Terms & Conditions | krishartsphotography

GENERAL
In terms of the Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
You are advised to read and understand these Terms carefully as moving past the home page, or using any of the Products shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with any other policies on the website.
This document is published in accordance with the provisions of Information Technology regulations that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of:
The website www.kartphostudios.in, (hereinafter referred to as "Website"), is owned and operated by KARTPHO STUDIOS (hereinafter referred to as "STUDIO"), For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You" & "User" shall mean any natural or legal person who has agreed to become a User of the Website by using the Website and availing its services. The terms "We", "Us", "Our" shall mean the STUDIO. “Agreement” shall mean and refer to this Terms of Use, including any amendments that may be incorporated into it. “Products” shall mean the products sold under the STUDIO’s brand, “Third Party” shall mean and refer to any individual(s), STUDIO or entity apart from the User and the STUDIO.
The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.
We hold the sole right to modify the Terms of Use without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Use and stay updated on its requirements. If You continue to use the Website or avail any of its Products without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon your compliance with the Terms of Use, including but not limited to compliance with the Terms of Use even after alterations, if any.

ELIGIBILITY
The use and access of the Website and Products is that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

TERM AND TERMINATION
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect till the User continues to access and use the Website. The STUDIO reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Products offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same or by notifying us that you no longer wish to use our Services, or when you cease using our site.

CHARGES
The browsing and use of the Website is free of cost. The Products availed by the User from the Website have to be paid for according to the price set by the STUDIO for the listed Products. We reserve the right to amend the prices of Products at any point on the Website.

SALE AND PAYMENT GATEWAY AND SECURITY
All orders must be in writing and are accepted subject to these Terms and Conditions of Sale. No terms or conditions put forward by User and no representations, warranties, guarantees or other statements not contained in STUDIO's quotation or Acknowledgement of Order nor otherwise expressly agreed in writing by STUDIO shall be binding on STUDIO. The Contract shall become effective only upon the date of acceptance of User's order on STUDIO's Acknowledgement of Order form or upon the date of fulfilment of all conditions precedent stipulated in the Contract, whichever is the later (the "Effective Date "). If the details of the Goods described in STUDIO's quotation differ from those set out in the Acknowledgement of Order Form the latter shall apply. No alteration or variation to the Contract shall apply unless agreed in writing by both parties. However, STUDIO reserves the right to effect minor modifications and/or improvements to the Goods before delivery provided that the performance of the Goods is not adversely affected and that neither the Contract Price nor the delivery date is affected.
The payment for Indian territory is handled by the third party payment gateway Shopify, while for overseas customers prints are put on sale with Fine Art America Shop on the Facebook page. Hence the STUDIO holds no responsibility in case of any errors during the payment, it is purely subjected to Users risk & third party sites.
It is understood by the STUDIO that User has read the Terms & conditions clearly before making a payment or purchase.
Payment charges are inclusive of taxes & the shipping charges. However STUDIO holds the rights to make changes on the price with or without taxes and shipping charges in future without any notice to Users at any time of the year. New Prices are effective as soon as the changes are made on the product price details. But if the user has bought a product before the changes made for certain price, it is understood that there won’t be any changes or no further charges will be added for the product purchased by the User and the deal is considered closed upon delivery of the item for the same price.
It is expected of the User to constantly check on the messages from the site for any shortage of the materials.
If the User makes a order during shortage, the User is expected to understand the delay of delivery due to shortage. If User is not okay with the delay STUDIO shall make sure to return the product value paid by the user after deducting the 2% payment gateway charges, 1% Professional charges along with the 2 % order cancellation charges from the final price paid by the User , for that particular transaction.
Cancellation of a order may incur same charges (i.e) 2 % payment gateway charges , 1% Professional charges along with the 2 % order cancellation charges.
Cancellation or Change of product choice for the payment made is not accepted once the product was already printed or when product was already shipped scenarios.

TAXES
The User takes full responsibility for payment of all taxes and fees that are levied or arise in the course of use of the Website. There are sometimes laws and taxes that affect Internet e-commerce. The User agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the STUDIO and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the User’s exercise of Internet e-commerce.

