Terms & Conditions
APPLICABILITY AND AMENDMENT OF TERMS
5. You agree, understand and acknowledge that the Website is an online platform that enables you to purchase products listed on the Website at the price indicated therein and on such other terms and conditions as may be specified on the Website. The products to be sold, the price and other mechanisms of sale shall be the sole discretion of the Company.
ELIGIBILITY TO USE THE WEBSITE/APP
7. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
8. If you are registering as a business entity, you represent that you have the authority to bind the entity to the Terms.
9. Those who choose to access the Website from outside India are responsible for compliance with applicable local laws.
REGISTRATION AND ACCESS
10. If you wish to avail the services on the Website, you might have to register on the Website and become a registered user. By registering on the Website, you agree to the terms that may be notified to you or updated on the Website from time to time. To register on the Website, you will have to provide certain information such as your name, age, along with other information such as your address, mobile number, email ID, password as well as data relating to your choice of art and such other additional information as may be considered relevant by the Company for sale of the products listed on the Website . Please note that providing additional information beyond what is required at registration is entirely optional and can be altered or removed by you at any time. However, please note that the experience and ability of the Website in assisting you to use and avail the services shall be limited to the accuracy and completeness of the information shared by you on the Website. We assume that any information that may be provided by you relating to a nominee shall be provided after obtaining due consent of such nominee.
11. You shall have the ability to review any of the information provided by you at the time of registration. In case of any change in the information provided at the time of registration, you will be required to intimate us immediately. Until you specifically notify us of the change, the information provided by you at the time of registration will be deemed to be current. The Website provides features to update information as and when necessary.
12. Registration is a one-time process and if you have previously registered on the Website, you may login into your account using the same credentials as provided by you during the registration process.
13. When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. You agree to (a) ensure that you exit from your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of your account information or any other breach of security. The Company shall not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user or visitor of the Website due to unauthorized use of your account as a result of your failure to keep your account information secure and confidential.
14. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, updates or for introduction of new facilities or services. However, we do not take responsibility for internet related issues. We will also not be responsible for loss of any data in the process of any repairs, maintenance, updates or introduction of new facilities or services by us.
15. The products sold on the Website and any related services may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express prior written consent of Underlyn. You may not frame or utilize framing techniques or enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Underlyn without express prior written consent of Underlyn. You may not use any meta tags or any other “hidden text” utilizing Underlyn’s name or trademarks without the express written consent of Underlyn. You may not: misuse the Website; make commercial use of the products sold on the Website or any collection and use of any product listings, descriptions, or prices; any derivative use of any of its contents; any downloading, copying, or other use of account information for the benefit of any third-party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in the Terms are reserved and retained by Underlyn. Please also refer to the Intellectual Property Policy of the Company provided on the Website.
RIGHTS AND OBLIGATIONS RELATING TO CONTENT
16. The Company hereby informs users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India or any other state, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
17. Users are also prohibited from:
(a) violating or attempting to violate the integrity or security of the Website or the Company;
(b) transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to business and services contemplated through the Website;
(c) intentionally submitting on the Website any incomplete, false or inaccurate information;
(d) making any unsolicited communications to other users;
(e) using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
(f) attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
(g) copying or duplicating in any manner any of the Company content or other information available on the Website;
(h) framing or hot linking or deep linking any Website content.
(i) circumventing or disabling any digital rights management, usage rules, or other security features of the software.
18. The Company, upon obtaining knowledge by itself or made known by an affected person in writing or through email about any such information as mentioned above, shall be entitled to disable such information that is in contravention of the above. The Company shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
19. In case of non-compliance with any applicable laws, rules or regulations, or the Terms by a user, the Company has the right to immediately terminate the access or usage rights of the user to the Website and services and to remove non-compliant information from the Website without notice.
20. The Company may disclose or transfer user-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer.
21. The Company shall not be responsible for any violations of any intellectual property rights and the user shall also comply with the IP Policy of the Website.
