TERMS AND CONDITIONS
By placing an order on www.kynkyny.com, you have deemed to have accepted the terms and conditions listed below. Kynkyny reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read these terms and conditions carefully each time he or she decides to make purchases based on the perusal of the Website.
All artworks and information displayed on the Website will constitute an “invitation to offer”. Your order for purchase or use of Kynkyny’s online services constitutes your “offer” which shall be subject to the terms and conditions listed below. Kynkyny reserves the right to accept or reject your offer.
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
The agreement between you and Kynkyny shall be subject to the following terms and conditions:
2. All prices of the products are in Indian Rupees (unless indicated otherwise).
3. All prices and availability of artworks are subject to availability of such artworks with Kynkyny. Kynkyny reserves the right to change the prices and availability of such art-works without giving prior notice at the sole discretion of Kynkyny. Kynkyny further re-serves the right to cancel any booked orders, in the event of non-availability of such products at the time of placing the order.
4. The artworks made available for sale on the Website may not always be in the physical possession of Kynkyny and may be physically located anywhere in the world.
5. Payment and Cancellation
Once an order is placed on the Website, you are required to make payment for the price of the artwork, as well as the charges referred to in clauses 5 and 6 above, within 7 work-ing days from the date of placing the order. In the event of making online payment, at the time of publishing the application, you will be required to provide their billing details through our online payment gateway. The fees shall be payable in advance and shall be non-refundable. Depending on the account that you choose, the respective payment gate-way will be storing your credit/debit card information, and will automatically debit the fees from your designated bank account. At no time during the process of the transaction or during the billing period does Kynkyny become privy to your credit/debit card infor-mation and cannot be held liable for the loss or misuse of this information.
6. All artworks made available for sale on the Website will be sold at the price listed and no discounts will be granted to the User. The price of the artwork listed does not include du-ties, taxes, shipping and handling, which will be charged as applicable, and would depend on the physical location of the artwork as well as the shipping address provided by the User. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for the delivery of the artworks.
7. The User agrees that the User is liable for any duties and taxes that might be applicable on the purchase as per clause 5 above and such charges shall be payable in addition to the price of the artwork.
8. Placing an order on www.kynkyny.comconstitutes an irrevocable acceptance of the purchase. Unless rescinded/canceled by Kynkyny within 2 working days on account of a default by the Seller or any prior or continuing breach by the User, such acceptance results in an enforceable contact of sale. The contract of sale is between Kynkyny (acting as the agent of the Seller) and the User. Kynkyny shall not entertain any request by the User for cancellation of orders placed on the Website.
9. You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks from the Sites. In particular, you warrant that all informa-tion that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all charges plus all applicable taxes for the purchases made by you. In a credit card transaction, you must use your own credit card. Kynkyny will not be liable for any credit card fraud. The liability of using a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
10. The artworks will be delivered/ shipped to the User once all necessary documentation relating to transportation, tax, etc. as may be reasonably requested for by Kynkyny are completed, and the payment has been realized in full including any additional charges.
11. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the User.
12. In the event that the User chooses to collect the artworks from Kynkyny herself, she must do so within two weeks of Kynkyny receiving the payment. In the event that the artworks are not collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Kynkyny.
13. Product Descriptions
Kynkyny and its affiliates attempt to be as accurate as possible.Kynkyny is authorized by the Sellers to exercise complete discretion in
(i) the illustration and descriptions of artworks for viewing and sale and
(ii) the acceptance or rejection of orders received.
However, Kynkyny does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by Kynkyny itself is not as described, your sole remedy is to return it in an unused condition.
14. All artwork displayed on the Website is supported by an authenticity guarantee from the Seller. Based on this, Kynkyny will issue a specific authenticity guarantee for every art-work sold on the Website.
