Last updated: 05/06/2018
Your privacy is important to us, and we understand how important it is to you. Our aim is to be as clear and open as possible about what we do and why we do it.
We've set out all the details below.
Please take the time to read and understand this policy.
To help you, we've included some links to other websites. It's worth remembering though that other people, not us, control these websites. We're not responsible for them.
- 1. About Us
Seventh August IT Services Pvt. Ltd. (“Company”) is the operator and licensee of www.artoreal.com
(“Website”) And the Company can be contacted by clicking Contact Us.
- 2. When do we collect your personal data?
a) Direct interactions
You may give us your Identity, Contact, Special Category and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes sharing of personal data for the following purpose
- By registering accounts on our website including setting up passwords and preferred user names, contact details, account details;
- Ordering our products or services;
- Subscribe to our service or publications or newsletters;
- Request marketing material notifications to be sent to you;
- Membership start and end date;
- Records of your interactions with us such as telephone conversations, emails and other correspondence and your instructions to us;
- Enter a contest, promotion or survey;
- Providing your feedback;
- By filling in forms, for example when you sign up to offers, news or a contest;
- By sending us emails and text messages (SMS or MMS or WhatsApp or Chat Service);
- By adding posts, reviews and other comments to our website;
- By liking or disliking our offers and promotions;
- By adding offers, promotions or products to your shopping / wish lists on our website;
- By interacting with us on social media platforms such as Facebook or twitter etc.;
b) Automated technologies or interactions.
Log Files. Log information is data about your use of the Service, such as IP address, browser type, referring/exit pages, operating system, date/time stamps, and related data, which is stored in log files.
c) Third parties or publicly available sources.
We may receive aggregated personal data about you from various third parties as set out below:
- Technical Data from the following parties:
- Analytics providers such as Google, Facebook, etc.;
- Social media platforms such as Facebook or twitter, etc.;
- Advertising networks; and
- Search information providers.
What sort of personal data do we collect?
We may collect, store, and use the following categories of personal information about you:
a) Identity Data
- First name
- Last name
- System generated unique ID
- Shop Name
- Date of birth
- National Insurance or TAX ID number / PAN card
- Driving licence
b) Contact Data
- Billing address
- Shipping / Delivery address
- Email address
- Telephone numbers
c) Financial Data
- Bank Account Number
- Name as per Bank Account
- GSTIN – Indian Customers
d) Transaction Data
Details about payments to and from you and other details of products and services you have purchased from us. These include:
- The time, date and location of purchase;
- The products you buy from us;
- Any relevant billing, delivery address;
- Any vouchers, coupons or other alternative means of payment you may use, as well as relevant transaction id and payment method while making payment.
e) Technical Data
- Internet protocol (IP) address;
- Your login data;
- Browser type and version;
- Operating system and platform and other technology on the devices you use to access this website;
- Information where you came to our site from, and where you went when you left it.
f) Profile Data
- your username and password;
- purchases or orders made by you;
- your interests, preferences, feedback and survey responses;
- Profile image;
- About and;
- Products you uploaded for selling in case of a seller.
g) Usage Data
- Information about how you use our website, products and services;
- Information on what you view, click on access by way of our marketing emails and text messages, website and mobile.
h) Marketing and Communications Data
Your preferences in receiving marketing from us, our third parties, and your communication preferences.
i) Aggregated Data (sometimes referred to a pseudonymised data)
j) Special Category Data
We do not collect, store and use the following “special categories” of more sensitive personal information regarding you.
- Information about your race or ethnicity, religious beliefs and sexual orientation;
- Information about your health, including any medical condition, health and sickness records, medical records and health professional information;
- Any criminal records information in relation to you, and
- Biometric information about you, for example fingerprints, retina scans.
- 3. How and why do we use your personal data?
We will only use your personal information when the law allows us to. We will use your personal information in the following circumstances:
- The processing is necessary for reasons of substantial public interest, or for official purposes or requested for by the CBI, police or governmental authorities on a lawful basis;
- It is necessary for the establishment, exercise or defence of legal claims;
- It is necessary for the purposes of carrying out the obligations and exercising our or your rights in the field of employment and social security and social protection law; or
- Based on your explicit consent.