INTERACTION ON THE WEBSITE
22. The layout of the Website allows the user to interact with the Website. The Website may provide you with content, text, images, information relating to the products and the Website (collectively, “Information”). Such Information is only provided to facilitate better use of the Website by you.
23. The creation of an account and use of the Website is free of cost. You hereby understand that this ‘no charge’ policy may be amended at any time at the discretion of the Company. However, you shall be required to pay for any product that you may purchase from the Website.
24. When you intend to purchase any product from the Website, you must designate and provide information about your preferred payment method(s) (“Payment Method”) as provided under the Website and also set out hereafter. This information must be complete and accurate, and you are responsible for keeping it up to date. You may note that the Company may save and store the information relating to the Payment Method, as may be provided by you, for future transactions that you may enter into through the Website as well as for applicable refund processes, if any.
25. Unless otherwise stated, the price of the product shall be payable in advance and shall be final and non-refundable except otherwise stated by the Company on the Website.
26. All orders and payments shall be subject to applicable import duties, fees and taxes which shall be clearly communicated to you at checkout.
27. We make every effort to ensure that the availability of products on our Website is accurate and up to date. However, in the event there is unavailability of any product, we shall have the right to cancel the sale.
28. We reserve the right to correct any inaccuracies or omissions related to pricing and availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice.
29. Credit/Debit Card and Net Banking Payments are processed via our online payment service partners PayPal and Stripe. Please ensure to read the terms and conditions of our service partners.
30. The payment gateway option is provided to the users to make payment easier. In case of you are unable to make payment, you may contact us at firstname.lastname@example.org.
RETURN AND REFUND POLICY
31. Unless specified otherwise by the Company, the products sold on the Website are considered to be final sale and shall be non-returnable and non-refundable. In the event, there is any damage/ defect with your order, you may contact us at: email@example.com within 48 hours of delivery of the product to you with an images of the incorrect/damaged product AND the packaging it was delivered in.
32. Return will be processed only if:
(a) Underlyn was informed about the receipt of an incorrect / defective product by the customer within 48 hours of delivery of the same
(b) it is determined by us that the product was not damaged while in your possession;
(c) it is determined by us that the product was not used in any manner while in your possession;
(d) the shipped product was different from what was ordered by you;
(e) the product is returned in original condition (in the original box, all tags intact, and all the accessories and hardware therein).
33. All returns must be approved by Underlyn prior to shipping the product back to us. Shipping of approved returns must be done only through one of our approved carriers. Underlyn will send you a return label once we approve your return. Approved returns can only be shipped using the return label provided by Underlyn, using an Underlyn approved shipping carrier. Approved returns must be packed in the product’s original packaging box and secured properly to ensure safe transit back to our production center. Underlyn reserves the right to deny unauthorized returns that do not meet or follow our return policy and procedures.
34. All decisions regarding return of the product or return for a refund or return for replacement shall be at the sole discretion of Underlyn and the decisions of Underlyn shall be final. Return parcels remain the responsibility of the customer until received by Underlyn.
35. We allow order cancellations till 1 hour from the time of order placement. To cancel an order, contact our customer experience team at firstname.lastname@example.org with your order number. We are unable to process cancellations for items that have already gone into production.
SHIPPING OF PRODUCTS
36. A flat rate shipping charge will be applicable on all orders under $500 (subtotal before shipping).
37. If a return is accepted by us as per clause 33 and 34 above, the amount of the order will be refunded to your original payment method.
INTERACTION WITH OTHER WEBSITES
OCCURRENCE OF ADVERSE EVENTS
39. Upon the occurrence of an Adverse Event (as defined hereinafter), you hereby agree to promptly, and in any event, not later than 7 (Seven) days from the date of occurrence of such Adverse Event, inform the Company of the occurrence of such Adverse Event, and the nature of such Adverse Event. You hereby agree not to hold the Company responsible for any Adverse Event and associated issues.
