Please read the following terms carefully before using the site and the services made accessible on the site. Using the site and the services made available on the site shall indicate that you have read these terms and have duly accepted them. In case you do not agree to the said terms enlisted herein, you must refrain from using this site and the services made available on the site.

1. Terms of use:

The terms of use (the “terms”) provided herein below are with respect to the access and use of the website www.godsgirl.in (the “site/website”) and the artwork published and available on the site. The site may be accessed via, but not restricted to, the world wide web (www), smart phones and smart televisions. These terms shall apply whenever you access the site, on whatever device(s).

This site and the services made available on the site is run and maintained by God’s Girl (“we/our/us”). We may change these terms from time to time and we’ll let you know about any material changes, either by notifying you on the site or by sending you an email. Unless we make clear otherwise, access to or continued use of the site and services listed on the site after the effective date of the revised terms constitutes your acceptance of the revised terms.

2. Binding agreement

By using the site and the services made available on the site, you agree to be legally bound by these terms, which shall take effect immediately on your first use of the site. This agreement is for an indefinite term, and you understand and agree that you are bound by such terms till the time you access this site.

3. Assignment

These terms and conditions, and any rights and licenses granted hereunder, may not be transferred, or assigned by the user or the buyer, but may be assigned by the [company name] without restriction. For the purposes of these terms and conditions/agreement, “assignment” means the transfer of rights or obligations from one party (the “assignor”) to another party (the “assignee”). An assignment may be either total (transferring all rights and obligations) or partial (transferring only some rights and obligations).

4. About us

We are an online platform for buying unique and one-of-a-kind art pieces. Our goal is to provide a simple and convenient way for people to discover and purchase art that speaks to them. At [company name], we believe in the power of art to transform spaces and bring joy to people’s lives. We are committed to showcasing a wide range of styles and mediums, from traditional paintings and sculptures to more contemporary mixed media and digital art. Our vision is to connect with collectors and art enthusiasts from around the world and to help support the creative community. We pride ourselves on creating custom pieces that are tailored to the specific needs and preferences of our customers. We take great care and attention to detail in every step of the creation process. We understand that purchasing art is a big decision, and we want you to feel confident and secure in your purchase. That’s why we offer a no-hassle cancellation policy and a shipping policy that covers any damages that may occur during transit.

5. Definitions

• “Artwork” refers to any original visual artwork offered for sale on the website, including paintings, drawings, sculptures, and photographs.
• “Authenticity” refers to the genuine nature of the artwork being sold.
• “Address” refers to the location of a person or entity, including their street address, city, state or province, and zip or postal code.
• “Buyer” means any individual or entity that purchases artwork from the website.
• “Bank charges” or “processing fees” refer to fees or charges assessed by banks or credit card companies for processing payment transactions, including online purchases.
• “Customs duties” refer to taxes or other fees levied on the import or export of goods, including artwork. These need to be paid by the buyer at the time of delivery of the artwork.
• “Copyright” refers to legal protection for original creative works, such as art, literature, music, and film.
• “Content on the website” refers to all text, images, videos, and other media and information that is available on the website. This includes artwork, descriptions, and other information provided by the seller, as well as user content and any other materials that may be included on the website.
• “Cancellation” refers to the act of terminating an order or sale before the artwork has been delivered to the buyer.
• “Delivery” means the transfer of physical possession of the artwork from the seller to the buyer.
• “Digital images” refer to digital representations of the artwork, created through the process of scanning or photographing the original artwork. These digital images may be used on the website for the purpose of displaying the artwork and allowing potential buyers to view it online. The digital images are protected by copyright and other intellectual property laws, and any unauthorized use is strictly prohibited.
• “Force majeure” refers to events or circumstances that are beyond the reasonable control of the parties, and which prevent them from performing their obligations under the contract.
• The “General Data Protection Regulation” or “GDPR” is a EU regulation that sets out standards for the collection, use, and protection of personal data of individuals within the European Union. The GDPR applies to any organization, including websites, that processes the personal data of EU residents.
• “Intellectual property rights” or “IPR” refer to legal rights that protect creative works and inventions. Examples of IPR include copyrights, trademarks, and patents. “Trademark” means a distinctive symbol, word, or phrase used to identify and distinguish the goods or services of a particular company or seller.
• “Purchase price” means the total amount paid by the buyer for the artwork, excluding any applicable taxes, bank charges, customs, and shipping costs.
• “Purchase” refers to the transfer of ownership of artwork from the seller to the buyer.
• “Seller” means the individual or entity offering the artwork for sale on the website.
• “Shipping” refers to the transportation of the artwork from the seller to the buyer.
• “Shipping costs” refer to the expenses associated with the transportation of the artwork from the seller to the buyer, including the cost of packing materials, insurance, and any other fees or charges that may be incurred and paid by the buyer.
• “Taxes” means any applicable sales tax, value-added tax, GST or other similar taxes levied on the sale of the artwork.
• “Terms of Use” refers to the legal agreement between the website and its users, outlining the permitted and prohibited uses of the website and its content.
• “Third party” refers to an individual or entity that is not a party to a contract or legal agreement.
• “Privacy Policy” means the document outlining how the website collects, uses, and discloses personal information from its users.
• “User Content” refers to any content, including reviews, comments, or other materials, submitted by users of the website.
• “User” means any individual who accesses or uses the website, whether or not they are a registered member or have made a purchase on the website.
• “Website” means the online platform located at [www.godsgirl.in], including all pages and content contained therein.

