Terms of service

TERMS AND CONDITIONS FOR ART BY SEHGAL

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 & "1-of-1" Designation: 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. The designation of an Artwork as an "original" or "1-of-1 creation" pertains solely to the uniqueness of the physical master canvas. It does not transfer ownership of the Intellectual Property Rights, including copyright, in the Artwork. The copyright remains vested solely with Abhay Sehgal, who expressly reserves the exclusive right to create, license, and sell limited edition prints, reproductions, and derivative formats of the underlying visual work.

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.

f. AI Scraping and Machine Learning Opt-Out: The Customer and any third-party digital entities are strictly prohibited from data scraping, crawling, mining, or extracting any digital files, high-resolution images, or visual assets from the Website for the purpose of training Artificial Intelligence (AI) algorithms, generative art networks, or machine learning models. The Artist explicitly exercises their right to opt-out of any "fair dealing" exceptions for AI training purposes, and any such unauthorized extraction shall constitute a direct and material infringement of the Artist's copyright.

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."

4.9. Assertion of Artist's Resale Right (Section 53A): In accordance with Section 53A of the Copyright Act, 1957, Abhay Sehgal expressly asserts and retains the absolute statutory right to a resale share in any subsequent secondary market sales of original Handmade Art. Should the Customer or any subsequent owner resell an original physical painting, drawing, or tangible artwork for a price exceeding ₹10,000 (Ten Thousand Indian Rupees), the Artist is legally entitled to a percentage share of the resale price as determined by the Copyright Board. The Customer agrees to notify the Artist of any subsequent public or gallery resale of original Handmade Art to facilitate this statutory right.

 

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. While the base catalog prices displayed on the website do not include taxes or shipping costs, in strict compliance with e-commerce regulations, the final total price (inclusive of applicable statutory taxes such as GST and calculated shipping fees) will be explicitly displayed at checkout prior to payment processing. For international shipments, any local customs duties or import levies remain the sole financial responsibility of the Customer.

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.

6.4. Changes to Limited Editions: Even if an Artwork (Digital Art or Handmade Art) is initially sold as a "Limited Edition",ART BY SEHGAL reserves the right to increase the total number of copies produced. In cases of high demand, we may release additional prints, open editions, or artist proofs beyond the original number. By purchasing a limited edition, the Customer understands that the edition size can change without notice, and ART BY SEHGAL does not guarantee the permanent scarcity, and exclusivity of the Artwork.

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.

e. Tokenization Ban: Minting, tokenizing, or encrypting the Digital Art as a Non-Fungible Token (NFT) or any other blockchain-based digital asset on any cryptocurrency or Web3 platform.

8. HANDMADE ART SALES

8.1. Physical Delivery & Format: Unless explicitly agreed otherwise in a written commission agreement, all original Handmade Artworks are shipped strictly unframed and rolled in heavy-duty protective PVC tubes to ensure transit safety. The procurement of stretching bars and custom framing remains the sole responsibility of the Customer.

8.2. Transit and Insurance: ART BY SEHGAL engages trusted third-party logistics carriers to deliver Handmade Art. While shipments are insured against transit loss until delivery, the Customer is strictly obligated to accept delivery and immediately inspect the external packaging upon arrival.

 

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. Damage Claims and Unboxing Evidence: Exceptions to the final sale policy are solely at the discretion of Abhay Sehgal. To claim transit damage, the Customer must provide continuous, unedited unboxing visual evidence (a single video recording showing the sealed packaging being opened and the defect revealed) to our support channels within forty-eight (48) hours of verified delivery. Claims submitted without this video evidence, or after 48 hours, shall be deemed time-barred and summarily rejected.

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.

10.1. Certificates of Authenticity (COA): Original Handmade Art is accompanied by a physical Certificate of Authenticity signed by Abhay Sehgal. This COA is provided strictly as proof of physical provenance and does not transfer any Intellectual Property Rights. The Customer is solely responsible for the safekeeping of the COA. ART BY SEHGAL assumes no liability for lost, stolen, or damaged COAs and is under no obligation to reissue them.

10.2. Environmental Factors and Natural Aging: The Customer acknowledges that physical Artwork is susceptible to natural aging, fading, and environmental degradation. ART BY SEHGAL disclaims any warranty or liability against changes in color, canvas warping, or material degradation resulting from exposure to direct UV sunlight, improper framing, humidity, or extreme temperature fluctuations following delivery.

 

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 New 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 New 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. PRIVACY, DATA PROTECTION, AND STATUTORY RIGHTS:

19.1  Data Processing and Fiduciary Accountability All personal data, contact coordinates, shipping addresses, and transaction metrics collected through the ART BY SEHGAL platform are managed securely and in strict alignment with the Digital Personal Data Protection (DPDP) Act, 2023. Abhay Sehgal, trading as ART BY SEHGAL, acts as the primary Data Fiduciary regarding your personal data. The complete mechanics of data collection, third-party sharing, and security safeguards are detailed in our standalone Privacy Notice.

19.2  Statutory Rights of the Customer (Data Principal) In compliance with the DPDP Act, 2023, you are entitled to exercise the following statutory rights regarding your personal data processed by us:

1. Right to Access and Correction: You maintain the right to request a summary of the personal data we process, the identities of all Data Processors (e.g., shipping and payment partners) with whom the data has been shared, and the right to demand the correction or updating of inaccurate records.
2. Right to Erasure: Upon the fulfillment of the specific purpose for which data was collected (e.g., successful delivery of your Artwork), or upon your explicit withdrawal of consent, you may request the total erasure of your personal data from our systems, subject to mandatory retention periods required under Indian financial and taxation laws.
3. Right to Withdraw Consent: Where data processing is based solely on your affirmative consent (such as subscribing to exclusive art drops and studio updates), you may withdraw such consent at any time.
4. Right to Nominate: You possess the right to nominate another individual to exercise your statutory data rights in the event of your death or incapacity.

19.3  Prohibition on Minor Data Processing Our platform and Artwork are intended strictly for individuals who have attained the age of majority (18 years). We do not knowingly collect personal data from, or enter into commercial contracts with, minors without verifiable parental or guardian consent. If we become aware that a minor's data has been collected unlawfully, it shall be immediately and permanently erased from our servers.

19.4  Grievance Redressal Mechanism To exercise any of your statutory data rights or to escalate a privacy-related concern, you must submit a formal written request to our designated Grievance Officer at contact@artbysehgal.com. All verifiable requests will be acknowledged within forty-eight (48) business hours and resolved within the timeframe mandated by statutory rules.

 

20. 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.