This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Bireswar Sen Family Trust (“Trust” or “us” or “we” or “BSFT” or "www.bireswarsenart.com"). This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures .Not withstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

 

• RIGHT TO CHANGE: BSFT reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Web Site.

 

• PRIVACY: We view protection of your privacy as a very important principle and we store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.

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• ELECTRONIC COMMUNICATIONS: When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

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• INTELLECTUAL PROPERTY RIGHTS: Unless otherwise indicated or anything contained to the contrary or and proprietary material owned by a third party and so expressly mentioned, BSFT owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to BSFT without obtaining authorization from it. User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. BSFT does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted BSFT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants BSFT, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of BSFT, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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• TRADEMARKS: The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of BSFT protected by copyright as a collective work under the applicable copyright laws. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of BSFT and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with BSFT shall not be deemed to be in the public domain but rather the exclusive property of BSFT.

 

• USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS: If you use the Website as Registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. BSFT reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years.

 

• BILLING: The price of our merchandise as mentioned on www.bireswarsenart.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped.

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• ORDER CANCELLATION BY BSFT: Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. BSFT reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 30 working days.

 

• SHIPPING & PROCESSING FEE: Our shipping and processing charges are intended to compensate BSFT for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.

 

• PAYMENT: While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your “Bank/s”; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s. All payments made against the purchases/services on www.bireswarsenart.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by BSFT. Before shipping 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 so as to ensure a safe and a fool proof online shopping environment to our users. BSFT may employ Citrus, PayUmoney, PaisaPay, PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by BSFT which shall be at its sole discretion. Use of such third party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.

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• DELIVERY: BSFT endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if BSFT fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, BSFT may at its discretion charge you for additional shipping cost.

 

• LOSS IN TRANSIT: BSFT endeavors but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if BSFT fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, BSFT may at its discretion charge you for additional shipping cost.

 

• REFUNDS & RETURNS: BSFT shall make all endeavors to deliver defect free products to the purchasers. BSFT does not take title to any returned items purchased by the user unless the item is received by BSFT. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to BSFT within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered. BSFT holds the sole discretion to determine whether a refund can be issued. For further information please read our Shipping & Returns Policy.

 

• PRODUCT DESCRIPTIONS: Products displayed on www.bireswarsenart.com attempts to be as accurate as possible. However, BSFT does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by BSFT is not as described, your sole remedy is to contact BSFT within 48 hours of receipt and BSFT reserves the right to provide a solution as per its discretion. BSFT is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.

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• PRODUCT COMPLIANCE: Products displayed/ sold on the www.bireswarsenart.com website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

 

• PRODUCT PRICING DISCLAIMER: The prices displayed on our website may differ from prices that are available in stores with which BSFT collaborates. Further the prices displayed in our catalogs are quotes which may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.

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• INACCURACY DISCLAIMER: From time to time there may be information on our Website or in our catalog that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. BSFT reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

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• WARRANTIES & LIABILITY: All information, content, materials, products (including software) and other services included on or otherwise made available to you by BSFT are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. BSFT makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through BSFT, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk. BSFT does not warrant that this Website will be constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. We 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. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that BSFT shall not be liable for any damages of any kind related to your use of this Website. Though BSFT shall make all endeavor to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. BSFT shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website. BSFT will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

 

• INDEMNITY: You agree to indemnify and shall not hold BSFT (and its settlors, trustees, officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) for any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party or any damage to life and/or property caused by the products delivered.

 

• SEVERABILITY: We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

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• WAIVER: The failure by BSFT to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by BSFT of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

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• FORCE MAJEURE: Failure on the part of BSFT to perform any of its obligations and the non furnishing of the Service), shall not entitle you to raise any claim against BSFT or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfillment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of BSFT that directly or indirectly hinders or prevents BSFT from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not in any event constitute or be considered an event of Force Majeure.

 

• DISPUTE RESOLUTION: This agreement shall be construed and the legal relations between YOU and BSFT hereto shall be determined and governed according to the laws of India. If any dispute arises between You and BSFT regarding Your use of the Website or Your dealing with BSFT in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms & Conditions and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of New Delhi. Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.

 

• GRIEVANCE: Any grievances you have by way of use of the website cab be addressed by way of email to bireswarsen.art@gmail.com .We shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

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• GOVERNING LAW: These Terms and Conditions or the documents of third party payment channels shall be governed and construed in accordance with the laws of India. This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.