Terms and Conditions

 YoungStrokes Art Community

 These Terms and Conditions ("Terms") govern the activities of sellers and buyers associated with the YoungStrokes Art Community ("the Community"). By interacting with the Community, whether as a seller or buyer, you agree to comply with these Terms.
 

1. Terms and Conditions for Sellers/Members

1.1 Listing and Ownership

• Sellers must ensure that all artworks listed with the Community are original, authentic, and free from any copyright or ownership disputes.

• By submitting an artwork for sale, the seller guarantees ownership or legal authorization to sell the artwork.

• The Community reserves the right to verify the authenticity and ownership of all artworks.

1.2 Artwork Description

• Sellers must provide accurate details about the artwork, including the title, medium, size, year, and price.

• Any discrepancies in the physical appearance of the artwork compared to its description must be reported promptly to the Community.

1.3 Pricing and Taxes

• Prices listed by the seller should include applicable taxes. The Community reserves the right to adjust pricing to reflect GST and other applicable interest/convenience charges.

• Any price adjustments or offers must be communicated in writing and approved by the Community before being updated.

1.4 Payment to Sellers

• Payments for sold artworks will be made to the seller within 15 working days after the buyer’s payment is fully processed and the artwork has been successfully delivered.

• The Community will charge a convenience fee of 25% on the total cost of any artwork, excluding GST and delivery charges, which will be applied as specified in the preceding clauses. For new members, this convenience fee applies to the first 10 orders from a respective seller. After completing 10 orders, the convenience fee may be adjusted to a mutually agreed amount.

• The seller is responsible for any applicable local taxes/bank charges on their earnings.

1.5 Shipping and Handling

• The Community may assist in coordinating shipping; however, sellers must ensure proper packaging to prevent damage during transit.

• In case of damage caused due to seller’s negligence, the seller may be held liable for refunds or replacements.

1.6 Returns and Issues

• If the buyer returns the artwork due to dissatisfaction or damage, the seller must collaborate with the Community to resolve the issue amicably.

1.7 Prohibited Activities

• Sellers must not list counterfeit or plagiarized artworks.

• Misrepresentation of an artwork’s originality or condition will lead to delisting and possible legal action.

• The seller won't be allowed to display the same paintings on any other platforms, once displayed on the Community's platform. (If the owner sells the painting after the display via any mode, without any prior intimation of 5 days, the convenience fee of the artwork, as per the cost given to the Community will be charged from the seller, and the seller will be liable to pay the same within 10 days of the issued communication, once served, or will be liable legally). 

1.8 Membership Application  & Fee Clause

     Filling the form and paying the membership fee does not guarantee membership. Membership will be granted based on the decision of

     the assigned team of experts in the respective fields and an evaluation of the portfolio you submit.

     Please note that the application fee is non-refundable. In the event that your application is not selected, the fee will not be returned. By 

     submitting your application, you acknowledge and accept this policy.

1.9 Intellectual Property Rights

      The Intellectual Property Rights (IPR) associated with any artwork shall remain with the seller (the original owner of the IPR) unless otherwise agreed.

      The YoungStrokes Art Community is authorized to use the artwork's IPR for purposes such as displaying it on the Community's website, promotional
      materials, or portfolio, as per the requirement.

      Upon the sale of an artwork, the IPR for the respective piece may be transferred to YoungStrokes Art Community. Once transferred, the Community
      shall hold full ownership of the IPR and reserves the right to use, license, transfer, or otherwise manage the IPR at its sole discretion.

     This clause shall be subject to any additional terms mutually agreed upon by the seller and YoungStrokes Art Community.

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2. Terms and Conditions for Buyers

2.1 Purchasing Artworks

• Buyers are responsible for ensuring the accuracy of the information they provide, including name, address, and contact details.

• Placing an order constitutes a binding agreement to purchase the artwork at the listed price and associated charges.

2.2 Payment and Charges

• The listed price includes applicable taxes; however, buyers must pay additional charges for shipping, duties, or insurance, as required.

• International buyers are responsible for customs duties and taxes in their respective countries.

2.3 Shipping and Delivery

• Artworks will be shipped after full payment, including additional charges, is processed.

• The Community recommends transit insurance to cover potential damage or loss during shipping.

2.4 Refunds 

• Refunds are not provided for dissatisfaction with the artwork. However, buyers may request a replacement or any customization in the same artwork, within one week of delivery, subject to availability and agreement by the seller.

• If an artwork is delivered damaged, buyers must notify the Community within 12 hours of delivery and provide photographs as proof.

• Refunds for damaged artwork will be processed within 15 working days after receiving the damaged item.

2.5 Cancellation Policy

• Buyers may request cancellations within 3 hours of placing an order, provided the artwork has not been shipped or assigned for delivery.