- Where we need to perform the contract we have entered into with you;
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
a) Legitimate Interest
- Means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience;
- We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests;
- We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
We may also use your personal information in the following situations, which are likely to be rare:
- Where we need to protect your interests (or someone else's interests);
- Where it is needed in the public interest or for official purposes.
b) Purpose/ activity, type of data and lawful basis for processing
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
(a) Registering or Performance of a contract with you
(b) Your consent
(c) Necessary for our legitimate interest to set up and manage your account
To process and deliver your order including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(e) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to fulfil your order or recover debts due to us)
To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(c) Responding to your queries and comments, social media posts and questions.
(d) Marketing and Communications
(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
(d) Your consent
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
(e) Marketing and Communications
Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics gathered from our website to improve our website, products/services, marketing, customer relationships and experiences
(c) Aggregated Data
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
(f) Aggregated Data
Necessary for our legitimate interests (to develop our products/services and grow our business)
To power our security measures and services in order to protect you and our business
Necessary for our legitimate interest so you can safely access our website and mobile apps. It also lets us do things such as recognise your username and password, as well as reset them if you happen to forget what they are.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
If you have expressly opted-in to receive marketing from us we may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
e) Third-party marketing
We will get your express opt-in consent before we share your personal data with any company outside artOreal for marketing purposes.
f) Opting out
You can ask us or third parties to stop sending you marketing messages at any time by clicking Contact Us.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service subscription / purchase, product/service experience or other transactions.
g) Change of purpose
We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- 4. Disclosure of Personal Data
On occasion we may have to share your personal data with the parties set out below for the purposes set out.
a) Internal Third Parties
Companies, brands and businesses within our group. For example, we’ll share information from our online business with www.tumbhi.com and there are similar arrangements between our other online businesses. This is because we hope to have a relationship with you across all our different brands and businesses, if not now, then sometime in the future and we want to be able to provide you with the same value-for-money, high quality experience whenever and however you sell / shop with us. It’s also the only way we can provide you with the best benefits.
b) External Third Parties
- Service providers: acting as processors based within and outside the EEA who provide IT and system administration services.
- Professional advisers: acting as processors or joint controllers including lawyers, bankers, auditors and insurers based within and outside the EEA who provide consultancy, banking, legal, insurance and professional service providers.
- Regulators and other authorities: acting as processors or joint controllers based in India who require reporting of processing activities in certain circumstances.
- Other people who help us provide our websites, mobile apps and related services to you: They include information technology experts who design, develop and host our websites, and payment services companies that make it easy for you to use your credit or payment cards with us. Other examples include market research companies, marketing, advertising, design and PR organisations and general service companies such as printers, mailing houses and form-scanning service providers.
- Our insurers and insurance brokers: who provide us with comprehensive cover against the risks of running a business as big as ours. (They may keep this information for the purpose of ongoing risk assessment and insurance broking and underwriting services.)
- Banks and finance companies: where we have allowed them to offer you the possibility of buying our products on credit or with a loan arranged through online. (They may keep this information for their related banking and finance purposes)
- Third-party companies: whose products and services we sell, so they can better understand the profile of our customers who buy from or are interested in them. However, all the information we share will be collected and anonymised, so neither you nor any of your devices can be identified from it.
- With social media companies such as Facebook and Twitter: and our advertising partners to enable us to run targeted promotions for you on their platforms;
- Any new business partners: we may have over time, for example, in the event of a joint venture, reorganisation, business merger or sale that affects us.
- The Police, local authorities, the courts and any other government authority: if they ask us to do so (but only if us doing so is lawful).
- Other people who make a ‘subject access request': where we are required to do so by law.
- We may also share the information we collect where we are legally obliged to do so, e.g. to comply with a court order.
- Social media, blogs, reviews, etc.
