These Terms and Conditions (“Terms”) govern access to and use of this website (“Website” or “Platform”) operated by the owner (“Owner”, “Seller”, “we”, “us”, “our”). By accessing, browsing, downloading content from, or submitting any enquiry on this Website, you (“User”, “Buyer”, “you”) agree to be bound by these Terms.
If you do not agree to these Terms, you must discontinue use of the Website.
Definitions & Interpretation
1.1 “Artwork” means any painting or artwork displayed, described, or referenced on the Website.
1.2 “Expression of Interest (EOI)” means any enquiry, submission of contact details, or request for information made through the Website.
1.3 “Transaction” means a private sale of an Artwork concluded offline pursuant to separate written documentation.
1.4 “International Buyer” means any buyer located outside India.
1.5 Headings are for convenience only and do not affect interpretation. Words in the singular include the plural and vice versa.
Acceptance of Terms
Use of this Website constitutes legally binding acceptance of these Terms. Acceptance occurs whether or not you complete an enquiry or transaction.
Eligibility and Legal Capacity
3.1 You confirm that you are at least 18 years of age and legally competent to enter into contracts.
3.2 You are responsible for ensuring compliance with all laws applicable in your jurisdiction, including import, tax, and customs regulations.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India.
Courts at Mumbai, Maharashtra, shall have exclusive jurisdiction, subject to the arbitration clause below.
Nature of The Platform
- The Website is a private, curated art platform intended for informational and enquiry purposes only.
- The Website is not an auction house, public marketplace, or automated e-commerce platform.
- All transactions are conducted offline following direct communication and documentation.
Role of The Owner
The Owner may act as the seller of artworks personally owned.
Nothing on the Website creates any fiduciary duty, agency, partnership, or advisory relationship unless expressly agreed in writing.
No Agency or Partnership
No relationship of agency, joint venture, employment, or partnership is created between the User and the Owner by use of the Website.
Artwork Listings
All Artwork listings are descriptive and indicative in nature.
Availability is subject to change without notice.
The Owner reserves the right to withdraw or modify any listing at discretion.
Artwork Information Disclaimer
Descriptions relating to medium, dimensions, condition, age, and history are provided in good faith.
Natural ageing, patina, craquelure, and restoration characteristics are inherent to artworks.
Images are representative only; color, scale, and texture may vary due to photography and display settings.
Authenticity and Provenance
Information relating to authenticity and provenance is believed to be accurate but is not independently verified unless expressly stated in writing.
Independent verification is encouraged prior to any transaction.
No representation is made regarding acceptance of authenticity by foreign institutions, customs authorities, or third parties.
Expressions Of Interest (EOI)
Submission of an EOI does not constitute an offer, acceptance, reservation, or binding agreement.
The Owner is under no obligation to proceed with any enquiry or transaction.
Brochures and Downloadable Content
All downloadable materials are provided strictly for informational purposes and do not constitute an offer, representation, or contractual commitment under any jurisdiction.
Right to Refuse Engagement
The Owner reserves the right to decline or discontinue engagement with any User for compliance, legal, reputational, or discretionary reasons without obligation to provide justification.
Pricing and Availability
14.1 Prices displayed are indicative and subject to revision.
14.2 Prices may be shown in different currencies for convenience.
14.3 Final pricing is determined only through private written agreement.
Currency Conversion and Fees
All bank charges, intermediary fees, conversion costs, and transfer expenses are borne solely by the Buyer.
Valuation and Investment Disclaimer
Artworks are not guaranteed investments. No representation is made regarding future value, appreciation, tax treatment, or investment performance.
Errors and Omissions
The Owner reserves the right to correct inaccuracies and to cancel discussions arising from typographical or factual errors.
Private Sale Process
Transactions follow the process of:
Enquiry → Discussion → Due Diligence → Documentation → Payment → Delivery
No transaction is binding until confirmed in writing.
Documentation and Invoicing
19.1 Transactions are concluded only pursuant to written confirmation or invoice.
19.2 Website content does not override written agreements.
Advance Deposits
Where applicable, advance deposits may be requested. Deposit terms, adjustability, and refund conditions (if any) shall be communicated in writing.
Right to withdraw
The Owner reserves the right to withdraw from a proposed transaction prior to payment clearance due to compliance, regulatory, or risk considerations.
Mode of Payment
22.1 Payments are accepted via direct bank transfer only.
22.2 No payment processing is conducted through the Website.
Compliance and Due Diligence
The Owner may request identification, source-of-funds information, and other documentation to comply with applicable laws, including AML and FEMA requirements.
Taxes, Duties and Customs
All taxes, duties, VAT, sales tax, import/export charges, and customs obligations are the sole responsibility of the Buyer.
Export and Import
All transactions are subject to Indian export laws and the import laws of the destination country. The Owner does not guarantee export or customs clearance.
Shipping and Insurance
26.1 Shipping may be arranged through third-party carriers.
26.2 Insurance scope, if any, shall be confirmed separately.
26.3 Buyers may arrange independent insurance at their discretion.
Risk Transfer
Risk passes to the Buyer upon handover to the carrier or confirmed delivery, as agreed in writing.
Force Majeure
The Owner shall not be liable for delays or failure caused by events beyond reasonable control, including governmental actions, customs delays, transport disruptions, or natural events.
Final Sale Policy
All sales are final, except where expressly agreed otherwise in writing.
Inspection and Claims
Any claims must be notified in writing within the agreed inspection period. Failure to notify constitutes acceptance.
Copyright In Artwork
Purchase of an Artwork does not transfer copyright or reproduction rights. Artworks are for personal display only.
Website Intellectual Property
All Website content, including text, images, layout, and curation, is the intellectual property of the Owner and may not be reproduced without permission.
Confidentiality
All transactions and communications are treated as confidential, subject to disclosures required by law.
Data and Privacy
Personal data may be collected, stored, and processed in India. By using the Website, you consent to cross-border data transfer where necessary.
Prohibited Activities
Users shall not engage in fraud, misrepresentation, unlawful conduct, or attempts to circumvent export, tax, or regulatory requirements.
Termination
The Owner may restrict or terminate access to the Website at any time without notice.
Limitation Of Liability
To the maximum extent permitted by law, the Owner shall not be liable for indirect, incidental, or consequential damages. Liability, if any, shall be limited to amounts actually received by the Owner in connection with the transaction.
Indemnity
Users agree to indemnify and hold the Owner harmless from claims arising from misuse of the Website or breach of these Terms.
Disclaimer of Warranties
The Website and content are provided “as is” without warranties of any kind.
Dispute Resolution
All disputes shall be resolved by arbitration seated in Mumbai, India, in the English language, in accordance with Indian arbitration law.
Severability
If any provision is held invalid, the remaining provisions shall remain in full force.
Entire Agreement
These Terms constitute the entire agreement governing use of the Website and supersede all prior communications.
Contact Information
All official communication must be directed through the contact details provided on the Website.
