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Terms And Conditions For Sale

These terms and conditions apply to the sale of fixed-price Objects on the Gallery Kolkata site and not to Exhibition works. For terms and conditions related to specific exhibitions, please check the conditions for sale for that exhibition. These terms and conditions will govern the sales of the works through the Gallery Kolkata Portal, i.e, www.gallerykolkata.com
Introduction

This website, www.gallerykolkata.com, including its sub-sites, affiliate sites, mobile versions accessible via internet-enabled devices, and any other purchase opportunities offered by Gallery Kolkata Private Limited (“GK”)—such as special monthly catalogues, promotional brochures, or other published sales materials (collectively, the “Website”)—is operated by GK, with its registered office at Duckback House, 2nd Floor, 41 Shakespeare Sarani, Kolkata – 700017, India.

By accessing, using, or purchasing through the Website or any of the catalogues and related materials, you (“User”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please refrain from using the Website, catalogues, or any services offered through them.

This document is published in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011, and constitutes an electronic record under the Information Technology Act, 2000. No physical or digital signature is required.

By using the Website, you represent that you are legally competent to enter into binding agreements under the Indian Contract Act, 1872. If you are not eligible or are disqualified under any applicable law, you must not use the Website.

These Terms constitute a binding agreement between you and GK. GK reserves the right to modify or update these Terms at any time without prior notice. Continued use of the Website after such changes implies your acceptance. Users are encouraged to review the Terms periodically.

Subject to compliance with these Terms, GK grants you a personal, non-exclusive, non-transferable, revocable, and limited license to access and use the Website.

Website Content

All content on the Website—including text, graphics, images, audio, video, software, and their arrangement (“Content”)—is the property of GK or its affiliates and is protected by Indian and international intellectual property laws.

Domain Name

The domain name www.gallerykolkata.com is owned exclusively by GK.

Product Ownership

Products listed on the Website remain the intellectual property of their respective creators. GK does not claim ownership of such rights, and no transfer of intellectual property occurs through purchase or display.

Restrictions

You may not reproduce, distribute, publish, or exploit any Content or product without prior written consent from GK or the respective rights holder. Unauthorized use may result in legal action.

You agree to use the Website only for lawful purposes. You must not:
  • Upload or share content you do not own or have rights to
  • Post defamatory, obscene, harassing, or otherwise unlawful material
  • Infringe on intellectual property rights
  • Mislead, impersonate, or deceive others
  • Threaten national security or public order
  • Introduce viruses, malware, or harmful code
GK reserves the right to restrict or terminate access without notice for violations and may pursue legal remedies as necessary.
  • You may be required to create an account to access certain features.
  • You are responsible for maintaining the confidentiality of your credentials.
  • GK may suspend or terminate accounts at its discretion.
Privacy Policy

Please refer to our [Cookie Policy] for details on how cookies are used on the Website.

The Website may contain links or advertisements from third parties. GK does not endorse or guarantee any third-party products or services. Your interactions with such content are at your own risk.

Definition

“Buyer” shall mean a person who is registered as a user to access the Website and buys an Object from the Website.

“Description” means all the details of an Object as set out in the Website and may include, without limitation, the name of the artist, designer, or manufacturer, the title of the Object, and the following additional details:

  1. For artworks: the signature of the artist/ date of the Object (if any), the surface, medium, and dimensions, year, provenance, and any additional information related to the Object.
  2. For furniture, collectibles, designer objects, any other features or weight or characteristics of the Object mentioned on the Website

“Object” means the artwork, jewellery, watches, collectibles, and other such articles offered by Gallery Kolkata for sale either individually or collectively (as a single unit) through the Website.

  1. The Object made available for sale on the Website may not always be in the physical possession of Gallery Kolkata and may be physically located anywhere in the world.

  2. All Objects made available for sale on the Website will be sold at the price listed, and no discounts will be granted to the Buyer. The price of the Object listed does not include duties, taxes, shipping, and handling, which will be charged as applicable and would depend on the physical location of the Object as well as the shipping address provided by the Buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Object.

  3. The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above, and such charges shall be payable in addition to the price of the Object.

  4. All invoices will be raised by Gallery Kolkata based on the registration information provided by the Buyer or amended at the time of finalizing a purchase and payments will be accepted only from the Buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.