40. The term “Adverse Event” shall refer to any adverse consequences, or adverse events, that occur consequent to, or resulting out of breach of user account, non-delivery/dispatch of product to user, unauthorised blocking of user account or as part of any ongoing order – yet to be delivered – that the user is currently on or has been on.
SHARING OF PERSONAL INFORMATION
41. The Company does not intend to share your personal information with third parties, unless with your consent. Notwithstanding the foregoing, the Company may share personal information as follows:
(a) when the Company enters into an agreement for sale or transfer of all or a part of its business or assets.
(b) for legal, protection and safety purposes;
(c) to respond to lawful requests and legal processes;
(e) in an emergency to protect the safety of its employees, or any other connected person;
(f) to improve user experience on the Website;
(g) for the purpose of fraud protection and credit risk reduction;
(h) for record keeping purposes.
42. The Company may make some content, products and services available through the Website through co-operative relationships with third-party providers. The Company may share with such a partner any information that you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with Company partners.
43. By using or accessing this Website you expressly consent to the sharing of personal information as provided above.
44. You agree to indemnify and hold the Company, its successors, subsidiaries, affiliates, any related companies, its suppliers, licensors and partners, and the officers, directors, employees, consultants, agents and representatives harmless, including costs and attorneys’ fees, from and against any claim, demand, damages, liability, loss, proceedings, arising out of (a) your use of the Website; (b) your violation of the Terms; (c) your violation of any third-party rights; (d) content or Information shared by you on the Website. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
45. The Company shall be entitled to suspend or terminate a user’s access to the Website, with or without notice, and to exercise any other remedy available under law, in cases where:
(a) Such user breaches any Terms;
(b) A third-party reports violation of any of its right as a result of your use of the Website;
(c) The Company is unable to verify or authenticate any information provided by a user;
(d) The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of the user; or
(e) The Company believes in its sole discretion that user’s actions may cause legal liability for such user, other users or for the Company or are contrary to the interests of the Website.
(f) For any other reason which in the discretion of the Company is detrimental to the Company by the continued use of the Website by the user.
46. Once temporarily suspended, indefinitely suspended or terminated, the user may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such user shall no longer have access to data, messages, files and other material kept on the Website by such user.
NO GUARANTEE OR WARRANTY
47. Your use of the Website is at your own discretion, judgment and risk. The products sold on the Website as well as any services provided thereunder are provided without any guarantee or warranty of any nature including representations, warranties, conditions of merchantability, fitness, title, representation in relation to ownership, intellectual property, or through usage of trade as well as security of the Information you may provide on the Website to purchase the products or avail any other services on the Website. The products and allied services are being provided on an “as is where is” and subject to availability.
48. We will attempt to keep the information on the Website accurate and updated. However, we make no guarantees, representations or warranties, whether expressed or implied, with respect to description or quality of the products, work, expertise or other information and content provided on the Website. You shall use the Website at your sole discretion. In no event shall we be liable to you or anyone else for any decision made or action taken by you when you visit the Website. The Company will also not be liable for any failure or delay in the delivery of the product including but not limited to courier delays.
49. The Company also does not endorse any third-party links that you may access through the Website. As stated above, you shall be responsible in relation to any claim or damage that may occur to you or any third-party on account of use of such third-party website. The Company shall not be responsible in any manner for any such claims or damages.
50. We do not warrant that the Website will not have any errors or that it shall be free of bugs. The Company shall not be responsible for any liability or damage that may arise to you or any third-party on account of any errors in the Website.
51. Underlyn’s products are handcrafted one at a time by skilled artisans with limited use of machinery for some parts of the process. It is therefore extremely rare to create identical items. The textile art and the frames are creations of artisans and are based on craft styles. There may be natural blemishes/variations that are not product flaws. Such variations are inherent in the manufacturing of handmade products. Therefore, minor distinctions that make your buys special and truly one-of-a-kind.
