TERMS & CONDITIONS
- The Website is owned by Arteternal Traders LLP, a Limited Liability Partnership incorporated under the LLP Act, 2008 with its registered office at 78, TNT, F2, Benson town, Bangalore- 560046
- These Terms and Conditions govern Your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services, You shall be deemed to have read, understood and accepted to be bound by these Terms and Conditions.
- For the purpose of these Terms and Conditions, wherever the context so requires "You/you", “Your/your” or “Customer/customer” or “User/user” shall mean any natural or legal person who uses the Website for availing the Products and Services provided thereby. The term “We/we”, “Us/us”, “Our/our” shall mean the LLP, its employees, and authorized agents that perform any services on the LLP’s behalf.
- When you use any of the services provided by us through the Website, including but not limited to, antiques, vintage products, design services, art pieces, paintings, sculptures, ., You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as part and parcel of this Terms and Conditions.
- MODIFICATION AND RETURN POLICY
- LLP reserves the right in its sole discretion and at any time, to:
- change, suspend, discontinue, or restrict your access to all or part of the Services (including without limitation, any feature, database, or content), at any time without any prior written notice to You.
- We may, in our sole discretion, refuse to offer the Services to any person and/or entity or change the eligibility criteria for the Products/Services at any time. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms and Conditions, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
- We also have a "no returns, refunds or exchanges" policy. So please inspect every item carefully since they may be previously owned.
- MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. A LLP reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to the notice or if it is discovered that you are under the age of 18 years.
- YOUR ACCOUNT & REGISTRATION OBLIGATIONS
- While trading with/through LLP, unless we allow "guest" purchases, you will need to establish an account with us (“Account”) to use certain features of the Services (e.g., to order products and services from the Website). You may only create one account with us, and LLP reserves the right to immediately terminate any additional accounts created by you. During the account registration process you will be asked to select a unique password. You are solely responsible for protecting and maintaining the security and confidentiality of the password and account, and are fully responsible for all activities that occur under the password. You must provide accurate and complete information and keep your Account information updated. By logging into the Website or otherwise using the Services, you represent and warrant that: (a) you are the customer who registered for the services; (b) that you are using the services only for permitted purposes; and (c) you are not a competitor of www.theantiquestory.com or agent thereof. You will immediately notify us of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session. You may never use another person’s user account or registration information for the Services without permission. Please contact us to notify us of any change in your eligibility to use the Services, any potential unauthorized use(s) of your account, or any breach of security; however, we have no obligation to investigate the authorization or source of any such access or use of the Services.
- YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE SERVICES IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
- If you create an account, you represent and warrant that: (a) you will not select or utilize a user name of another person with intent to impersonate that person; (b) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; (c) you will not select or utilize a user name that LLP in its sole discretion deems offensive; and (d) you are not a competitor of LLP, or an agent thereof.
- You should never publish, distribute or post login information for your Account.
- You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
- TERMINATION AND EFFECT OF TERMINATION
- All provisions of these Terms and Conditions which by their nature shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and payment obligations. Termination shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
- If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically, and as and when required. We may communicate with you by email/whats app or by such other mode of communication, electronic or otherwise.
LLP does not charge any fee for browsing and buying on the Website. In particular, LLP may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event LLP reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the LLP.
- USER CONTENT
- No part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed (including ' mirroring') to any other computer, server, website or other medium, except as expressly provided in these Terms and Conditions.