DELIVERY AND WARRANTY
We do not run the courier service, hence all delivery period mentioned by the STUDIO is only a tentative date and we hold no liability of the product once it has been shipped. We are not responsible for mishandling of the product but the courier services.
We shall try to ship it through a service that provides tracking of the package only if it is available for the Users location. The User is sole responsible to track and collect the shipment.
If delivery is delayed due to any act or omission of User, or if having been notified that the Goods are ready for despatch, User fails to take delivery or provide adequate shipping instructions, STUDIO shall be entitled to place the Goods into a suitable store at User's expense. Upon placing the Goods / package into the store / neighbours of the user , delivery shall be deemed to be complete, risk in the Goods/ package shall pass to User and User shall pay STUDIO accordingly if any.
Material or Ink warranty of the print is subjected to the manufacturers not the STUDIO. The STUDIO puts all best efforts to use , make a good print from the best materials available in the market. It is the Users’ responsibility to check on the type of materials used by the STUDIO before purchase & STUDIO holds no responsibility if the claims were made after the order was placed.
Only in genuine cases the STUDIO shall consider to reimburse the purchase amount upon receiving back the print from the User to maintain a good will Life of the materials are as guaranteed by the manufacturer , STUDIO has no responsibility on that except for to use them.
STUDIO as such is not providing any warranty or guarantee for the prints that User purchases.

USER’S OBLIGATIONS
The User undertakes to fulfil the following obligations. Failure to satisfy any of these obligations gives Us the right to permanently suspend Your account and/or claim damages for any losses that accrue to Us or additional costs that may be imposed on us.
You hereby certify that you are at least 18 years of age.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
You understand that your content (not including credit card information), may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product & Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You agree to comply with all local laws and regulations governing the use of the Website, including, without limitation to, any usage rules set forth in this Agreement.
You agree and undertake that You are accessing the Website and transacting at Your sole risk and that You are using Your best and prudent judgment before availing any Products listed on the Website, or accessing/using any information displayed thereon.
You undertake not to use the site or its content:
for any unlawful purpose;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, blackmail, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
to collect or track the personal information of others;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses

INTELLECTUAL PROPERTY RIGHTS
All rights related to the Website design, text, graphics and other content, the selection and arrangements are licensed to the STUDIO. The content of this Website is protected by international copyright laws and other intellectual property rights. All STUDIO names and logos mentioned in this Website or on the Products are the trademarks, service-marks or trading names of the STUDIO. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute by any means or in any manner, any material or information on the Website or downloaded from this Website including but not limited to text, graphics, video, messages, code and/or software without Our prior written consent, except where expressly invited to do so.
You may not, republish any portion of the content on any Internet, Intranet or extranet site or incorporate the content in any database, compilation, archive or cache. You may not distribute any content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the content. You may not scrape or otherwise copy our content without permission. You agree not to decompile, reverse engineer or disassemble any software or other Ser or processes accessible through the Website, not to insert any code or manipulate the content of the Website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.
You may not use any of Our intellectual property in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Us in any way.
If You believe Your work has been copied in a way that constitutes infringement or are aware of any infringing material on the Website, please contact Us [.]/ email us at kartsandphotography@yahoo.com.

GEOGRAPHICAL EXTENT
The Website can be used in all countries worldwide. We make no representation that materials or content available through our Website is appropriate or available for use in all countries.
If You access or use the Website from a country or location apart India, You are solely responsible for compliance with necessary laws and regulations for use of the Website.

AMENDMENT
We may modify, replace, refuse access to, suspend or discontinue the Products, partially or entirely, or add, change and modify prices for all or part of the Products for You or for all Users at any time and in Our sole discretion. These changes shall become effective upon providing a notice of the same to You via email/ the home screen of the Website. We further reserve the right to withhold, remove and or discard any content available as part of Your account, with or without notice, if deemed by Us to be contrary to this Agreement.

DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, PRODUCTS AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE WEBSITE MAKES NO WARRANTY THAT
YOUR REQUIREMENTS WILL BE MET OR THAT PRODUCTS PROVIDED OR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
ANY ERRORS OR DEFECTS IN THE WEBSITE, PRODUCTS OR OTHER MATERIALS WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR TIMELIER SOURCES OF INFORMATION. ANY RELIANCE ON THE MATERIAL ON THIS SITE IS AT YOUR OWN RISK.

THIS SITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE.

WE HAVE MADE EVERY EFFORT TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLOURS AND IMAGES OF OUR PRODUCTS THAT APPEAR AT THE STORE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR'S DISPLAY OF ANY COLOUR WILL BE ACCURATE.