6. Making a purchase [applicable to buyers]

Making a purchase on the site is easy! Simply follow these steps:

1. • Browse our selection of art pieces.
   • When you find something, you like, click on the digital image to view more details and options.
   • Add the item to your shopping cart by clicking the “Add to Cart” button.
   • When you are ready to checkout, click on the shopping cart icon in the top right corner of the screen.
   • Review your order and make any necessary changes (if any).
   • Enter your name, email address, delivery address, and telephone number in the appropriate fields.
   • Select your payment method and complete the transaction.

[Please note that the purchase price of the artwork does not include any bank charges or processing fees that may be assessed by the buyer’s bank or credit card company. These fees are separate from the purchase price and will be added to the total amount due at checkout. The website is not responsible for any bank charges or processing fees that may be incurred by the buyer.]

7. Privacy and data protection

Please read our privacy policy to understand what information we collect about you and how the said information is used by us. Click here.

8. Restrictions on use

You may use this site for purposes expressly permitted by this site. As a condition of your use of this site, you warrant to us that you will not use the site for any purpose that is unlawful or prohibited by these terms. 

9. Obligation of a user

You agree:

• • Not to use this website except for the purchasing the art form.
  • Not to use this website for any unlawful purpose or in any way which is unlawful.
  • Not to use the site in any manner which could disable, overburden, damage, or impair the site or interfere with any other party’s use and enjoyment of the site.
  • Not to use this site for the purpose of harming or attempting to harm minors in any way.
  • Not to obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website.
  • Not to create any content or post any material to this site or provide any information which-
    • Is false, misleading, or inaccurate,
    • Is fraudulent or criminal,
    • Is obscene, offensive, defamatory, or unlawful in any other way,
    • Causes annoyance, inconvenience, or anxiety,
    • Is a political campaign, commercial solicitation, a chain letter, mass mailing or any form of “spam”, junk mail or advertising which has not been authorized by us in writing,
    • Is likely to interrupt, damage or impair in any way any access to this site,
    • Results in the introduction of any software virus, trojan, worm, logic bomb or other material, which is malicious or technologically harmful interfering with, damaging or destroying the proper function of this website or corrupting or destroying any content or other information of software code.
  • Not to use this site to imitate any individual or a person.
  • Not to access or attempt to access this site by any means except through the interface, which is provided by us, unless you have been specifically allowed to do so in a separate agreement with us.
  • Not to access or attempt to access this site through any automated means including use of scripts or web crawlers and agree not to run any form of spam or auto-responder on this website.
  • Not to use this site in any way which infringes any patent, trademark, copyright, trade secret, database right, other intellectual property right, right of confidence or other right of any other person or which breaks any law or breaches any contract. Additionally, you or any person authorized by you shall not co-brand this site, frame this site, and download any content from this site without the express prior written permission of an authorized representative of the site owner. (Explanation: for purposes of these terms, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.)
  • In consideration of use of the site, you represent and confirm that you are of legal age to enter a binding contract, and you are not a person barred from using the site and/or receiving the services under the laws of India or other applicable legal jurisdictions.
  • To use the site, you should have and must continue to maintain at your sole cost: (i) all the necessary equipment necessary to access the site; (ii) own access to the world wide web.
  • You also understand that the site may include certain communications as service announcements and administrative messages.
  • You acknowledge that the content on the website is protected by intellectual property rights, including copyright.
  • You shall not copy, modify, rent, lease, loan, sell, distribute, or create derivative works based on any content which does not originate from you (either in whole or in part) unless you have permission to do so from the owner of the intellectual property rights in that content.
  • You shall also be responsible for providing and configuring your information systems and devices to access and use this website, including for implementing anti-virus protection and firewalls. You agree to cooperate with us to prevent or remedy any unauthorized use.