- You may use information on the products and services made available for download on the Website provided that (1) you do not delete any proprietary notice language in all copies of such documents, (2) use such information for your personal, non - commercial information purposes only, and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
- Anything you submit or post to the Website and/or provide to us, including without limitation, ideas, know-how, techniques, questions, reviews, comments and suggestions (collectively, " User Content "), except as otherwise provided elsewhere in these Terms and Conditions or on the Website, shall be treated as non-confidential and non-proprietary, and we shall have the royalty-free, fully paid, worldwide, perpetual, irrevocable, sub-licensable, and transferable right to use, edit, modify, truncate, aggregate, copy, distribute, display, publish, etc. from such User Content in any form, through any channels (including, without limitation, third party websites and feeds), and to translate, modify, reverse-engineer, disassemble, or decompile such User Content, and otherwise fully exploit your User Content in connection with the Website, the Services, and our (and our successor’s and assign’s) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof), and including after your termination of your Account or the Services. You hereby also grant a non-exclusive, perpetual license to each user of the Website and/or the Services to access your User Content through the Website and/or the Services and to use, edit, modify, reproduce, distribute, prepare, display and execute such User Content, including after your termination of your Account or the Services. In addition to the rights applicable to any User Content, you also give us the right to use the name you submit with any User Content in connection with such User Content when posting comments or reviews on the Website. You represent and warrant that you own or otherwise control all of the rights to any User Content that you post on this Website or on the Services and that use of your User Content by us will not infringe upon or violate the rights of any third party, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. We may, but for no reason, delete or edit any User Content( including comments or reviews).
- AVAILABILITY OF CONTENT
We guarantee that no content is made available on the website or via the services. We reserve the right to, but are not required to (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, the receipt of claims or allegations from third parties or authorities concerning such Content or if we are concerned that you may have breached these Terms and Conditions), or for no reason at all; and (b) to remove or block any Content from the Services.
- USER CONTENT FROM OTHER USERS, LINKS, SEARCH RESULTS, ADVERTISING AND THIRD PARTY SELLERS
- Product Description
- We do not warrant that this website's product description or other content is accurate, complete, reliable, current or error-free and assumes no liability in this respect.
- You hereby release us, our subsidiaries, affiliates, directors, officers, employees, contractors, agents, suppliers, content providers, partners, representatives and successors ("LLP Partiesî) from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from use of Third Party Materials or interactions with or conduct of the applicable third parties.
- The fact that we make sure all objects are vintage but in some cases due to reproduction / duplication there might be issues and therefore will not be held responsible.
- The products are sourced from reputed dealers, but if any products end up as stolen goods, we will not be held responsible.
- Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the website.
- PERMITTED USE AND RESTRICTIONS
- Under the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-licensable, non – transferable and non-exclusive license to access and use the Website and its Content(by displaying it on your internet browser) only for the purpose of using the Services, and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any infringement of this Agreement shall cause the license granted in this paragraph to be revoked immediately without notice.
- All terms and conditions of trade / contract shall be offered and agreed between us and the users. Commercial / contractual terms include, without limitation, shipping costs, methods of payment, terms of payment, date, period and mode of delivery, product and service warranties.
Disclaimer: Pricing on any product(s) as is reflected on the Website may be due to some technical issue, typographical error or product information published by LLP may be incorrectly reflected and in such an event you may cancel such your order(s).
- LLP cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution when using the Website.
- Please note that, in dealing with minors or people acting under false pretense, there may be risks.
- You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophile, libellous, invasive of the privacy of another person, hateful or racially objectionable, disappointing, relating to or encouraging money laundering or gambling, or in any way unlawful; or unlawfully threatening or unlawfully harassing, including but not limited to the meaning of the Indecent Representation of Women Act, 1986
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred or any kind of physical harm to any group or person;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes the rights of any third party[ including, but not limited to, intellectual property rights, privacy rights (including, without limitation, unauthorized disclosure of the name of the person, e - mail address, physical address or telephone number) or publicity rights];
(i) Promotes an illegal or unauthorized copy of the copyrighted work of another person, such as the provision of pirated computer programs or links to them, the provision of information to circumvent copy - protection devices installed by manufacturers or the provision of pirated music or links to pirated files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) attempts to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, newsletters, friend requests or other areas of the Website or requests passwords or personal information for commercial or illegal purposes from other users.
(o) commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes, or the purchase or sale of website-related " virtual " products.
(p) solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
(r) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions.
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright, or other proprietary rights, or third party’s trade secrets, or rights of publicity or privacy, or shall not be fraudulent, or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages, or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource, or contains any trojan horses, worms, time bombs, cancel-bots, easter-eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) for the time being, it shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item that is prohibited or restricted in any way under any applicable law, rule, regulation or guideline.