IN NO CASE SHALL Kartpho Studios (OPC) Private Limited, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Kartpho Studios (OPC) Private Limited AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY.
LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, PRODUCTS OR MATERIALS.

WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR PRODUCTS. THE ADVERTISEMENTS AND DATA AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND PRODUCTS ARE FOR INFORMATION PURPOSE ONLY.
THE WEBSITE AND THE STUDIO ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WHETHER ON BEHALF OF ITSELF, ANY SERVICE PROVIDERS OR THIRD PARTIES, OR FOR ANY WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU OR FOR ANY DAMAGE CAUSED TO YOU, YOUR PROPERTY OR ANY THIRD PARTY, RESULTING FROM THE USE OR MISUSE OF ANY OR SERVICE AVAILED OF BY THE USER FROM THE WEBSITE.
WE RESERVE THE RIGHT, BUT ARE NOT OBLIGATED, TO LIMIT THE SALES OF OUR PRODUCTS OR SERVICES TO ANY PERSON, GEOGRAPHIC REGION OR JURISDICTION. WE MAY EXERCISE THIS RIGHT ON A CASE-BY-CASE BASIS. WE RESERVE THE RIGHT TO LIMIT THE QUANTITIES OF ANY PRODUCTS OR SERVICES THAT WE OFFER. ALL DESCRIPTIONS OF PRODUCTS OR PRODUCT PRICING ARE SUBJECT TO CHANGE AT ANYTIME WITHOUT NOTICE, AT THE SOLE DISCRETION OF US. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE ON THIS SITE IS VOID WHERE PROHIBITED.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
DISPUTE RESOLUTION, GOVERNING LAW AND JURISDICTION

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the sole proprietorship reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow. The dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996, by a panel of 1(one) arbitrator appointed by the STUDIO. Arbitration shall be held at New Delhi. The proceedings of arbitration shall be in English. The arbitrator’s award shall be final and binding on the Parties.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of Punjab, India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in [.], India and You hereby submit to the jurisdiction of such courts.

PRIVACY
We encourage you to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

NOTICES
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the STUDIO by the User reducing the same to writing, and sending the same to the registered office of the STUDIO by Registered Post, or sending an email to: kartsandphotography@yahoo.com.

MISCELLANEOUS PROVISIONS
Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links: Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions: If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies and Omissions: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Revision: You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact Information: Questions about the Terms of Service should be sent to us at kartsandphotography@yahoo.com.
Handling: Prints are advised not to be exposed to direct sunlight, water or moisture for longevity. Prints are advised to be framed under a UV glass for longer shelf life. Prints are advised to be handled by wearing a glove to avoid finger prints. Prints though printed with pigment ink are advised to be kept away from water or wet substances. Prints should not be bent / folded at any case while receiving the package, or crushed or hit or no heavy object to be kept on the package. Any such mishandling of the above points done by anybody once couriered, the STUDIO holds no responsibility after delivery.
Force Majure: Force Majeure of any kind, unforeseeable production, traffic or shipping disturbances, war, acts of terrorism, acts of god like fire, floods, earth quake, unforeseeable shortages of labor, utilities or raw materials and supplies, strikes, lockouts, acts of government, and any other hindrances beyond the control of the STUDIO which results in failure to deliver or return the order money, User is expected to understand the situation and relieve the STUDIO from all legal entities if any.
Return Policy: Our return policy lasts only till we courier the product. Unfortunately we are not prepared to offer exchange or refund right now in general. Please do not send your purchase back to us just like that, try contacting us & explain your discomfort. We will try to figure out the possible solution. However there are certain situations where only partial refunds are granted:
Package or Print not in its original condition, is damaged that it cannot be of a good use at all.
In case of damaged good at the time of receiving, we might require a photo & possibly a very short video proof on the state of item just as received emailed to us at kartsandphotography@yahoo.com. We also expect the User to return the package.
Refund policy: Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If it is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
To return your product, you should mail your product to: Kartpho Studios (OPC) Private Limited, G6, Kannika Nivas, Varadachari Street, Renga NGR, Srirangam, Tiruchirappalli , TN, 620006, India.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
You should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Late or missing refunds: If you haven’t received a refund yet, first check your bank account again. Then contact your credit card / debit card / net banking STUDIO, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at kartsandphotography@yahoo.com.