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By placing an order on www.kynkyny.com, the User is deemed to have accepted the terms and conditions listed below. Kynkyny reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read these terms and conditions carefully each time he or she decides to make purchases based on the perusal of the website www.kynkyny.com.
All artworks and information displayed on www.kynkyny.com constitute an “invitation to offer". Your order for purchase or use of Kynkyny’s online services constitutes your "offer" which shall be subject to the terms and conditions listed below. Kynkyny reserves the right to accept or reject your offer.
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.
The agreement between you and Kynkyny shall be subject to the following terms and conditions:
1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian
2. All prices are in Indian Rupees (unless indicated otherwise).
3. All prices and availability of artworks are subject to change without prior notice at the sole discretion of Kynkyny.
4. The artworks made available for sale on the website may not always be in the physical possession of Kynkyny and may be physically located anywhere in the world.
5. All artworks made available for sale on the website will be sold at the price listed and no discounts will be granted to the User. The price of the artwork listed does not include duties, taxes, shipping and handling, which will be charged as applicable, and would depend on the physical location of the artwork as well as the shipping address provided by the User. 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 artworks.
6. The User agrees that the User is liable for any duties and taxes that might be applicable on the purchase as per clause 5 above and such charges shall be payable in addition to the price of the artwork.
7. Placing an order on www.kynkyny.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by Kynkyny within 2 working days on account of a default by the Seller or any prior or continuing breach by the User, such acceptance results in an enforceable contact of sale. The contract of sale is between Kynkyny (acting as the agent of the Seller) and the User. Kynkyny shall not entertain any request by the User for cancellation of orders placed on the site.
8. Once an order is placed on www.kynkyny.com, the User is required to make payment for the price of the artwork, as well as the charges referred to in clauses 5 and 6 above, within 7 working days from the date of placing the order. Proof of remission of payment must be immediately provided. In the event that Kynkyny does not receive payment within 7 working days, Kynkyny reserves the right to cancel the order without prior notice to the User. Alternately, and without prejudice to the foregoing, Kynkyny may, at its absolute discretion, hold the artwork for the User 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. In a credit card transaction, the User must use his or her own credit card. Kynkyny will not be liable for any credit card fraud. The liability of using a card fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
10. 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 Kynkyny are completed, and payment has been realized in full including any additional charges.
11. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the User.
12. In the event that the User chooses to collect the artworks from Kynkyny herself, she must do so within two weeks of Kynkyny 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 Kynkyny.
13. Kynkyny is authorized by the Sellers to exercise complete discretion in (i) the illustration and descriptions of artworks for viewing and sale and (ii) the acceptance or rejection of orders received.
14. All artwork displayed on the website is supported by an authenticity guarantee from the Seller. Based on this, Kynkyny will issue a specific authenticity guarantee for every artwork sold on the Website.
15. You, (the User) 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.
16. The User warrants that all the information furnished at the time of registration is true, authentic and correct, and any change in the information provided will be updated and intimated to Kynkyny immediately. Kynkyny is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration at any point of time. Where Kynkyny forms a reasonable view that any or all of the above information is inaccurate or untrue, the registration may be suspended or cancelled, and the User debarred from using the services of www.kynkyny.com. However, such registration will be restored immediately on the User furnishing information to the satisfaction of Kynkyny.
17. 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 Kynkyny for redelivery shall be claimed from the User placing the order.
18. Kynkyny shall not be liable for any delay / non-delivery of purchased artworks due to delay by the couriers, flood, fire, wars, acts of God or any cause that is beyond the control of Kynkyny.
19. Kynkyny will not be responsible for any damage suffered by users from use of the services on this site. 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.
20. Kynkyny follows a strict No-Returns policy.
21. Kynkyny assumes full responsibility for the process of insuring all products shipped to our customers.
22. The User expressly agrees that the use of the services of Kynkyny is at the User’s sole risk. The services of the Kynkyny website are provided on an "as is" basis without warranties of any kind, whether express or implied. Kynkyny, 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. Kynkyny does not represent or warrant maintaining the confidentiality of information; although Kynkyny’s current practice is to utilise reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the Seller and the User.
23. This agreement shall be construed in accordance with the laws of India to the exclusion of all other laws. The Courts at Bangalore, India shall have exclusive jurisdiction in any proceedings arising out of this agreement
Please refer to the Disclaimer and the Privacy Policy , which, along with these terms and conditions govern your use of the website.
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