(ab) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (‘ISPs’) or other suppliers;
- You shall not use any' deep- link,'' page- scrape,'' robot,'' spider' or other automatic device, program, algorithm or methodology, or any manual process similar or equivalent, to access, acquire, copy or monitor any part of the Website or any Content or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website or any other system or network connected to the Website or to any of the servers, computers, networks or services offered on or through the Website by hacking, mining passwords or any other illegal activity.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms of LLP, www.theantiquestory.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of LLP or us on platform or otherwise tarnish or dilute any LLP’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the website infrastructure or on LLP systems or networks or on any LLP-connected systems or networks.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or manipulate identifiers to disguise the origin of any message or transmission you send to us on or via the website or any service on or through the website. You may not pretend that you are someone else or that you represent someone else. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of LLP.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.
- For the time being, you shall not enter into any transaction in an item or service prohibited under any applicable law, including exchange control laws or regulations.
- You shall not advertise or solicit other Website users to purchase or sell any products or services, including but not limited to products or services related to the products or services displayed on or related to us on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms and Conditions to use any information obtained from the Website to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to limit the number of messages or e - mails that a user may send to other users within any 24-hour period that we deem appropriate. You understand that we have the right at all times to disclose any information (including the identity of the information or materials provided on the website) necessary to comply with any law, regulation or valid government request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a court order or subpoena. Furthermore, we may (and you hereby expressly authorize us to) disclose any information about you to law enforcement officials or other government officials, since we believe that it is necessary or appropriate to investigate and/or resolve possible crimes, in particular those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Website. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect LLP’s views. LLP shall in no event assume or be liable for any Content posted or any claims, damages or losses arising from the use of Content and/or the appearance of Content on the Website. You represent and warrant that you have all necessary rights in and to all content provided by you and to all information contained therein and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous or otherwise illegal information.
- Other users( including unauthorized users or hackers) may post or transmit offensive or obscene materials on the website and may be exposed to such offensive and obscene materials on an unintentional basis. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not endorse such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information you disclose or share on the website with others. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- We reserve the right, at our discretion, to refuse service, terminate accounts and/or cancel orders, including, without limitation, if we believe that customer behavior infringes applicable law or harms our interests
- PRICES, COLORS, & AVAILABILITY
- All prices listed on the Services are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
- Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.
- The availability of products and other items on the Services may change at any time, without notice.
- The products are sourced from reputed dealers, but if any products end up as stolen goods, we will not be responsible.
- ORDER EXCEPTANCE POLICY
Your receipt of an electronic or other form of confirmation of order does not constitute our acceptance of your order or a confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason at any time after receipt of your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order will not be accepted until we send you (or the part accepted) the shipping information for the order.
- PAYMENT TERMS
- For each product or service you order through the Services, you agree to pay the price applicable for the product or service (including any GST, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. All prices are non-refundable. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You will pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
- We use a third-party payment processor (the ‘Payment Processor’) to process your payments. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor.
- While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
- All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
- Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
- Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and us and payment facility is merely used by the LLP. Use of the payment facility shall not render LLP liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
- Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction you are entering into a legally binding and enforceable contract with the LLP to purchase the products and /or services from the Website using the payment facility, and you shall pay the transaction price through your issuing bank using payment facility.
- You, as a Buyer, may agree with the LLP through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation / variation of the transaction should be in compliance with payment facility rules and policies.
- You, as a Buyer, shall be entitled to claim a refund of the transaction price (as your sole and exclusive remedy) in case you receive damaged goods, within 25 days. In case you do not raise a refund claim using Website features within the stipulated time then this would make you ineligible for a refund.
- You, as a Buyer, understand that the payment facility may not be available in full or in part for certain category of products and/or services and/or transactions as mentioned in the policies and hence you may not be entitled to a refund in respect of the transactions for those products and /or services.
- Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refund shall be conditional and shall be with recourse available to LLP in case of any misuse by Buyer.
- Refund shall be subject to Buyer complying with Policies.