- Any social media posts or comments you send to us: (on the artoreal Facebook page, for instance) will be shared under the terms of the relevant social media platform (e.g. Facebook or Twitter) on which they’re written, and could be made public. Other people, not us, control these platforms. We’re not responsible for this kind of sharing. Before you make any remarks or observations about anything, you should review the terms and conditions and privacy policies of the social media platforms you use. That way, you’ll understand how they will use your information, what information relating to you they will place in the public domain, and how you can stop them from doing so if you’re unhappy about it. It’s worth remembering too that any blog, review or other posts or comments you make about us, our products and services on any of our blogs, reviews or user community services will be shared with all other members of that service and the public at large. You should take extra care to ensure that any comments you make on these services, and on social media in general are fit to be read by the public, and are not offensive, insulting or defamatory. Ultimately, you are responsible for ensuring that any comments you make comply with any relevant policy on acceptable use of those services.
- Third parties: to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
c) International Transfers
We share your personal data within the artoreal Group on need to know basis with confidential obligation mentioned here in. This may involve transferring your data outside the European Economic Area ( EEA).
Some of our external third parties are based outside the European Economic Area ( EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
Where we use providers based in the US, we may securely transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on how we transfer your personal data out of the EEA.
- 5. How we protect your personal data?
A lot of the information we receive reaches us electronically, originating from your devices, and is then transmitted by your relevant telecoms network provider.
Where it's within our control, we put measures in place to ensure this 'in flight' data is as secure as it possibly can be.
Once it arrives at artoreal, you can be sure we take the security of your information very seriously.
We use appropriate procedures and technical security measures (including strict encryption, anonymisation and archiving techniques) to safeguard your information across all our computer systems, networks, websites, mobile apps and offices.
Sensitive data like, Passwords are protected for both data in transit and data at rest by data encryption. In addition to encryption, we have implemented robust network security controls to help protect data in transit. Network security solutions like firewalls and / or network access control to secure the networks used to transmit data against malware attacks or intrusions.
We use secure means to communicate with you where appropriate, such as 'https' and other security and encryption protocols.
If you have any concerns about the security of your own personal computers and mobile devices, we suggest you read the advice of ‘Get Safe Online’, which can be accessed here.
- 6.How long will we keep your personal data?
To make sure we meet our legal data protection and privacy obligations, we only hold on to your information for as long as we actually need it for the purposes we acquired it for in the first place.
In most cases, this means we will keep your information for as long as you continue to shop with us or use our services, and for a period of time afterwards if you stop doing so just in case you begin shopping with us again.
After that we will either delete it or anonymise it so that it cannot be linked back to you.
By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for 5 years after they cease being customers for tax purposes.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
- 7. What are your Rights of access, correction, erasure, and restriction over your personal data?
a) Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes by keeping your details up to date on your artoreal online account.
b) Your rights in connection with personal information
Under certain circumstances, by law you have the right to:
- Request access: To your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- No fee usually required: You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
- What we may need from you: We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
- Time limit to respond: We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
- Request access: Of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected. We may need to verify the accuracy of any new data you provide to us.
- Request erasure: Of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing: Of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which means we can continue to process your personal information.
- Request the restriction of processing: Of your personal information. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
- if you want us to establish the data's accuracy;
- where our use of the data is unlawful but you do not want us to erase it;
- where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
- you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer: Of your personal information to another party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Right to withdraw consent at any time: Where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
c) Fees for excessive or unreasonable requests
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
d) What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
- 8. Data Protection Officer
The term “Seller” shall include Artist(Photographers & Painters), Art Curator, Art galleries etc. proposing to offer their items for sale on the Website or directly to the Company.
To be eligible to sell items on the Website, the user is required to separately register on the Artoreal's Seller Registration Page on the Website. The seller shall provide details of the seller’s bank account as a part of the seller registration and update the same on regular basis for changes if any.
