Termini e condizioni del servizio

TERMS AND CONDITIONS FOR ARTBYSHEGAL

These Terms and Conditions ("Terms") govern your access to and use of the website, services, and purchase of artwork provided by Abhay Sehgal, operating under the brand name "ART BY SEHGAL" ("ART BY SEHGAL," "we," "us," or "our"). By accessing or using our services, purchasing any artwork, or otherwise interacting with ART BY SEHGAL, you ("Customer," "you," or "your") agree to be bound by these Terms. Please read them carefully.

 

1. INTRODUCTION

Abhay Sehgal, trading as ART BY SEHGAL, is an artist who creates, promotes, and sells original artwork, including both digital art and handmade art. These Terms are designed to protect the intellectual property and business interests of Abhay Sehgal and ART BY SEHGAL, ensuring clarity and legal security for all transactions and interactions.

2. DEFINITIONS

• "Artwork" refers to any creative work, whether digital or handmade, including but not limited to paintings, sculptures, digital illustrations, prints, photographs, designs, and any other artistic creations offered for sale or display by ART BY SEHGAL.

• "Digital Art" refers to Artwork created using digital technology, existing in electronic format, and typically delivered electronically.

• "Handmade Art" refers to Artwork created physically, existing in tangible form, and typically delivered as a physical item.

• "Intellectual Property Rights" refers to all rights, titles, and interests in and to the Artwork, including but not limited to copyrights, moral rights, trademark rights, design rights, and any other proprietary rights recognized under Indian law or international conventions.

• "Customer" refers to any individual or entity purchasing or intending to purchase Artwork from ART BY SEHGAL, or accessing and using the ART BY SEHGAL website or services.

3. ACCEPTANCE OF TERMS

By engaging with ART BY SEHGAL, including but not limited to browsing the website, making a purchase, or communicating with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services or purchase any Artwork.

4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

4.1. Sole and Exclusive Ownership: All Intellectual Property Rights in and to all Artwork, whether Digital Art or Handmade Art, created and offered by Abhay Sehgal under the brand ART BY SEHGAL, are and shall remain the sole and exclusive property of Abhay Sehgal. This includes, without limitation, the right to reproduce, distribute, publicly display, perform, and create derivative works from the Artwork.

4.2. Copyright Distinction: The purchase of any Artwork, whether Digital Art or Handmade Art, grants the Customer only the physical possession of the tangible item or a limited license for personal use of the digital file, as explicitly stated herein. It does not transfer ownership of the Intellectual Property Rights, including copyright, in the Artwork. The copyright in the Artwork remains vested solely with Abhay Sehgal. 

4.3. Prohibited Uses: The Customer is strictly prohibited from: 

a. Reproducing, copying, distributing, publicly displaying, or performing the Artwork in any form or by any means, whether electronic, mechanical, or otherwise, without the express prior written consent of Abhay Sehgal. 

b. Creating derivative works based on the Artwork. 

c. Using the Artwork for any commercial purpose, including but not limited to advertising, merchandising, or resale, without a separate, explicit commercial license agreement with Abhay Sehgal. 

d. Modifying, altering, or adapting the Artwork in any way. 

e. Claiming authorship or ownership of the Artwork or any part thereof.

4.4. Enforcement of Rights: Abhay Sehgal reserves the right to take all necessary legal action, including seeking injunctive relief and damages, against any individual or entity that infringes upon his Intellectual Property Rights. The Copyright Act, 1957, provides robust protection for artistic works, and any unauthorized use constitutes infringement.

4.5. Custom Engagements and Commissions: For the avoidance of doubt, the retention of all Intellectual Property Rights and exclusive copyright by Abhay Sehgal as detailed in Section 4.1 and 4.2 expressly applies to all custom artwork, commissioned projects, and independent engagements. By commissioning a custom artwork, the Customer explicitly agrees that this constitutes an "agreement to the contrary" under Section 17 of the Copyright Act, 1957. The Customer acknowledges that valuable consideration is paid solely for the physical execution and possession of the final tangible artwork, and absolutely no statutory or intellectual property rights vest in the Customer.

4.6. Portfolio and Promotional Rights: The Artist retains the absolute, irrevocable right to display, publish, exhibit, and promote all created artworks, including but not limited to final commissioned pieces, original physical canvases, and digital art, across all platforms, social media, websites, and physical galleries for portfolio, marketing, and promotional purposes. The Customer’s purchase of physical artwork does not restrict these inherent promotional rights.

4.7. Ownership of Preliminary Drafts and Concepts: All preliminary sketches, rejected drafts, conceptual notes, iterative canvases, and incomplete works created during the artistic process remain the sole physical and intellectual property of the Artist. The Customer acquires no rights, title, or interest whatsoever to any materials or drafts other than the final, specific physical canvas for which valuable consideration was remitted.

4.8. Assertion of Moral Rights: The Artist strictly asserts and retains all Special Rights (Moral Rights) under Section 57 of the Copyright Act, 1957. The Customer shall not distort, mutilate, physically modify, or take any action in relation to the physical Artwork that would be prejudicial to the Artist's honor, reputation, or creative integrity. Furthermore, any permitted public display of the artwork must be accompanied by appropriate attribution to "ART BY SEHGAL / Abhay Sehgal."

5. ORIGINALITY AND AUTHORSHIP GUARANTEE

5.1. Personal Creation by Abhay Sehgal: Abhay Sehgal unequivocally affirms that all Artwork offered under the brand ART BY SEHGAL is original and personally conceived, designed, and executed by Abhay Sehgal. Every piece reflects his unique artistic vision, skill, and effort. This commitment to personal creation ensures the authenticity and integrity of each Artwork.