- LLP reserves the right to impose limits on the number of transactions or transaction price which LLP may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- LLP reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with LLP or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
- LLP may delay notification of confirmation of payment to buyers carrying out high transaction volumes to ensure transaction security and transaction price Furthermore LLP may hold the transaction price without dispatch or transfer the transaction price to law enforcement officials / or any other person (instead of reimbursing the same to Buyer) under a binding order or at the request of law enforcement officials, or in the event that the Buyer is engaged in any form of illegal act.
- Compliance with Laws:
In the case of Properties which have been categorised by the Website as antiquities as defined under the Antiquities Act and Art Treasures Act, 1972, any statement made by the Website in relation to such Property, whether orally or in writing, concerning its attribution, like any school of art or craftsmanship, country or origin, history, authenticity or provenance, are only expressions of opinion or belief and do not constitute a representation, warranty or assumption of liability of them in any manner whatsoever and the LLP or the Website will not be liable for errors or omissions in any of the opinions with respect to authenticity, provenance, description, or condition of such Property. LLP does not in any way represent that it has carried out exhaustive research or analysis, and it is therefore necessary, especially in cases of Properties of high value, to request the Website for an inspection of such Properties and potential buyers may seek advice on such matters from their own professional advisors.
The Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Website.
- Buyer’s arrangement with Issuing Bank:
- All valid credit debit cards and other payment instruments are processed using a payment gateway or a suitable payment system infrastructure and are also governed by the terms and conditions agreed between the buyer and the respective issuing bank and payment instrument issuing company.
- All online bank transfers from valid bank accounts are processed using the gateway provided to the users by the respective issuing bank, which supports the payment facility. All such online payment transfers are also subject to the terms and conditions. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.
- INTERNATIONAL ACCESS
The Website may be accessed from non - Indian countries. The site may contain products or references to products outside India. Any such references do not imply the availability of such products outside of India. If the website or services are accessed and used outside India you are responsible for complying with your local laws and regulations
- JURISDICTIONAL ISSUES / INTERNATIONAL SALE
If you order goods from our Website for delivery outside India, they may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
- INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, the "look and feel" of the Website, trademarks and all other intellectual property and material rights relating to the Content and the Services as herein described, including but not limited to the softwares developed or belonging to the LLP and all HTML and other code contained in this Website, shall remain at all times vested in the Website and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Website and the Services are protected by state laws, common laws and regulations and international treaty provisions. You are permitted to use the content only as expressly authorized by the Website and/or its third party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
- DISCLAIMER OF WARRANTIES & LIABILITIES
- This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on ‘as is’ and ‘as available’ basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, LLP does not warrant that:
- This Website will be constantly available, or
- The information on this Website is complete, true, accurate or non-misleading.
- LLP will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. LLP does not warrant that this Website; information, content, materials, products (including software) or services included or made available to you via the Website; their servers; or electronic communications sent from us are free from viruses or other harmful components.
- You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
- OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL THE LLP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR A LINKED SITE, OR A USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SERVICES OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
- LIMITATION OF LIABILITY
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LLP AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING TYPES OF DAMAGES RELATED IN ANY WAY TO OUR RELATIONSHIP WITH YOU (INCLUDING OUR PRODUCTS, SERVICES, OR SITE CONTENT) OR THIRD-PARTY MATERIALS OR WEB SITES: (I) INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE, SERVICES, OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE (EVEN IF THE LLP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).; OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
- As an antique store owner, we understand the extensive risks associated with owning and maintaining antiques, including inadvertent damage due to transportation, theft, and vandalism most of all. Owing to the aforementioned risks we advise all our customers to get the same insured.
- You can avail insurance from our insurance partners while purchasing the products from the Website.
- The terms and Conditions of the insurance can be accessed by getting in touch with us.
- Kindly note that the LLP will not be responsible for replacing or refunding for the damage to the products purchased without insurance.
- In case of damage sustained to the insured products, the Website and/or the LLP shall cooperate with the purchaser in any manner possible, to enable them to claim the insured amount.
