These terms and conditions of sale shall govern the Buyer’s Transactions relating to the Work(s) of Art from the site www.mbpictorial.com , and all other URLs forming part thereof (hereinafter referred to as “the Sites”).
MB Pictorial is in the physical possession of all the Work(s) of Art and its role is to display and sale of the Work(s) of Art from the Artist to the Buyer.
The Sites has big collection of Work(s) of Art online and is a platform for the purchase and exhibition of and not limiting to paintings, photos, poems and essays. The Buyer on seeing a specimen of the Work(s) of Art on the Site is interested in the purchase thereof through the Internet.
These terms and conditions shall apply on the sale of the Work(s) of Art of the Artist to the buyer through the Site.
The Buyer must read, agree with and accept all of the terms and conditions contained in this document.
Acceptance of Terms
Before you use the Services, we require that you read and accept these Terms of Service. If you visit, shop or otherwise participate in the Services on the Site, you accept these Terms of Service. If you choose not to accept these Terms of Service, you may not access or otherwise use the Site or Services. If you have any questions regarding these Terms of Service, please submit them on contact page. In addition, when using particular mbpictorial.com owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the Terms of Service.
DEFINITIONS
1. BUYER
“Buyer” means the individual above twelve years of age or legal entity whose order for the Work(s) of Art is accepted by MB Pictorial; or any individual who seeks to buy; or any individual who directly or indirectly has communicated with MB Pictorial.
2. CONDITIONS
“Conditions” means the standard terms and conditions of sale set out on mbpictorial.com and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and MB Pictorial.
3. ARTIST
“Artist” means an individual i.e. Ms. Manali Bonde who has uploaded her own Work(s) of Art( that is a result of her creation, innovation and talent) for the effectuation of sale of the Work(s) of Art by MB Pictorial. MB pictorial is a online business website with sole proprietor as (Artist) Ms. Manali Bonde.
4. TRANSACTIONS
“Transactions” refer to online offers, acceptances of sale made and/or entered into by the “Buyer”, for professional or non-professional purposes, in his name and for his account or in the name or for the account of another individual or entity.
5. WRITING
“Writing” includes email, telex, cable, facsimile transmission and any other comparable means of communication, and “written” shall be construed accordingly;
6. WORK(S) OF ART
“Work(s) of Art” means the Work(s) of Art which Artist is to supply in accordance with these Conditions.
PARTICIPATION REQUIREMENTS:
Individual registration: Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase or bid for any items on the Website. As a minor if you wish to purchase an item on the Website such purchase may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. MB Pictorial reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to MB Pictorial’s notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
Guest User: If you are transacting as a Guest User, you are allowed to purchase limited services on Website and there could be certain additional restrictions on you as a Guest User for other functionality of the Website available to you.
Login ID, Password and Security
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.
mbpictorial.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Deleting Account
MB Pictorial does not allow users to delete their account on the site directly by themselves. However if any user wants to delete their account they can get in touch with us via form available on the contact page. Your request to delete the account will be considered and appropriate action will be taken. However, it is the sole discretion of the authorized personnel(s) at MB Pictorial to delete/ change the status of your account.
Ownership of Website
MB Pictorial claims ownership rights on all the artworks posted on website. MB Pictorial site is made for the sell of artworks of the Artist. The artworks made available for sale on the Website are in the physical possession of mbpictorial.com. You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from one specific location. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the Artist on mbpictorial.com.
Communications
When you visit mbpictorial.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number and email address while placing an order with us. We may communicate with you by e-mail, SMS, phone call, google meet or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
LICENCE FOR WEBSITE ACCESS
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
- Reproduce, duplicate, copy, sell or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose, except as expressly provided;
- Use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet ‘search engines,” hit counters or similar technology);
- Use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
- engage in any activity that interferes with the website or another user’s ability to use the website;
- Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
- Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein without any intimation or any further notice.
Indemnity and Release
You shall indemnify and hold harmless MB Pictorial, its subsidiaries, affiliates and proprietor, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
Information Control
You understand that all information, data, text,photos, video, messages, and or other materials (‘User Content’), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. You are responsible for all the User Content that you upload, post, broadcast, display, email, transmit, or otherwise make available via the Service. mbpictorial.com cannot control the information provided by users which is made available through the Services. Users may find other users’ information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Site. You understand that you, and not mbpictorial.com, is responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
Purchasing Art
You must be a Registered User in order to purchase the Art. Buyers are obligated to complete the sale transaction upon completion of the check-out process. Placing an order on mbpictorial.com constitutes an irrevocable acceptance of the purchase once the shipment has been made by us or if the artwork is in transit. Unless rescinded/cancelled by MB Pictorial on account of any prior or continuing breach by the buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between MB Pictorial(Artist) and the buyer.
All artwork posted for sale on the Website is supported by an authenticity guarantee from the Artist, herself.
Ownership Transfer
The Art shall be and remain the risk of the Artist until it is shipped to the buyer, and thereafter the risk shall shift to the buyer.
Return Process
Once sold original paintings whether they are downloadable or shippable are not exchangeable or returnable. The artworks will be delivered/shipped to the Buyer directly by the MB Pictorial through a courier service selected either by the seller or by us. Buyer are strongly advised to take out insurance for shipping the artwork. We are in no way liable for the condition of the artwork at any point in transit/delivery process. Insurance and shipping fees associated with the shipment of the piece of Art shall be the sole responsibility of the buyer, and mbpictorial.com shall have no obligation to reimburse the buyer for such amounts.
Buyer is also advised to confirm and make sure of all the things related to the artwork before buying. Buyer can write on contact page or suggest a google meet for further questions. You agree and understand that after the sell complaints regarding not liking the artwork won’t be valid because of above precautions.