A user who wishes to sell items on the Website shall register with Artoreal by providing the requisite information/data on the Artoreal’s Seller Registration Page including details of the seller’s valid bank account. The seller shall provide true, correct and duly authorized data/information which shall not be misleading, fraudulent, false, unauthorized and/or otherwise illegal. Seventh August IT Services Private Limited (hereinafter referred to as the “Company”) shall have right to suspend/terminate the Registration and use of it's website by any seller if the Company discovers or it is brought to the Company's notice that the aforesaid data is misleading or does not comply with this agreement and the rules and polices made thereunder and in such case the seller shall be liable for all liabilities, risks, damages and consequences that may arise. If the Party represents and is registering as a business entity, by accepting this Agreement, it represents that such entity has sufficient authority under applicable law to enter into the agreement and are duly authorized by the business entity to accept this agreement and have the authority to bind that business entity to this Agreement.
Invoicing, Shipping & Product Liabilities
The Company shall act as mere facilitator and provide market place platform and provide marketplace services to sellers and shall charge facilitation fees for the same. In case of Original Artwork (Physical Goods) - the seller will dispatch the item to the Artoreal’s collection centre immediately after receiving the order. The cost of shipment, handling, insurance, etc., will be assumed to be a part of the price given by the seller. the Seller is required to Dispatch/keep packaged product ready within 2 days and inform the Company about the same by email. The Seller should ensure that the Dispatch details if any are correctly provided to the Company. All shipping/courier charges will be borne by the Seller. Sellers are responsible for maintaining a high standard of packing and shipping the products, such that the Company receives it in undamaged condition and is satisfied by the service. The Company will ensure a quality check andalso generate an invoice on behalf of the seller to the buyer as a part of order fulfilment, and send the same through email to the buyer. In case of Photos, the Company will arrange for printing & framing and shipping to the buyer through its logistic partner. The Buyer shall deposit the requisite payment for the purchase of the Artwork with Artoreal. The amount receivable by the Seller will be the listed price given by the Seller less the facilitation fees + taxes + Courier Charges, if applicable. Artoreal shall forward the Artwork along with invoices on behalf of the Seller, as well as invoices for logistics/order fulfilment, etc to the Buyer. Payments for sale will be facilitated by Artoreal subject to the guidelines of the Reserve Bank of India.
The seller shall be entirely responsible for providing art pricing, shipping including payment of all applicable taxes such as GST or any other taxes applicable to them for the sale made. It is further agreed that any and/or all liabilities that may arise from use, consumption, quality of goods to be sold, deficiency in service, damage, loss or any incidental matters arising therefrom, shall be borne solely by the respective seller and the Company shall not be responsible in any way for the same under any circumstances whatsoever.Post sales, delivery of goods to the customers and customer satisfaction will be responsibility of the seller. Any warrantee/ guarantee of goods and services sold will be responsibility of the seller.
Hold, Suspend or Termination of Seller Registration
In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or any other applicable policy, by the seller, the Company may, at its sole discretion, suspend and/or terminate Seller Registration or may put the remittances on hold with respect to such seller. The Company may reinstate or activate seller’s Seller Registration or remit the transaction price to seller subject to the seller mandatorily providing such information, data, documents and agreeing to undergo such verification as may be desired by the Company and as provided in the rules and polices made thereunder. Seller’s Registration is subject to the seller remaining an active User of the Website.
Upon identifying or being notified by any person or by law enforcement agency that the seller has violated any law in the performance of the Transaction, the Company may immediately suspend the Seller’s Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
Know Your Customer (KYC) Documentation of Seller
At the time of Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from seller and further usage of the Website shall be subject to seller’s submission of KYC Documents. 'KYC Documents' shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the seller’s bank account provided by seller at the time of registration with artoreal.com or at any subsequent date.
The Company may seek KYC Documents from the seller at any point of time during the subsistence of this policy for compliance with the provisions of the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.
The Seller authorises the Company to perform certain checks before remitting the transaction price to the Seller’s bank account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s valid Bank Account and require the Seller to furnish certain documents for verification purposes.
Charges Applicable to Sellers
The Company shall levy facilitation fees (for acting as a facilitator to sell on the Website) to the sellers in accordance with Annex 2 incorporated herein by reference. The Company will send the seller two invoices in a month that will reflect the facilitation fee:
- One invoice on the 16th day of the month – for all orders placed between the 1st – 15th of the month, and
- One invoice on the 1st day of the month – for all orders placed between the 16th – last day of the month.