52. The hardware we provide with our framed pieces such as hooks, nails etc. are provided by external vendors. The hardware is complementary and its use is at your discretion. We do not guarantee or warranty such hardware and shall not be responsible if there is any damage or loss caused to you or the product due to use of such hardware.
53. Due to the nature of the products available on the Website, we try to ensure that the products displayed at the time of placing an order are as close to the end product received by you. However, there may be variations in the product’s images against the product(s) which you may receive due to variations in electronic screens settings (computer/laptop/tablet/Smartphones). The details of the products or product specifications (weight, colour, handwork details, size, etc.) as mentioned on the Website, are only approximate values. The hue and colours of the product, in print and physical form may also vary from a displayed picture of the product on your screen.
54. As far as possible, our products are eco-friendly to promote sustainable and responsible use of raw materials. For the sake of clarification, we use sustainably sourced wood, lead-free paint, recyclable paper as packaging boxes in our packaging and minimal water during production. We also strive to restrict the usage of single use plastic to a bare minimum.
55. The artwork is the sole creation of the artist based on their source of inspiration. We make no representation that any products on sale on the Website are appropriate in nature whether morally or otherwise. We do not represent or promote any particular line of thought, inspiration, ideas or creativity and disclaim any liability with respect to the artist’s originality/inspiration for the artwork/product and also do not bear any responsibility for art or product that may offend, disparage or hurt your or any other person’s sentiments. The expression of art form is subjective and may vary with your views. If you find the products or any related services to be of inappropriate nature or not in consonance with your moral or ethical views, please refrain from using the Website.
LIMITATION OF LIABILITY
56. In no event shall the Company or any of its directors, officers, employees, agents, consultants or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, user’s provision of information via the Website, lost business or lost end-users, even if such Protected Entities have been advised of the possibility of such damages.
57. In no event shall the Protected Entities be liable for:
(a) Any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website;
(b) The products sold on the Website;
(c) Any unauthorized access to or alteration of your data; or
(d) Any other matter relating to the Website or the products sold under the Website.
RETENTION OF INFORMATION
58. The Company may retain information collected from users through the Website for administrative purposes. Further, such information may be stored for such a period as may be necessary including for use of such information by the users.
59. For any grievance in relation to the use or access of the Website, you may write to our below mentioned Grievance Officer clearly specifying the nature of your grievance. We will attempt to resolve the issue raised as expeditiously as possible. Upon receipt of a complaint we may take necessary actions, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, for the resolution of your issue, you grant to Underlyn the right to use, reproduce, publish, share, translate any information provided by you on the Website. You agree to indemnify the Company for all claims against the Company arising out of or in connection with the grievance submitted by you.
60. Giving false, misleading or inaccurate information in a complaint to the Company may result in civil and/or criminal liability against you. You should contact a legal advisor should you have any questions.
61. You may send your grievance under a duly signed letter by post or email to:
Name: Sruti Kante
62. GOVERNING LAW, ARBITRATION & JURISDICTION: The Terms shall be governed by the laws of India. In the event of any dispute arising out of or relating to the Terms between a user and the Company, an attempt shall be made to resolve such dispute through mediation conducted by and under the rules of the Centre for Advanced Mediation Practice (CAMP). In the event the dispute is not resolved through mediation within 30 (thirty) days of reference of the dispute to CAMP, then it shall be referred to arbitration by a sole arbitrator in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be Bengaluru. The arbitration shall be conducted in the English language. The award shall be final and binding on the parties to the dispute. Subject to the resolution of disputes by arbitration, courts at Bengaluru shall have exclusive jurisdiction.
63. SEVERABILITY: If any provision of the Terms is held to be unenforceable under applicable law by a court of competent jurisdiction or an arbitral tribunal, then such provision shall be excluded from the Terms and the remainder of the Terms shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
64. WAIVER: No provision of the Terms shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company for any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
65. ASSIGNMENT: You are not permitted to transfer or assign any license or rights granted under the Website to you, however the Company may assign its rights to any third-party without any intimation or restriction.