- CLAIMS AND REMEDIES
- WITH RESPECT TO ANY OF OUR PRODUCTS, SERVICES OR SITE CONTENT, THE LLP DOES NOT UNTERTAKE ANY LIABILITY OF RETURN OR REFUND UNLESS THE GOOD RECEIVED BY YOU ARE DAMAGED BEYOND REPAIR.
- THE APPLICABLE CLAIM MUST BE BROUGHT WITHIN THREE (3) DAYS AFTER DELIVERY FOR ITEMS OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS. FURTHER, THE DECISION, WHETHER OR NOT THE PRODUCTS ARE DAMAGED BEYOND REPAIR SHALL SOLELY BE AT THE DISCRETION OF THE LLP.
- TRADEMARK, COPYRIGHT & RESTRICTION
- This site is controlled and operated by LLP and products are sold by the LLP itself. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- IPR Complaint
LLP respects the intellectual property of others. In case you feel that your IPR has been infringed, you can write to LLP at firstname.lastname@example.org.
- PROFANITY POLICY
- LLP prohibits the use in a public area of language that is racist, hateful, sexual or obscene in nature. This policy extends to text in listings, LLP pages and all other areas of the site that may be viewed by another user. If the profane words are part of a title for the item being sold, they will be blurred out the bulk of the offending word with asterisks (i.e., s*** or f***).
- Please report any violations of this policy to the correct area for review:
- Report offensive user-names.
- Report offensive language in a listing or otherwise.
- If feedback; or any communication between users on the Website; or e - mail communication between users regarding transactions containing profanity on the Website, please review our policy on the removal of feedback and submit an action / removal request.
- Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.
- Violations of this policy may result in a range of actions, including:
- Limits placed on account privileges;
- Loss of special status;
- Account suspension.
- APPLICABLE LAW
Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in the courts of Bangalore.
- DISPUTE RESOLUTION
- Generally, transactions are conducted smoothly by LLP. However there may be some cases where both the Buyers and LLP may face issues. We have a dispute resolution process in order to resolve disputes between the Buyers, and the LLP.
- What is a ‘dispute’?
A ‘Dispute’ can be defined as a disagreement between a Buyer and a LLP in connection with a transaction on the Website.
- How is a ‘dispute’ created?
Whenever there is a disagreement, the Buyer can write to email@example.com in order to raise a dispute. Disputes can be raised at a particular transaction level.
- What are the various types of ‘disputes’?
Following are the indicative examples of potential disputes:
- Wrong item received
- Item Not as described
- Part/Accessory missing
- Buyer Protection Program
- In case of a dispute where the LLP is unable to provide a replacement, LLP will actively work towards reaching a resolution.
- The Buyer can write to firstname.lastname@example.org if the issue with the LLP is not resolved. LLP’s customer support team will look into the case to check for possible fraud. Only after verifying these facts, a dispute can be registered.
- In due course of resolution, LLP’s customer support team will facilitate a conference call between the LLP and the Buyer.
- Buyer Eligibility and Restrictions
- Only the Buyers who have purchased the product from LLP are eligible for the Buyer Protection Program.
- Buyers can file a dispute within 3 days from the date of delivery of the product.
- Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
- To be able to take advantage of the Buyer Protection Program, Buyers should first contact the LLP and attempt to resolve the issue. If the Buyer doesn't hear from the LLP or is unable to resolve the issue with the LLP even after contact, a dispute can be raised with LLP by writing an email to email@example.com.
- Fraudulent charges and claims are not covered under replacement/return policies.
- If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under replacement policies.
- Blacklisted and blocked Buyers are not covered by the replacement/return policies.
- Buyers who have reached their maximum limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on LLP. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs.50,000/-.
- Raising disputes against LLP does not automatically entitle the Buyer to a replacement for the product purchased. LLP shall verify the disputes so raised and may process only such claims that are valid and genuine.
- LLP shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer.
- Claims of the nature of ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.
- LLP reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, LLP may at its sole discretion suspend, block, restrict, cancel the user-name [and its related user-names] of such User and/or disqualify that user and any related users from availing protection through this program.
- Decisions made by LLP under the replacement policies shall be final and binding on its Users.