2.6 Responsibilities

• Buyers are responsible for maintaining the confidentiality of their account login credentials, and other personal details, if any provided.

• The buyer agrees to pay all applicable charges, including taxes, duties, and shipping, in addition to the artwork price.

2.7 Authenticity Guarantee

• YoungStrokes Art Community guarantees the authenticity of all listed artworks and provides certificates of authenticity upon purchase.

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3. Termination

YoungStrokes Art Community reserves the right to terminate any user account or agreement (buyer or seller) under the following circumstances:

• Violation of the Terms outlined herein.

• Submission of false, misleading, or fraudulent information.

• Engagement in activities that harm the reputation or operations of the Community.

• The user’s account remains inactive for a prolonged period (to be determined at the Club’s discretion).

Termination will result in the suspension of access to the Club’s platform, services, and any pending transactions. Upon termination, any pending dues must still be settled by the user.

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4. Force Majeure

KM Royals Art Club shall not be held responsible for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to:

• Acts of God (natural disasters, earthquakes, floods, etc.).

• Governmental restrictions, regulations, or actions.

• War, civil unrest, or acts of terrorism.

• Internet or technological failures.

• Strikes, labor disputes, or other industrial disturbances.

In such cases, the affected party will be granted a reasonable extension to fulfill its obligations or will be excused from such obligations if performance becomes impossible and if the community due to the above mentioned reasons may not be able to fulfil the obligations, it wont be liable for any kind of compensation / refund or liability. 

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5. Terms and Conditions for General Viewers

5.1. Website Use

5.1.1 Access

• You may browse the Website without registering or providing personal information. However, certain features or services may require you to register.

5.1.2 Content

• All content on the Website, including images, text, illustrations, graphics, logos, and audio/video materials, is the property of the Community and is protected by Intellectual Property laws.

• Reproduction, redistribution, or unauthorized use of the content without written consent of Mr. Krish Mistry (Founding President, YoungStrokes Art Community) is strictly prohibited.

5.1.3 Prohibited Activities

• You agree not to use the Website for any unlawful purposes or activities that could harm the reputation or functioning of the Website.

• Activities such as data scraping, hacking, spamming, or introducing viruses to the Website are strictly prohibited.

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5.2. Disclaimer of Accuracy

• While YoungStrokes Art Community strives to ensure the accuracy and relevance of the information presented, we do not guarantee the completeness or reliability of the content.

• Any reliance you place on the Website’s content is strictly at your own risk.

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5.3. Third-Party Links

• The Website may contain links to external websites or third-party content. YoungStrokes Art Community does not endorse or take responsibility for the accuracy or content of these external links.

• Your interaction with third-party websites is at your own discretion and governed by their respective terms and conditions.

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5.4. Privacy

• By browsing the Website, you agree to the collection and use of non-personal data, such as browsing statistics, in accordance with our Privacy Policy.

• If you provide personal information (e.g., subscribing to newsletters), it will be handled as per our Privacy Policy.

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5.5. Limitation of Liability

• YoungStrokes Art Community shall not be held liable for any direct, indirect, incidental, or consequential damages arising from your use or inability to use the Website.

• This includes, but is not limited to, losses caused by technical failures, inaccuracies, or unauthorized access to your information.

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5.6. Intellectual Property Rights

• All trademarks, service marks, and logos displayed on the Website are the property of YoungStrokes Art Community and their respective owners.

• Unauthorized use of these trademarks is strictly prohibited.

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5.7. Modification of Terms

• YoungStrokes Art Community reserves the right to modify or update these Terms at any time without prior notice.

• By continuing to use the Website, you agree to the updated Terms.

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5.8. Termination

• YoungStrokes Art Community reserves the right to restrict or terminate your access to the Website at its discretion, without prior notice, for any violation of these Terms or other misconduct.

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5.9. Force Majeure

• The Community will not be held responsible for any interruptions, delays, or failures in Website performance caused by factors beyond its reasonable control, including but not limited to acts of God, technical failures, governmental actions or any other such reasons.

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5.10. Governing Law and Jurisdiction

• These Terms are governed by the laws of India.

• Any disputes arising out of your use of the Website shall be subject to the exclusive jurisdiction of the courts in [City/State of YoungStrokes Art Community’s registered office].

 

4. Dispute Resolution Clause

      Any disputes must be resolved through mutual negotiation with the Community. If unresolved, disputes will be subject to Lok Adalat
      or

      Arbitration to the jurisdiction of Indian laws and courts within the region of the Mumbai City.

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6. General Provisions

• The Community reserves the right to modify these Terms at any time without prior notice.

• All users (sellers and buyers and viewers) agree to abide by these Terms and any additional rules communicated by the Community.

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For further assistance, contact youngstrokes.art@gmail.com