5.2. No Third-Party Creation: Abhay Sehgal explicitly states that no Artwork sold under ART BY SEHGAL is created or owned by any third-party individual or entity. While certain materials, tools , or expertise may be used, the core artistic expression, conceptualization, and final execution of all Artwork remain exclusively with Abhay Sehgal.

5.3. Non-Infringement Assurance: Abhay Sehgal guarantees that all Artwork is original and does not infringe upon the Intellectual Property Rights of any third party.

6. PURCHASE OF ARTWORK

6.1. Order Process: All orders for Artwork placed through ART BY SEHGAL are subject to acceptance and availability. ART BY SEHGAL reserves the right to refuse or cancel any order at its sole discretion, including for reasons such as product unavailability, errors in pricing or product description, or suspicion of fraudulent activity.

6.2. Pricing and Payment: All prices for Artwork are listed in INR and are subject to change without prior notice. Payment must be made in full at the time of purchase through the methods specified by ART BY SEHGAL. Prices do not include applicable taxes, duties, or shipping costs, which will be added to the total amount payable.

6.3. Accuracy of Information: While ART BY SEHGAL strives to provide accurate descriptions, images, and pricing for all Artwork, minor variations in colour, texture, or appearance may occur due to monitor settings or the inherent nature of artistic creation. ART BY SEHGAL does not warrant that the descriptions or other content are entirely accurate, complete, reliable, current, or error-free.

7. DIGITAL ART LICENSING

7.1. Scope of License: Upon purchase of Digital Art, ART BY SEHGAL grants the Customer a non-exclusive, non-transferable, revocable license to use the Digital Art solely for personal, non-commercial purposes. This license permits the Customer to download, display, and print the Digital Art for personal enjoyment.

7.2. Restrictions on Use: The Customer is expressly prohibited from: 

a. Sharing, distributing, or reselling the Digital Art file to any third party. 

b. Using the Digital Art for any commercial purpose, including but not limited to creating merchandise, promotional materials, or for use in any business context. 

c. Modifying, altering, or creating derivative works from the Digital Art. 

d. Publicly displaying the Digital Art in a manner that suggests commercial endorsement or association with any third party.

8. HANDMADE ART SALES

8.1. Physical Delivery: For Handmade Art, ART BY SEHGAL will arrange for shipping to the address provided by the Customer. Shipping costs and estimated delivery times will be communicated at the time of purchase.

8.2. Risk of Loss: The risk of loss or damage to Handmade Art passes to the Customer upon delivery to the shipping carrier. ART BY SEHGAL is not responsible for any loss or damage that occurs during transit. Customers are encouraged to opt for insured shipping where available.

9. RETURNS, REFUNDS, AND CANCELLATIONS

9.1. Final Sale: All sales of Artwork, both Digital Art and Handmade Art, are generally considered final. Due to the unique and artistic nature of the products, ART BY SEHGAL does not typically offer returns, exchanges, or refunds.

9.2. Exceptions: Any exceptions to this policy will be at the sole discretion of Abhay Sehgal and must be agreed upon in writing. In the event of physical damage during transit (if insured by ART BY SEHGAL), a resolution may be offered. Artistic interpretation, stylistic choices, and subjective dissatisfaction do not constitute a defect.

10. DISCLAIMER OF WARRANTIES

ALL ARTWORK AND SERVICES PROVIDED BY ART BY SEHGAL ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ART BY SEHGAL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ART BY SEHGAL DOES NOT WARRANT THAT THE ARTWORK WILL MEET YOUR SPECIFIC REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABHAY SEHGAL OR ART BY SEHGAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM 

(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE ARTWORK OR SERVICES; 

(B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; 

(C) ANY CONTENT OBTAINED FROM THE SERVICES; AND 

(D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ART BY SEHGAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. 

THE TOTAL AGGREGATE LIABILITY OF ABHAY SEHGAL AND ART BY SEHGAL FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE ARTWORK SHALL NOT EXCEED THE AMOUNT YOU PAID TO ART BY SEHGAL FOR THE SPECIFIC ARTWORK GIVING RISE TO THE CLAIM.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Abhay Sehgal and ART BY SEHGAL, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable advocates fees) that such parties may incur as a result of or arising from your (or anyone using your account's) violation of these Terms, your infringement of any Intellectual Property Rights, or your misuse of the Artwork. This indemnification obligation shall survive the termination of these Terms and your use of the Artwork.

13. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India. Any dispute or claim arising out of or in connection with these Terms or the purchase of Artwork shall be subject to the exclusive jurisdiction of the courts located in Gurugram and Delhi, India.

14. DISPUTE RESOLUTION

Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall first be attempted to be resolved amicably through good faith negotiations between the parties. If an amicable resolution is not reached within 10 days, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended. The seat of arbitration shall be Delhi, India, and the language of the arbitration shall be English.

15. AMENDMENTS TO TERMS

Abhay Sehgal reserves the right to modify or update these Terms at any time, at his sole discretion, by posting the revised Terms on the ART BY SEHGAL website. Your continued use of the services or purchase of Artwork after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any updates.

16. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Abhay Sehgal regarding the subject matter hereof and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Abhay Sehgal with respect to such subject matter.

18. RELATIONSHIP OF PARTIES:

It is expressly agreed that the Artist acts strictly as an independent professional and creator. No purchase, engagement, or custom artistic project shall constitute a "contract of service," partnership, joint venture, or employer-employee relationship between the Artist and the Customer.

19. CONTACT INFORMATION

For any questions regarding these Terms or any other inquiries, please contact Abhay Sehgal at:

Email: contact@artbysehgal.com

Address: House no 172, New Jawahar Nagar, Model Town, Jalandhar, Pin 144003, Punjab, India.