- LLP reserves the right to modify / discontinue replacement policies without any prior notice period to its Users.
- Through this program, LLP shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the LLP.
- E-mail Abuse & Threat Policy
- Private communication, including email correspondence, is not regulated by LLP. LLP encourages its Users to be professional, courteous and respectful when communicating by email.
- However, LLP will investigate and can take action on certain types of unwanted emails that violate LLP policies. Such instances may include, but are not limited to, the following:
- Threats of Bodily Harm: LLP does not permit Users to send explicit threats of bodily harm.
- Misuse of LLP Systems: LLP allows Users to facilitate transactions through the LLP systems, but will investigate any misuse of this service.
- Spoof (Fake) e-mail: LLP will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through ‘Contact Us’ tab.
- Spam (Unsolicited Commercial e-mail): LLP’s spam policy applies only to unsolicited commercial messages sent by LLP Users. LLP Users are not allowed to send spam messages to other Users.
- Offers to Buy or Sell Outside of LLP: LLP prohibits email offers to buy or sell listed products outside of the Website. Offers of this nature are a potential fraud risk for both Buyers and us.
- LLP policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our public message boards.
- Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
- Other Businesses
LLP does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, LLP assumes no responsibility for examining or evaluating the products and services offered by them. LLP do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). LLP does not endorse, in any way, any third party website(s) or content thereof.
- WRITTEN COMMUNICATIONS
- Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. You agree to this electronic means of communication for contractual purposes and you acknowledge that all contracts, notices, information and other communications we provide to you electronically comply with any legal requirement for such communications to be written.This condition does not affect your statutory rights.
- All notices given by you to us must be given to LLP. 78, TNT, F2, Benson town, Bangalore- 560046, email - info @theantiquestory.com. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 1 above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- RIGHTS OF THIRD PARTIES
Nothing in this agreement or on the Website shall confer on any third party any benefit under the provisions of the Indian Contract Act, 1872.
If any court or competent authority decides that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, the term shall, to that extent only, be terminated from the remaining terms and conditions, which shall remain valid to the fullest extent allowed by law
- NO WAIVER
No waiver shall be effective unless in writing. No delay or failure by us in the exercise of any right, power or provision hereunder shall act as a waiver of any other right or right in the future; no delay in the exercise of any power or right shall be construed as a waiver. Except in writing, no waiver shall be effective.
- CONTACT US
Please send any questions or comments (including all inquiries related to copyright infringement) regarding this Website to
ARTETERNAL TRADERS LLP.
78, TNT, F2, Benson town,
email - info @theantiquestory.com
- GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
ARTETERNAL TRADERS LLP.
78, TNT, F2, Benson town,
email - firstname.lastname@example.org
Phone: +91 9483998111
Time: Mon – Fri (11 AM to 6 PM)
Our products are original and authentic and usually one of a kind piece. We try to update our website as often as possible, but we sell our products first come first served, so that an item can be sold but can still be seen on our website. Every object with the word antique in its description is not an antique as defined by the Antiquities Law of 1972 but it is just a dictionary or generic word used to refer to an old object.
We do our utmost to describe all items as explicitly as possible, providing as much history and detail as is known to us. It should be noted that the items we sell may in some cases have some age - related wear, such as marks, surface texture variations, minor scratches or losses, retouching and other problems that are naturally related to use and age.
Some of our products have been manufactured before the strict health and safety standards of today. Most of our products are in their original form, i.e. sometimes, electronic devices still have the original wiring that may not always be compatible with these standards. We advise you to check with an electrician if you wish to use the products on a daily basis. Please be aware that we do not imply any guarantee of compliance with today’s health and safety standards.
We restore our products in their original condition and adjust or modify them where necessary or where we believe it would be appropriate to ensure that the condition of any item is as reasonable as possible due to its age and nature. We would not offer for sale items which are not acceptable for display or normal daily use. In our descriptions, substantial damage or extensive recovery or loss of an item beyond this is stated. Signs of wear are normal, however, and appropriate for authenticity. By placing an order, you acknowledge the vintage nature of the products we sell and that we cannot be held responsible for any wear-related defects.