By accessing or using this website (“Framebazaar”, “We”, “Our”) or araframes.com, buying any frames or other products (collectively, “Products”) on Framebazaar or availing any other services provided by us and any services enabled via the site or application (together with the Products, collectively, “Services”) by Framebazaar and/or merely browsing the site, you represent that:
- You are of legal age and competent to enter into a binding contract with Framebazaar under the provisions of the Indian Contract Act, 1872, and
- You have the authority to agree and to be bound personally or bind any person on whose behalf you are acting.
- USERS. You may simply browse Framebazaar or register yourself by creating an account. You do need an account to order Products. You must, however, only provide us with true, accurate, current and complete information for your account and/or Orders. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to Framebazaar or any of its Services.
- ACCOUNTS. If you set up an account, you are required to provide your name, mobile number, email address, and select a password (collectively, your “Account Information”). If someone accesses Framebazaar or its Services using your Account Information, We shall be entitled to presume that it is you or your agent who is accessing Framebazaar or its Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with your account. In no event shall Framebazaar be held liable to you for any loss or damages resulting from or arising out of (i) any action or inaction of Framebazaar in connection with your Account Information, and/or (ii) any unauthorized access to your account or use of your password.
- PLACING AN ORDER. Unless otherwise specified on Framebazaar or araframes.com, Orders are placed through the following process:
- When you place an Order on Framebazaar for a specific Product(s), you will select your Product(s) and provide your payment information to Framebazaar as set out in clause 6 below. Framebazaar will process your payment at the time that you place your Order.
- You may either upload a digital copy of the photograph, artwork, picture or any other document or material (collectively, “Digital Copy”). Alternatively, you may also provide us with the artwork, painting, picture, document, object or any tangible item (collectively, “Artwork”).
- If you are uploading a Digital Copy, Framebazaar will print and frame it according to the specifications requested by you through Framebazaar unless otherwise agreed. Please note that Framebazaar may choose to not complete your Order for any reason, including without limitation, if Framebazaar believes that you do not have title to reproduce the Digital Copy. In such case, Framebazaar will cancel your Order and refund any payment made by you.
- Artwork may be provided to Framebazaar, inter alia, in either of the following ways: i) Delivering it to Framebazaar at 51/409, Motilal Nagar No. 1, Jai Mataji Marg, Goregaon (West), Mumbai - 400104 or ii) Requesting Framebazaar to send a third party contractor to collect the Artwork.
Upon receipt of your Artwork, Framebazaar will frame your Artwork according to the specifications requested through Framebazaar unless otherwise agreed. In the event that Framebazaar is not able to complete your Order for any reason, Framebazaar will notify you within 7 working days and return your Artwork as soon as may be practicable. Framebazaar shall also refund any payments made by you, less payment gateway fees and the costs incurred for returning the Artwork on account of shipping or otherwise, as may be applicable.
- Following completion of the framing of your Digital Copy or Artwork, Framebazaar will deliver your framed product (“Final Product”; also constitutes ‘Product’ as defined under these Terms). The Products are subject to Framebazaar’s then-current return policy.
- ACCEPTANCE. Your placement of an Order through Our Site is an offer to purchase Product(s) and/or Services. In case of a Digital Copy, the Order will be deemed accepted only when the Product is sent out for delivery to you, and in case of an Artwork, when the Artwork is collected from the address or location provided by you. Your electronic receipt of Order confirmation or payment does not signify Our acceptance of your Order. For any reason, we reserve the right to decline your Order. If we refuse to accept your Order, we will attempt to notify you at the email address provided on Framebazaar. If a particular Order is refused, after payment has been received by Framebazaar for that Order, it shall be refunded to you. If some of the Products in your Order are temporarily out of stock, we shall notify you. We will also obtain your prior consent in case we need to modify your Order or specifications for any reason. An Order shall be deemed delivered and accepted by you once it has been dropped at the address specified, regardless of whether it has been actually received by you.
- SHIPPING OF ORDERS. At present, Framebazaar ships only to select addresses in India. For shipping, it uses reliable third party courier services. Usually, the standard shipping time for the Products is three business days. However, any estimated shipping date provided by Framebazaar is based on the date that Framebazaar receives your Artwork and payment processing time. The estimated time does not include time incurred in transit. Please note that Framebazaar or ARA Frames shall not be responsible for any loss, damage, or delay caused to the Product in the process of shipping.
- PAYMENT. To pay for an Order, you will need to provide information necessary to process an Order from you, including your shipping address and billing information. Framebazaar uses Paytm as a payment gateway partner. You may pay for your Order via credit card, debit card or any other payment mechanism made available by Framebazaar. By submitting your payment information to us, you authorize us to charge the applicable payment method at Our convenience at any time within thirty (30) days of such authorization. You represent that you will not use any credit card, debit card or other form of payment unless you have all necessary authorization and legal competency to do so.