  5. Placing an order on www.gallerykolkatat.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Gallery Kolkata within 2 working days on account of a default by the seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Gallery Kolkata (acting as the agent of the seller) and the Buyer.

  6. Gallery Kolkata shall have the right to cancel any order placed on the website www.gallerykolkata.com at any time before the delivery of the Object, without assigning any reason whatsoever.

  7. Gallery Kolkata shall assume no responsibility for any errors or omissions that may occur in the Description, pricing, or other content related to the Object. In the event of such an error, Gallery Kolkata reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.

  8. Once an order is placed on the Gallery Kolkata Site, the Buyer is required to make payment for the price of the Object as well as the charges referred to above within 7 working days from the date of placing the order. If Gallery Kolkata does not receive payment within 7 working days, Gallery Kolkata reserves the right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, Gallery Kolkata may, at its absolute discretion, hold the Object for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.

  9. The Object will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc., as may be reasonably requested by Gallery Kolkata, is completed and payment has been realized in full, including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. If the Buyer chooses to collect the Object from Gallery Kolkata, he must do so within two weeks of receiving the payment. If the Object is not collected within two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Gallery Kolkata.

  10. You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all costs, charges, plus all applicable taxes for the purchases made by you.

  11. Gallery Kolkata is authorized by the sellers to exercise complete discretion in (i) the illustration and descriptions of Other objects for viewing and sale, and (ii) acceptance or rejection of orders received.

  12. All Objects  displayed on the Website are supported by an authenticity guarantee from the Seller or the Gallery.

  13. Gallery Kolkata is not obligated to provide any physical preview of the Object either before or after the sale. Gallery Kolkata is in no way liable for the condition of the Object. Condition reports are provided on request and are based on the information provided by the seller. If Gallery Kolkata is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the website, an email will be sent to the Buyer regarding the difference, and Gallery Kolkata will await the Buyer’s decision to proceed with the order.

  14. Cancellations, Returns, and Refunds: The Buyer may cancel a sale only within 2 hours of the sale being completed, and if the sale has not been processed by Gallery Kolkata, by informing sales@gallerykolkata.com. Gallery Kolkata will accept returns of an Object and issue a refund to the Buyer only if the Object is delivered to the Buyer damaged and Gallery Kolkata is accordingly informed by the Buyer within 12 hours of delivery of the Object at sales@gallerykolkata.com, and Gallery Kolkata is not able to replace the Object within 7 days.

  15. All foreign currency exchange rates for the purchase are made on a constant of 1:84(USD: INR). The prices for individual objects have been ’rounded off’ for ease of reference and do not necessarily reflect the exact exchange rate that will be used for the calculation of the invoiced price.

  16. 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 Gallery Kolkata immediately. Gallery Kolkata is entitled to act based on 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 Gallery Kolkata 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 Gallery Kolkata.

  17. Please refer to the Disclaimer and the terms of our Privacy Policy, which together with these terms and conditions, govern your use of the website.
These terms and conditions of use shall govern your use of the sites www.gallerykolkata.com and all other URLs forming part thereof (hereinafter referred to as “the Sites”). The Site is owned and managed by Gallery Kolkata Art Private Limited, a company incorporated under the laws of India, having its principal place of business located at Second Floor, Duckback House, Shakespeare Sarani Kolkata – 700016 (hereinafter referred to as “us or we” in the first person and “Gallery Kolkata” wherever the context requires). These terms and conditions of use form the entirety of any express or implied contract that may or may not be deemed to exist between us and you, the users of the Site.
Gallery Kolkata reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges, if any, associated with the use of the Site. You are responsible for regularly reviewing these terms and conditions.

You shall use the Sites in good faith and for the essential purposes for which the Sites are intended. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sites.

The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Gallery Kolkata, and Gallery Kolkata is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.  Gallery Kolkata is not responsible for webcasting or any other form of transmission received from any Linked Site. Gallery Kolkata is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Gallery Kolkata of the site or any association with its operators.