The Company reserves the right to change the Facilitation Fee Structure and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website. Any such changes shall be effective from the time that the Company posts the same on the Website.
The seller shall be responsible for paying all charges associated with the use of the Website and agrees to bear any and all applicable taxes, charges, cess and surcharges etc., levied thereon. The seller shall pay/remit the appropriate charges to the Company or the Company will deduct such charges from the transaction price to be remitted to the seller. The Company shall issue invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the seller irrespective of any charge back, refund or non-fulfilment of the Transaction.
The Company reserves the right to set minimum and maximum transaction limits, on the Website as it may determine for the safety of its users.
All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale. If the artwork comes in different colour or sizes, the seller should have a separate listing for artworks belonging to different colours and sizes. The Seller shall not list and propose to sell any item on the Website as mentioned in the list of Restricted Items set out in Annex 1 hereto.Seller shall be solely responsible for accuracy of the product description.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the seller who is listing the item. The seller hereby agrees that he/she/it shall not list an item if he/she/it is not in a position to dispatch it immediately within two (2) days of receiving the order.
The seller shall not make any listing in the nature of 'wanted advertisements' that do not offer to sell an item but invites users to make an offer for sale of any item.
The seller shall also not make any offer, either online or offline, or by making another listing on a different website, to sell an item at a lower price than the price he/she/it has made with respect to such an item on the Website. The seller will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances the seller will attempt to divert any user through his/her/its listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or in violation of any applicable law or terms of the policy. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting, the Company will take best efforts to remove such listing at its sole discretion, within seven (7) days of receiving such reporting.
No Infringement of Intellectual Property of Company and Third Parties
The seller must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. You cannot provide artwork that you do not have the right to offer for sale, unless you have the owner's permission; this includes material covered by someone else's copyright or any other proprietary right. Listings may only include content generated by the seller in the form of text descriptions, graphics and pictures, audio or videos that describe item for sale. Seller agrees that use of logos or trademark owned by a third party or manufacturer can lead to infringement of intellectual property rights of such third party. In such case, seller will be solely responsible for listing and use of such trademark or intellectual property on the Website, and shall hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. Seller further agrees that under no circumstances, he/she/they/it shall use brand names or trademarks of Company or any other person, not owned by him/her/them unless the manufacturer or producer permits the seller to use such Brand/Trademark in compliance of prescribed procedure of the concerned Trademarks Registry. Seller shall not represent to any User or third party, in any manner, about affiliation or association with the Website or the Company or claim any right to represent the Website or the Company. Additionally, Sellers deemed to be “Professional Artists” as described by Artoreal would have to furnish a certificate signed under his/her hand claiming that the artwork does not vary from the description it is purported to have, thereby increasing the authenticity of the artwork.
Appropriate Description in Listing
Seller shall be responsible for providing information relating to the items offered to be sold by seller on the Website. The seller undertakes that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. Seller shall not exaggerate or over emphasize the attributes of any items seller propose to sell on the Website so as to mislead other users in any manner. The Seller agrees that If the item description does not match the actual condition of the item, it may result into an order cancellation and seller agree to waive/refund any amounts that seller may be eligible to receive for that product. The seller agrees not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. Seller shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in seller’s listing.
Seller shall not provide any information which will enable a buyer to contact seller outside the Website to buy such item directly from seller instead of buying it from the listing on the Website. Seller shall not solicit users to send seller payments by any method.
Any image used in the listing must be of the actual item proposed to be sold on the website and shall not copy images from other listings available on the Website.
Seller cannot disclaim any liability including liability with respect to authenticity, merchantability of items that he/she offer to sell on the Website.
Seller shall not endorse any item other than that being listed by seller anywhere in the Website. Seller agrees not to provide any description in any listing made by him/her in any manner that suggests he/she is/are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless he/she is/are the manufacturer or producer, or he/she have obtained a written permission or entered into an agreement with such manufacturer or producer under which he/she is entitled to represent as such.
Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the rules and policies made thereunder that apply to the main item shall apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.
Seller represents and confirms that he/she be the sole and exclusive legally authorised owner of all items of any description that he/she proposes to be offer for sale on the Website. Seller shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by him/her on the Website. If it comes to seller’s knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or applicable laws, he/she shall take all steps to inform the Company of the same forthwith.
Unfair Consumer Practice
Seller shall not engage under any circumstances whatsoever in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986, as amended from time to time.
Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, he/she accept that such reviews and rating may be adverse to his/her business, economic and other interests including reputation. Seller hereby relinquish any right he/she may have to take legal or any other action against persons who have provided such reviews/ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling seller’s items.
The Company reserves the right to issue a warning, temporarily/ indefinitely suspend or terminate seller’s membership of the Website and refuse to provide seller with access to the Website in case of non-payment of Facilitation Fee or any other fees payable by seller to the Company. The Company also reserves the right to take legal action in case of such non-payment.
Refusal to Sell
Once any User confirms a purchase of artwork uploaded by seller by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. Seller cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed.
The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which may be charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/exchange rate shall be borne by the buyer.
Seller hereby accepts the obligation to ensure high level of buyer satisfaction. In case of not meeting this requirement, the Company may at its sole discretion cancel seller’s listing, place limits on availability of services and facilities, suspend seller’s account, demand a security deposit for future listings or continue seller’s listings, impose higher fees and additional charges for permitting seller to continue using the Website for listing and selling items.
Ending of Listing
The seller understands and agrees that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within thirty (30) days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit, at its sole discretion. The listing of some artwork may end naturally if it results in a confirmed transaction.
Subject to payment by Payment Gateway at the time of Billing, upon successful receipt of the Transaction Price by the Company from the Buyer and completion of verification of payment, the Company shall notify the buyer and the seller that the Transaction Price has been received. The order stands “Completed” after five (5) days of delivery of the product to the Buyer and if the Buyer does not raise a refund/cancellation/return request within the same period. The Company shall pay the Seller invoices in respect of an item within 30 days after Completion of the order.
Rules for Dispatch
The seller is required to Dispatch the items for every Transaction to the Company within two  days from the receipt of order. Dispatch shall also mean and include keeping product ready by the Seller to be picked by the Company/ to be couriered to the Company.
- Seller must use Logistic supplier designated by artOreal. If in case artOreal’s logistic partner does not provide Logistic services in the seller area, Seller can use any good National Logistic Service Provider.
- In case of any default (i.e. deliver wrong product, quality issues in products, etc) or delay caused in time frame for dispatching mentioned herein seller shall be liable for penalty of @ 20% of the invoice value/amount i.e. Seventh August shall deduct 20% of invoice value and pay remaining 80% amount to Seller along with other agreed deductions (ie. facilitation fees + taxes + Courier Charges), provided the order is not cancelled because of the reasons mentioned above. The proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by seller for period of nine  months from the date of the Dispatch. The PODs should be furnished to the Company on demand within the timeframe as notified from time to time.
Remittance to sellers: The seller agrees that the Transaction Price paid by a buyer shall be remitted to seller’s bank account on 1st and 16th of every month except bank holidays contingent upon the following events:
- For all the deliveries, which status stands “Completed” as on 1st and 16th of every month. The order stands Completed after 5 days of delivery of the product to the buyer and if the buyer does not raise a refund/cancellation/return request within the same period.
- Buyer not taking any action on the Website to report non- receipt of item within seven  days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by seller to the buyer
- Buyer does not raise a refund claim within five  days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of this policy and the rules and polices made thereunder and/or applicable law
The Company reserves the right to keep on hold the remittance to the seller for purposes of safety of its users. In such case, the seller will be intimated and required to complete additional check and verification and the Company may contact the seller for verification of or additional information, details, data and documents. Remittances to the seller for their successful Transactions would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide Circular bearing No. RBI/2009-10/231 dated 24 November, 2009, or any amendment thereof from time to time.