- PRODUCT COLOUR. We make efforts to display Our Products and their colours as accurately as possible. Having said that, the Product colour may vary in different screens and desktops. Therefore, We cannot guarantee that the Product will exactly resemble the colour which appears on your screen.
- PRICING. Prices are subject to change. Upon receipt of your Artwork or Digital Copy, if We determine that the Product that you have ordered will not be suitable, We will communicate with you further if you would like to change your Order to a different Product. In the event you change your Order, the price of your Order may change. Unless otherwise provided, all prices include shipping, handling and taxes.
- COUPON CODES. Framebazaar issues public and private coupons. Public coupons are visible on the coupon dashboard. Private coupons can be accessed only once the user creates an account on the website. Framebazaar reserves the right to remove the coupon code from the website at its own discretion.
- INTELLECTUAL PROPERTY. Certain names, logos, and other materials displayed on the Products, Framebazaar or its Services constitute trademarks, trade names, service marks or logos (“Marks”) of Framebazaar or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us.
USER AND ARTIST SUBMITTED MATERIALS. The ownership of any materials submitted by you to Framebazaar, including, any Artwork, Digital Copy, images, text, graphics and all other materials (collectively, “User Submitted Materials”) shall be retained by you, and you grant to ARA Frames, Framebazaar and Our designees a limited, non-exclusive, royalty-free right and license to use, reproduce, distribute, create derivative works of and publicly display such User Submitted Materials for any or all of the following uses:
i) to enable you to use the Service to create, produce and purchase Products,
ii) in connection with the production or provision of any Product or Service you request,
iii) to demonstrate how your User Submitted Materials would appear in Our Products or Services,
iv) or to use the Products or Services along with the User Submitted Materials for the purpose of advertisement and marketing.
- USE OF PRODUCTS BY FRAMEBAZAAR. Framebazaar, ARA Frames or its affiliates may use photographs and other reproductions of Products, including User Submitted Materials for marketing, publicity, or any other reasonable purpose. Framebazaar shall not be required to seek your consent prior to such use. However, no personal photographs shall be used for any of the aforementioned purposes without your prior consent. Framebazaar, ARA Frames, its affiliates and partners will have a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of to use, reproduce, distribute, create derivative works of and publicly display the final Product in all media. However, Framebazaar shall not sell any User Submitted Material to any third party vendor without your prior consent.
- You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that they do not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or intellectual property or any other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Submitted Materials, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
- You represent and warrant that you have obtained the consent, release, and/or permission of every identifiable individual who appears in the User Submitted Materials including that of the parent or guardian, if any such person is not competent to consent.
- INDEMNIFICATION. You agree to indemnify ARA Frames and/or Framebazaar, its directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users for all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) the User Submitted Materials; and (ii) an actual or alleged infringement or violation of any third party’s rights with respect to any such materials. Such indemnity shall not be subject to any maximum limit, basket or deductible.
- DISCLAIMER OF WARRANTIES. The products and services included on or otherwise made available to you through Framebazaar are provided “with all faults” and on an “as is” and “as available basis”, unless otherwise specified in writing. Framebazaar makes no representations or warranties of any kind, whether express or implied, as to the merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of this site is at your sole risk.
- LIMITATION OF LIABILITY. The liability of ARA Frames, Framebazaar or any of its agents or affiliates with regard to any Product or Service, including loss thereof or defect or deficiency therein, shall be collectively limited to the value of the Order placed on Framebazaar. The quantification of damages or liability will not, in any case, include the value of any User Submitted Material. Further, if any such Material is subject to any loss, damage, delay or otherwise during the course of its transit from Framebazaar or ARA Frames to you, the liability shall be solely borne by you.
- As art lovers and conservationists, We believe that art is precious and creativity is extremely valuable. We are dedicated to protecting and preserving art. Safeguarding Artwork is Framebazaar’s priority. However, if Framebazaar loses or damages any Artwork, you acknowledge and agree that Framebazaar will not compensate any amount whatsoever. If a print is damaged, Framebazaar will only try to reprint or provide the best suitable option available, but will not be liable for any direct or indirect loss or damage that may result therefrom.
- INSURANCE. The onus of insuring any User Submitted Material or final Product shall be solely yours. Neither Framebazaar nor ARA Frames or its affiliates or agents assume any responsibility to insure any Product or Service at any time.
- TRADEMARKS & COPYRIGHT NOTICE. The trademarks, logos and service marks displayed on the Site are the property of ARA Frames or its licensors. Unless otherwise specified, all information and screens appearing on this Site including all materials, documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of ARA Frames. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
- INTERNATIONAL USERS. Framebazaar can be accessed from countries around the world. Those who access or use the Site or the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- DISPUTES: The law governing this agreement is the law in force in India at the time when the dispute arises. Unless the parties otherwise agree, any dispute arising under the provisions of this agreement shall be resolved by courts established by law in India.