10. Limitation of liability

Nothing in these terms shall exclude or limit our liability for injury/damage caused by negligence or for fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by law. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. • Use of, or inability to use, this website; or
   • Use of or reliance on any content displayed on this website.

If you are a business user, please note that, we will not be liable for:

1. • Loss of profits, sales, business, or revenue.
   • Business interruption.
   • Loss of anticipated savings.
   • Loss of business opportunity, goodwill, or reputation; or
   • Any indirect or consequential loss or damage.

[For the purpose of this section “Business user” means any individual or entity that accesses or uses the website for the purpose of conducting business or commerce, whether as a seller or buyer.]

11. Intellectual property

The contents of this website including all its original content, features and functionality are and will remain the exclusive property of [company name] and its licensors. The artworks sold on the site, including but not limited to paintings, drawings, and sculptures, are the exclusive property of the artist who created them and are protected by copyright and other intellectual property laws.

You shall not use any content or materials on the service for any commercial purpose without the express written consent of [company name] and the artist who created the content or materials. Additionally, you shall not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this service or any portion of it unless expressly permitted by [company name] in writing.

You shall not make any use of the artworks sold on the site, including but not limited to reproducing, distributing, displaying, or creating derivative works from the artworks, without the express written consent of the artist who created the artwork and God ‘sGirl.

The artwork and digital images displayed on the website are protected by copyright and other intellectual property laws. Any unauthorized reproduction, distribution, or display of the artwork or digital images is strictly prohibited.

Violations of these rights may result in legal action being taken against the infringer. In India, copyright infringement is punishable under the Copyright Act, 1957, with a maximum penalty of imprisonment for up to three years and a fine of up to INR 2 lakhs. In addition, the infringer may also be liable for damages to the copyright owner.

In other countries, penalties for copyright infringement may vary, but may include fines and imprisonment. By accessing or using the website, you agree to respect the intellectual property rights of the artists and sellers, and to refrain from any unauthorized use of the artwork or digital images.

12. Shipping, Damage, and Customs Duty

All artworks purchased on the service will be shipped to the address provided by the buyer at the time of purchase. The buyer is responsible for paying any shipping costs, as well as any applicable customs, duties, or taxes. The estimated delivery time for the artwork is up to four weeks from the date of purchase.

Please note that this is an estimate only, and the actual delivery time may be longer or shorter depending on various factors, including the location of the buyer, the availability of the artwork, and any unexpected delays that may occur. Please note that we are not responsible for any delays in shipping that may occur due to circumstances beyond our control, such as weather, strikes, or other unforeseen events.

Any damages that occur during shipping are the responsibility of the courier and shipping company. If you receive an art piece that is damaged, please contact us immediately so that we can file a claim with the courier and shipping company. We will work with you to arrange for the repair or replacement of the damaged art piece at no additional cost to you.

The buyer is responsible for paying any customs duties or taxes that may be levied on the artwork at the time of delivery. These fees are separate from the purchase price and shipping costs and will be collected by the carrier or customs authorities at the time of delivery. The seller has no control over these fees and cannot predict what they may be. It is the buyer’s responsibility to pay these fees to receive the artwork.

13. Cancellation and returns

You may cancel your order for any reason within 24 hours of placing the order. To cancel your order, please contact us by phone or email as soon as possible. If we can cancel your order before it has been shipped, we will issue a full refund within 3-5 business days.

Please note that orders that have already been shipped cannot be cancelled. We do not accept returns or exchanges, except in the case of defective or damaged items, which are covered under our shipping policy.

14. No return and no-exchange

Once the artwork has been shipped, it is not eligible for return or refund, except in the case of damage during shipping. If the seller determines that the artwork was not damaged during shipping and the buyer is requesting a return or exchange for other reasons, the no-return policy will apply, and the artwork will not be eligible for return or refund. By making a purchase, the buyer agrees to this no-return policy and understands that they will not be able to return the artwork for any reason, unless the artwork was damaged during shipping

Please note that this policy does not apply to cancellations made before the artwork has been shipped. In the event of a cancellation, the purchase price will be refunded in full, provided that the cancellation is made within the time frame outlined in our terms of sale.

15. Links to third-party websites

We use certain trusted third parties for the purpose of convenience providing payment and subscription services, shipping services, and to improve, promote and protect our services. We may use third party services to help us provide customer support, manage our advertisement display, data storage assistance and payment gateways.