As a condition of your use of the Sites, you warrant to Saffronart that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

Gallery Kolkata does not claim ownership of the materials you provide to Gallery Kolkata (including registration data, feedback, and suggestions) or post, upload, input, or submit to any of the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Gallery Kolkata and its affiliated companies permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission

The information, software, products, and services included in or available through the Sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Gallery Kolkata and/or its respective suppliers may make improvements and/or changes in the Sites at any time. Advice received via the Sites should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

Gallery Kolkata and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information,  products, services, and related graphics contained on the Site for any purpose. All such information, software, products, services, and related graphics are provided “as is” without warranty of any kind. and/or its respective suppliers hereby disclaim all warranties and conditions about this information, software, products, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

In no event shall Gallery Kolkata and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites, with the delay or inability to use the sites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if saffron or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Sites or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Site.

Gallery Kolkata reserves the right, in its sole discretion, to terminate your access to any or all Sites and the related services or any portion thereof at any time, without notice.

These Terms and Conditions of Use are governed by the laws of (i) India in the event the seller is located in India. You hereby consent to the exclusive jurisdiction and venue of the courts of Kolkata.

Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and

Gallery Kolkata as a result of this agreement or use of the Sites. If any part of this agreement is determined to be invalid or unenforceable under applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Gallery Kolkata concerning the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Gallery Kolkata concerning the Sites.

 A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All contents of the Sites are copyright protected in favour of Gallery Kolkata and/or its suppliers. All trademarks, names, brand names, etc. used on the Sites are either trademarks or registered trademarks of Gallery Kolkata or its associated companies. Any rights not expressly granted herein are reserved.

You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks and antiquities from the Sites. In particular, you warrant that all information that you submit will be true and accurate (including, without limitation, your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you.

  1. We do not take any liability for the unavailability of any particular artwork listed on our website as available. Kindly reconfirm its availability with the gallery through a phone call or email.

  2. The Gallery reserves the right to change any or all details of information mentioned on our website without any obligation or intimation to the users of the site, which is left completely to the decision of the Gallery and is unquestionably indisputable.

  3. Should there be an error in the listing of any price of artwork on the site, Gallery Kolkata reserves the right to update the price to the correct price. Even if there has been an enquiry or a purchase of a painting with an error in the mentioning of Price, on the Gallery website. Should there have been a purchase already and delivery yet to be completed, in such a case, the buyer shall be informed of the price mistake, and should they not wish to continue the purchase, a full refund will be initiated with no questions asked.

  4. Prices of artworks listed may not include Local or Overseas Duties, Taxes, Packing, Shipping, Custom Duties, etc. which would eventually be applicable.

  5. Gallery Kolkata (GK) is authorised to exercise complete discretion in (i) the illustration and description of artworks for viewing and (ii) acceptance or rejection of orders received.

No Cancellations Post The Sale Is Processed

  1.  Under  normal circumstances, once a sale is processed, refunds cannot be accommodated. Artists’ payments, in most cases, are immediately processed, and thus, refunds are not possible.

Cancellations Within 48 Hrs Of Placing The Order And Before Any Packing And Other Expenses Have Been Undertaken By The Gallery

As soon as we receive your order we start processing the same , Necessary framing , packing costs and plybox making costs are incurred by us in most cases complimentary for our collectors. Your cancellation means the gallery has spent substantial money in all the above heads . Thus no cancellations can be entertained unless we are compensated for the expenses made. Will be taken on a case to case basis

Shipment

    1. The artworks will be delivered/shipped to the buyer once all necessary documentation, about Transportation, Tax, etc. are completed and the payment has been realised in full, including all relevant additional charges.

    2. GK may not be able to provide a physical preview of all the artworks listed on the website. However, a preview may be shown after the final purchase & before delivery to the satisfaction of the customer. (Kindly contact the gallery to discuss about possible preview of artworks chosen for purchase)

    3. We undertake complete door-delivered shipments and track them till they reach you.
  1. The artworks will be delivered/shipped to the buyer once all necessary documentation, about Transportation, Tax, etc., is completed and the payment has been realized in full, including all relevant additional charges

  2. The gallery is happy to ship both unframed as well as framed works across the world.

  3. Shipments are all insured and delivered to your door.

  4. Custom duties have to be borne by the buyer as charged by the customs of your country.

  5. Import duties are to be paid and completed by the buyer as per the duties of your country/city/region.

  6. The gallery takes care of the shipment fee of the courier through which the product is being shipped. In most cases, are shippers are UPS, DHL, FedEx, etc.

Product Enquiry