15. Kynkyny will be using the services of secure payment gateways for all payments to be made for the purchase of the products. Depending on the payment method that you choose, the respective payment gateway will be storing your credit/debit card informa-tion, and will automatically debit the amount from your designated bank account. You, (the User) agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (in-cluding, without limitation, your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
16. The User warrants that all the information furnished at the time of registration is true, au-thentic and correct, and any change in the information provided will be updated and inti-mated to Kynkyny immediately. Kynkyny is entitled to act on the basis of the informa-tion provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration at any point of time. Where Kynkyny forms a reasonable view that any or all of the above information is inaccurate or untrue, the regis-tration may be suspended or cancelled, and the User debarred from using the services of www.kynkyny.com. However, such registration will be restored immediately on the User furnishing information to the satisfaction of Kynkyny.
17. In the event that non-delivery occurs on account of a mistake by the User (i.e. wrong name or address) any extra cost incurred by Kynkyny for redelivery shall be claimed from the User placing the order.
18. Kynkyny shall not be liable for any delay / non-delivery of purchased artworks due to delay by any force majeure event. A force majeure event means any event that is beyond the reasonable control of the affected party and shall include, without limitation, sabo-tage, the couriers, flood, fire, wars, acts of God civil commotion, strikes or industrial ac-tion of any kind, riots, insurrection, war, acts of government, breach of security and en-cryption, etc. or any cause that is beyond the control of Kynkyny.
19. Kynkyny will not be responsible for any damage suffered by users from use of the ser-vices on this Website. This, without limitation, includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur be-cause of any act / omission of the Seller. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, de-letion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
20. Kynkyny follows a strict No-Returns policy.
21. All products purchased online will be insured for any damage during transit at the User’s cost. We will pack the products in the best possible manner to ensure the safety of the product. In no event will Kynkyny be liable to the User for any damage/breakage damag-es caused to the product during the transit. However, the User can claim the amount from the insurance company, in which case, Kynkyny shall assist the User in coordinating with the insurance provider for making such claims.
22. Kynkyny reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes it introduces in the market from time to time. Kynkyny, at its discretion, can withdraw a particular scheme from the Website or market
23. The User expressly agrees that the use of the services of Kynkyny is at the User’s sole risk. The services of the Kynkyny Website are provided on an “as is” basis without war-ranties of any kind, whether express or implied. Kynkyny, its affiliates, employees, agents, consultants, contracted companies make no warranties of any kind, whether ex-pressed or implied, for the service it is providing, or as to the results that may be obtained from use of the service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this service. Kynkyny does not represent or warrant maintaining the confidentiality of information; although Kynkyny’s current prac-tice is to utilize reasonable efforts to maintain such confidentiality. It is also clearly un-derstood that all warranties, implied or express take place between the Seller and the Us-er.
25. Electronic Communications
When you visit our Website or send e-mails to us, you are communicating with us elec-tronically. You consent to receive communications from us electronically. We will com-municate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you elec-tronically satisfy any legal requirement that such communications be in writing.
All content included on this Website such as text, graphics, logos, button icons, images of products, arts, digital downloads, data compilations, and software, is the property of kyn-kyny.com or its content suppliers. The compilation of all content on this Website is the exclusive property of kynkyny.com. All software used on this Website is the property of kynkyny.com or its software suppliers.
27. Disclaimer of warranties and limitation of liability
This Website is provided by Kynkyny on an “as is” and “as available” basis. Kynkyny makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your sole risk.
28. To the full extent permissible by applicable law, kynkyny.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kynkyny does not warrant that this Website, its serv-ers, or e-mail sent from kynkyny.com are free of viruses or other harmful components. Kynkyny will not be liable for any damages of any kind arising from the use of this Web-site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
You agree to defend, indemnify and hold Kynkyny and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website.
The headings and subheadings herein are included for convenience and identification on-ly and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
31. Interpretation Of Number And Genders:
The Terms herein shall apply equally to both the singular and plural form of the terms de-fined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
33. Report Abuse:
As per these Terms, users are solely responsible for every material or content uploaded on to the Website www.kynkyny.com as Kynkyny does not review the contents in any way before they appear on the Website. Kynkyny also does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to email@example.com.
34. This agreement shall be construed in accordance with the laws of India to the exclusion of all other laws. The Courts at Bangalore, India shall have exclusive jurisdiction in any proceedings arising out of this agreement