Warranties and Undertakings
Seller warrants and undertakes that
- All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website does not in any way becomes a party to the contract for the sale of the item.
- In the event that:
- the seller fails to Deliver within the time prescribed; or
- the seller sells or Delivers any illegal, prohibited or counterfeit items; or
- the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
- there is any dispute relating to the Transaction, or
- the use of a Valid Card or Valid Bank Account by a buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
- the buyer claims a refund of or charges back the Transaction Price,The Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within seven (7) days of receipt of a notice to that effect from the Company, the seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
- Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act of commission or omission on seller’s part while entering into a transaction through the website artoreal.com.
Return and cancellation Guidelines:
- All Artwork must be checked by the Seller to ensure that it closely resembles the image on the Website. In case of a difference, the Company reserves the right to return the Product to Seller post the quality check. Also, if the artwork reached the Company damaged, and is determined to have been damaged in transit from Seller to Company, the Company is entitled to return the artwork to the Seller and cancel the order.
(Note: that in the event of a disagreement, Artoreal holds the right to make the final call.)
- Artoreal shall arrange for the return through logistics partner as per its original packaging along with accessories, if any, to ensure no further damage is caused to the product
- The Company may cancel the order if the Seller fails to deliver the product to the Company within stipulated time for reasons other than Company representatives unavailability to receive the product.
- If the Non-Delivery of product happens due to unavailability of the Company representatives at the mentioned address, the product shall be returned by the logistics partner to Seller, and intimation of non-delivery will be given to the Company.
- The Seller must check the artwork for any quality defects before it ships the artwork to the Company. However, in case a wrong product is delivered inadvertently, the Seller shall arrange to deliver the right product and arrange to return of the product delivered inadvertently. The Company also reserves the right to cancel the Transaction in any of the following conditions:
- If the seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
- If the verification documents submitted are invalid, tampered or forged; or
- If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Company; or
- If seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Company; or
- If the seller has listed an Item which violates this policy or the rules and polices made thereunder; or
- If the seller has Dispatched an item different from the description mentioned on the Transaction, or
- The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
- In all the above cases the Company shall not be held liable for any loss incurred by the seller arising out of such refund.
A chargeback occurs when the card-holder disputes a charge on his credit/debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to recover such amount from any amount paid to the Seller by the Company in respect of the transaction.
The Company will retain personal information in accordance with the privacy polices posted on the Website and any and/or all applicable laws.
LIST OF RESTRICTED ITEMS
- Alcohol which includes alcoholic beverages such as beer, liquor, wine or champagne
- Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
- Body parts which includes organs or other body parts
- Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
- Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
- Child pornography which includes pornographic materials involving minors
- Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
- Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
- Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
- Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
- Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
- Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
- Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
- Gaming/Gambling which includes lottery tickets sports bets, memberships/enrolment/ online gambling sites, and related content
- Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
- Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software's, servers websites, or other protected property
- Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
- Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
- Offensive goods which includes literature, products or other material that:
- Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
- Encourage or incite violent acts
- Promote intolerance or hatred
- Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
- Prescription drugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practitioner.
- Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
- Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms;
- car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications
- Securities which includes stocks, bonds, or related financial products
- Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
- Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
- Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
- Wholesale currency which includes discounted currencies or currency exchanges
- Live animals or hides/skin/teeth, nails and other parts etc. of animals
- Multi-level marketing collection fees
- Matrix sites or sites using a matrix scheme approach
- Work-at-home approach and/or work-at-home information
- Drop-shipped merchandise
- Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
- The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g., adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
- Business or websites that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc.)
- Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/sweepstakes & games of chance)
- The merchant who deal in intangible goods/services (e.g. software download/health/ beauty products), and business involving pyramid marketing schemes or get-rich-quick schemes. Any other product or service which in the sole opinion of the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
- Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam)
- Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services
- Mailing lists
Facilitation Fees Structure-
- The company shall charge 50% of artwork price as facilitation fee for Photos & Frame category.
- The company shall charge 20% of artwork price as facilitation fee for all other product categories (Paintings, etc.) except Photos & Frame category.