the order will not be confirmed by Artenblu. Artenblu retains the right to either rescind the order or, alternately, without prejudice to the foregoing and at its absolute discretion, hold the artwork for the User, for a mutually agreed period of time. Artenblu will be free to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale post this period of time, if it reasonably deems that the User has placed the order with no real intent of making the payment.
All payments for sale of artworks are to be made 100% in advance, and are non-refundable.
Prices of artwork, unless indicated otherwise, are in Indian Rupees (₹ / INR).
The User 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 Artenblu immediately. Artenblu is entitled to act on the basis of the information provided and seek such further information, clarification or verification as it may deem necessary for granting registration. Such registration may be suspended or cancelled where Artenblu forms a reasonable view that any of the above information may be inaccurate, and also be restored if the User furnishes accurate information to the satisfaction of Artenblu.
By visiting The Website and exchanging emails with Artenblu, the User is communicating with Artenblu electronically, and consents to such communication. Artenblu may communicate with the User over email or by posting information on the Website. The User agrees that all agreements, notices, disclosures and other communications that Artenblu provides electronically, satisfy any legal requirement that such communications are made in writing.
The artwork displayed for sale on the Website may not always be in the physical possession of Artenblu, and may be physically located anywhere in the world. Artenblu is not obligated to provide any physical preview of the artwork, either before or after the sale, and is in no way liable for the physical condition of the artwork that is not available with them and in their sole possession.
All prices of artworks listed on the Website are subject to availability of such artworks with Artenblu or the Seller. Artenblu reserves the right to change the prices and availability of such artworks without giving prior notice, at the sole discretion of Artenblu. In the event of non-availability of such artworks at the time of placing the order, Artenblu further reserves the right to cancel any such placed orders.
Artenblu and its representatives attempt to be as accurate as possible in artwork descriptions. Artenblu is authorized by the Sellers to exercise complete discretion in the illustration and descriptions of artworks for viewing and sale, and the acceptance or rejection of orders received. However, Artenblu does not warrant that artwork descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If an artwork offered by Artenblu itself is not as described, your sole remedy is to return it in an unused condition.
Artenblu issues a certificate of authenticity for select artworks sold on the Website. Please refer artworks displayed for details.
All Paintings, Serigraphs, Print making and other forms of prints are delivered in an unframed and rolled condition, packed with suitable protection and shipped through reputed courier services. Artenblu does not recommend shipping of artwork in framed condition and does not guarantee protection of the same.
Artwork physically located with the Seller may be shipped directly from the Seller to the User, or via Artenblu.
The artworks will be delivered/ shipped to the User once all necessary documentation relating to transportation, tax, etc. as may be reasonably requested for by Artenblu are completed, and the payment has been realized in full including any incidental and additional charges.
Transit insurance costs will be included in such incidental and additional charges, unless specifically advised otherwise by the User.
In the event that the User chooses to collect the artworks from Artenblu in person, they must do so within two weeks of Artenblu receiving the payment. In the event that the artworks are not collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Artenblu.
In the event that non-delivery occurs on account of a mistake by the User (i.e. wrong name or address) any extra cost incurred by Artenblu for redelivery shall be claimed extra as applicable from the User placing the order.
While great care is taken to reproduce the colours and form of the original Artwork as depicted on the website, it is understood that there may sometimes be slight variations in shade and colour between the physical artwork and its digital image. No complaints in this regard will be entertained.
Artwork received by the User in a damaged condition must first be notified to Artenblu immediately by email to ask@artenblu.in, along with visual proof of the damage attached, and then returned to Artenblu within 2 days of receipt in an ‘as is’ condition. Artenblu, at its discretion, will then cancel the order and issue a credit note to the User. Artenblu follows a strict ‘no refund’ policy.
As the User, you agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information submitted by you will be true and accurate (including and without limitation to your bank account or credit / debit card details), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
The User certifies that he/she/they are at least 18 (eighteen) years of age or has the consent of a parent or legal guardian. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents etc. are not eligible to use the Website. If you are a minor, i.e., under the age of 18 years but at least 13 years of age you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If your age is below that of 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors is strictly prohibited.
Artenblu shall remain indemnified against any liability arising out of losses due to Force Majeure, which may prevent it from fulfilling its obligations towards the sale. A force majeure event includes any event that is beyond the reasonable control of the affected parties and shall include, without limitation, sabotage, flood, fire, wars, acts of God civil commotion, strikes or industrial action of any kind, the couriers, riots, insurrection, war, acts of government, breach of security and encryption, etc. or any cause that is beyond the control of Artenblu.
Artenblu will not be responsible for any damage suffered by users from use of the services on this Website. This, without limitation, includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Seller. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
The User expressly agrees that the use of the services of Artenblu is at the User’s sole risk. The services of the Artenblu Website are provided on an “as is” basis without warranties of any kind, whether express or implied. Artenblu, its affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether expressed or implied, for the service it is providing, or as to the results that may be obtained from use of the service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this service. Artenblu does not represent or warrant maintaining the confidentiality of information; although Artenblu’s current practice is to utilize reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties if any, implied or expressed take place between the Seller and the User.
To the full extent permissible by applicable law, Artenblu disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Artenblu does not warrant that this Website, its servers, or e-mail sent from artenblu.in are free of viruses or other harmful components. Artenblu will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
All content included on this Website such as text, graphics, logos, button icons, images of products, arts, digital downloads, data compilations, and software, is the property of Artenblu or its content suppliers. The compilation of all content on this Website is the exclusive property of Artenblu. All software used on the Website is the property of Artenblu or its software suppliers.
Third-party links to the Website may redirect you third-party websites. Artenblu is not responsible for the nature, appropriateness, accuracy and legality of their content and will not be liable or responsible for any third party materials, websites, content and products. The User indemnifies Artenblu from any liability or harm or damages arising from the purchase or use of products, services, content, resources or any other transactions made in connection with any such third party websites.
The User agrees to indemnify and defend Artenblu and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to the User’s use of the Website.
As per these Terms, the User is solely responsible for every material or content uploaded on to the Website artenblu.in, as Artenblu does not review the contents in any way before they appear on the Website. Artenblu also does not verify, endorse or otherwise vouch for the contents of any User or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms and Conditions, please report to ask@artenblu.in
These Terms and Conditions are to be interpreted in accordance with India Laws only. Any dispute with Artenblu arising out of a sale will be subject to the laws and jurisdiction of the High Court of Karnataka, Bengaluru, only.
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. Users may not assign or transfer their rights under these terms and conditions without prior written consent from Artenblu.
The User is requested to refer to Artenblu’s Disclaimer & Terms of Use and Privacy Policy, which together with these Terms and Conditions governs use of the Website.