While great care is taken to reproduce the colours and form of paintings as depicted on the website, it is understood that since each painting is individually painted there may be variations in shade and colour. No complaints in this regard would be entertained. MB Pictorial is not obligated to provide any physical preview of the artwork either before or after the sale.
No Agency
You and MB Pictorial are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
RESTRICTED ACTIVITIES
Any information you provide during the registration, purchase process and your activities or user of the Services on the Site shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent or involve the sale of counterfeit or stolen items; (iii) infringe MB Pictorial’s artwork or other proprietary rights or rights of publicity or privacy; (iv) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (v) be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (viii) create liability for mbpictorial.com or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
TAXES
4.1 Taxes: You are responsible for paying all fees/costs/charges associated with the use of the Website to purchase art/products and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
4.2 Non-payment: MB Pictorial reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of purchase by you to MB Pictorial. MB Pictorial also reserves the right to take legal action in case of non-payment of purchase by you to MB Pictorial.
Disclaimer
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.
No warranty
The art, site and services, including all content, functions, materials and information made available on or accessed through the site or the services, are provided on an “as is” and “as available” basis without representations or warranties of any kind whatsoever, express or implied, including without limitation, non-infringement, merchantability or fitness for a particular purpose. mbpictorial.com does not warrant that the art, services or the functions, features or content of the site will be timely, accurate, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the art, site or services will meet users’ requirements or expectations, and expressly disclaim any warranties or guarantees that by listing art on the site, the listed art will be sold. If you are dissatisfied with the site or any services, your sole remedy is to discontinue using the site and the services. mbpictorial.com makes no warranty regarding any art purchased or obtained through the site or any transactions entered into through the services. no advice or information, whether oral or written, obtained by you from mbpictorial.com or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to certain users. mbpictorial.com expressly disclaims any endorsement or warranty of any art sold on or through the services, and any responsibility for any misrepresentations or breaches committed by another user.
Limitation of Liability
In no event shall mbpictorial.com is liable for any damages of any kind arising from (i) any injury to any person or property caused by the art (ii) defects in such art on any theory of liability or (iii) any return of any art. In addition, in no event shall we be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services, the site or its content, including without limitation, loss of revenue or anticipated profits or lost business or lost sales, even if mbpictorial.com or an authorized representative thereof has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to certain users. In no event shall the total liability of mbpictorial.com to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence, product liability or otherwise) arising from these terms of service or your use of the site and the services exceed, in the aggregate, actual price of the Art(s) Work.
Intellectual Property
The copyright, artworks (paintings) or any other Intellectual Property Rights subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes or any other material prepared by the Artist(MBpictorial) whether readable by humans or by machines shall belong to the Artist(MBpictorial) absolutely and they shall not be reproduced or disclosed or used in their original or translated form by the Buyer without the Artist(MBpictorial) written consent for any purpose other than that for which they were furnished.
The Buyer or 3rd party shall indemnify Artist(MBpictorial) against all claims whatsoever for damages and costs and against all liability in respect of any infringement of patent or other intellectual property rights resulting from compliance with the Buyer’s instructions express or implied and the Buyer will fully indemnify Artist(MBpictorial) against any liability in respect thereof and shall pay all costs and expenses which may be incurred by Artist(MBpictorial) in reference to any such claim.
MB Pictorial Service
MB Pictorial reserves the right to modify or terminate the MB Pictorial service for any reason, without notice, at any time. MB Pictorial reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If MB Pictorial makes a material change MB Pictorial will notify you here, by email, by means of a notice on our home page, or other places MB Pictorial deems appropriate. What constitutes a “material change” will be determined at MB Pictorial’s sole discretion, in good faith, and using common sense and reasonable judgment.
Third Party Links
Where mbpictorial.com provides links to third party Internet sites, no representations or endorsements are made in connection with such sites. mbpictorial.com is not liable for any damages or injury arising from use of such sites.
Modification & Availability
mbpictorial.com may, at any time, delete, modify or supplement the content of the Site without prior notice. mbpictorial.com reserves the right, for any reason, at its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Services, including, but not limited to, content, features or time of availability. mbpictorial.com may also impose limits on certain features of the Services or restrict your access to part or all of the Site or the Service without notice or penalty.
Monitoring
You agree that mbpictorial.com has the right, but not the obligation, to monitor at any time, for any reason at its sole discretion, all material and content on the Site. mbpictorial.com reserves the right at all times to edit disclose or refuse to post any material or information or request removal of or remove any material or information from the Site.
Service Integrity
mbpictorial.com makes reasonable commercial efforts to make its Services and Site available at all times. However, mbpictorial.com is not responsible for any interruptions, including, but not limited to, interruptions that may affect the receipt, processing or acceptance of any aspect of a sale.
Injunctive Relief
It is understood and agreed that, notwithstanding any other provisions of these Terms of Service, breach of the provisions of these Terms of Service by you will cause mbpictorial.com irreparable damage for which recovery of money damages would be inadequate, and that we shall therefore be entitled to obtain timely injunctive relief to protect our rights under these Terms of Service in addition to any and all other remedies available at law or in equity.
Severability
In the event that any provision of these Terms of Service shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms of Service unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Entire Agreement
These Terms of Service comprises the entire agreement between you and mbpictorial.com and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Service.
Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights that you may have against the seller.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, that any dispute, controversy or claim arising out of or relating to this agreement or the breach thereof, shall be submitted to the exclusive jurisdiction of the courts at Amravati, Maharashtra where the proprietorship is based. If this is acceptable to you, please go ahead and use the site otherwise please do not use the website.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND mbpictorial.com. BY CLICKING ON THE “I AGREE” BUTTON AT THE END OF THIS AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 as applicable in India . This electronic record is generated by a computer system and does not require any physical or digital signatures.