You represent and warrant that you have read and have agreed to be bound by all applicable terms and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with us. Links are to be accessed at your risk, and we make no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You shall expressly hold us harmless from any and all liability related to your use of any third-party website. 

From time to time, the website will legally utilize intellectual property owned by third parties related to our services.  The rights in any third-party trademarks or host copyrighted works on this website are retained by their respective owners.  Nothing in this agreement shall confer any right of ownership of any of the trademarks or copyrights to you. 

Further, nothing in this agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or copyright by you.  The misuse of the trademark or copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

16. Indemnity

You agree to defend, indemnify and hold harmless the company, its subsidiaries and affiliated companies, and their officers, directors, employees, partners, contractors, representatives, agents, and third party providers from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable legal fees and costs) and all amounts paid in settlement arising from or relating to, breach of these terms or violation of any laws. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us as reasonably required in the defense or settlement of any such matters.

17. Force majeure

You acknowledge that we shall not be liable for any failure or delay in performance of its obligations, under these terms, arising out of or caused, directly or indirectly, by circumstances beyond our reasonable control, including, but not limited to, act(s) of god; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; pandemics; riots.

If the force majeure event continues for a period of 90 [ninety] days, we may terminate this agreement upon written notice to the buyers/buyers. If we elect to terminate the agreement due to a force majeure event, the buyer(s) shall be entitled to a full refund of the purchase price. However, we shall not be liable for any other damages or losses incurred by the parties because of the termination.

18. Dispute resolution

If any dispute(s), controversy(s) or claim(s) arises out of or in connection with these terms, in which we are a party, the disputing parties shall use all reasonable endeavors to negotiate with a view to resolve the dispute(s) controversy(s) or claim(s) amicably. If a party gives the other party notice that a controversy(s) or claim(s) has arisen and the parties are unable to resolve the disputes in an amicable manner within 30 [thirty] days of service of the notice of dispute (or such longer period as the parties may mutually agree), then the controversy(s) or claim(s) shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all disputes or differences regarding this agreement shall be submitted to final and binding arbitration. In the event of such arbitration:

1. • The arbitration shall be in accordance with the rules of the Arbitration and Conciliation Act, 1996, in force at the relevant time (which is deemed to be incorporated into this agreement by reference).
   • All proceedings of such arbitration shall be in the English language. The venue and seat of the arbitration shall be in Delhi and the courts of Delhi shall have exclusive jurisdiction over the arbitration proceedings.
   • The law governing the conduct of arbitration and the arbitration proceedings shall governed by the arbitration and conciliation act, 1996, in force at the relevant time.
   • The arbitration panel shall consist of a sole arbitrator appointed in accordance with the Act.
   • Arbitration awards shall be final and binding on the parties; and may be enforced in any court of competent jurisdiction.
   • The existence or subsistence of a dispute between the parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the parties under the agreement which are not in dispute, and the arbitrators shall give due consideration to such performance, if any, in making a final award.

Nothing shall preclude a party from seeking interim or permanent equitable or injunctive relief, or both. The pursuit of equitable or injunctive relief shall not be a waiver of the right of the parties to pursue any other remedy or relief through the arbitration.

19. Disclaimer of warranties

The information and materials on the website are provided on an “as is” and “as available” basis, and the website makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website.

To the full extent permissible by applicable law, the website and its owners or operators disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The website does not warrant that the website, its servers, or electronic communications sent from the website are free of viruses or other harmful components.

The website does not warrant or make any representations regarding the use or the results of the use of the materials on the website in terms of their correctness, accuracy, reliability, or otherwise. The website shall not be liable for any damages of any kind arising from the use of the website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

20. Severability

If any provision of these terms and conditions is found to be invalid or unenforceable, that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

If any invalid or unenforceable provision would be valid or enforceable if some part of it were deleted, that provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

If any provision of these terms and conditions is found to be invalid or unenforceable, we shall use our best efforts to negotiate in good faith a substitute, valid, and enforceable provision that most closely approximates the intent and effect of the invalid or unenforceable provision.

This severability clause is intended to ensure that the remaining provisions of these terms and conditions remain in full force and effect, even if any individual provision is found to be invalid or unenforceable.

21. Grievance officer

In accordance with the Information Technology Act, 2000 and the rules and regulations made thereunder, the website has appointed the following person as its grievance officer to address any complaints or grievances from users:

[insert name, designation, and contact details of grievance officer]

22. Governing law

These terms shall be governed and construed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Delhi.