GENERAL

ARTS SOUTH ASIA.COM having its registered office Office no 14, 3rd floor, Hilltop arcade Phase 4, Gizri Boulevard, DHA, Karachi, Pakistan, provides website features and other products and services to buyers when they visit or shop at www.Arts South Asia.com (the “Website”), or use Arts South Asia.com for any other products or services.  Arts South Asia.com provides its services and sells its products to buyers subject to the terms and conditions (‘T&C’) set out below, and these T&Cs are applicable to the all the transactions entered into online through the Website. In order to use or shop at the Website, the buyer must be a registered user and must agree to be bound by these T&Cs.

Arts South Asia.com offers a wide range of services, and sometimes additional terms may apply for certain services.  When a service is used, the buyer will also be subject to the additional terms, guidelines and conditions applicable to those services as well in addition to these T&Cs.  If these T&Cs are inconsistent with the particular service terms, the particular additional service terms will control and prevail.

By placing an order through the Website, buyers confirm that they have read and understood the T&Cs (including any special or additional terms and conditions, if any) and agree to be bound by these T&C’s and signify their acceptance to enter into a legally binding agreement with Arts South Asia.com (or an independent seller) based on these T&C’s (including any special or additional terms and conditions, if any).

These T&Cs may be changed by Arts South Asia.com from time to time without specific notice, but without retrospective effect. The latest T&Cs will be posted on the Website, and buyers should always review these T&Cs prior to using the Website to ensure that they have a current understanding of the T&Cs under which they are permitted to access, use and place orders through this Website.

PRODUCT INFORMATION

Arts South Asia.com feature products on its Website that have been carefully selected for sale on the Arts South Asia.com Website. Once an item is sold out it will be taken off the Website at the earliest opportunity and, considering the nature of the products being sold, may never be available again, unless a buyer puts it up for sale again. Prices of products may change from time to time.

Arts South Asia.com is not the manufacturer or the creator of the products sold on this Website. While Arts South Asia.com works to ensure that product information on the Website is correct, actual packaging and materials may differ slightly when compared to the information and pictures displayed on the Website.

ORDER

By accessing the Website and placing an order to purchase any of the items listed, buyer confirms that he/she is of legal age and have the necessary capability to enter into an agreement of this nature, and that the information provided is truthful and correct. Any misleading, incorrect or inaccurate information provided may lead to a termination of the agreement by Arts South Asia.com without any compensation or refunds.

All orders placed on this Website will be subject to acceptance in accordance with these T&Cs.

Non-acceptance of an order may be due to any one or more of the following non-exhaustive reasons:

• The product ordered is out of stock;
• Arts South Asia.com’s inability to obtain authorisation for your payment;
• Arts South Asia.com has identified a pricing or product description error;
• There is a system or procurement failure; and
• Failed customer validation checks.

After placing an order on the Website, Arts South Asia.com shall email the buyer an acknowledgement detailing the product(s) that have been ordered. This email is not an order confirmation or order acceptance from Arts South Asia.com.

Acceptance of an order and the completion of the contract between the buyer and the seller will take place when the ordered item is dispatched by the courier company responsible for making the delivery. Arts South Asia.com will email the buyer that the order has been dispatched by the courier company along with providing the requisite tracking details. Arts South Asia.com reserves the right to dispatch multiple orders separately.

No order will be dispatched unless the payment for it in full has been received by Arts South Asia.com.

All reasonable care is taken to ensure that all details, prices, photographic representations and descriptions of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Arts South Asia.com has made every effort to display as accurately as possible the appearances, colours, textures or finishes of the products that appear on the Website. What is seen will depend on the users monitor and computer equipment, Arts South Asia.com is therefore unable to guarantee that the product images are an accurate representation of the actual merchandise.

If, for any reason, buyers wish to cancel any order that has been placed before it has been despatched, buyer can cancel the order themselves in the ‘My Account’ section of the Website. As it is Arts South Asia.com’s policy to try to process orders immediately and many items being sold through the Website being unique in nature, it may not always be possible to cancel an order from being dispatched.

DELIVERY

Delivery shall be made through a reputable national/international courier service provider. Standard delivery time to all destinations should be expected. Standard delivery charges as quoted by the courier company shall be applicable and payable by the buyer at the time of making the purchase.

The delivery time and date can be tracked through the courier company, details of which shall be provided by Arts South Asia.com in the order dispatch confirmation email.

Please note that a delivery may take longer during holiday season or other busy periods. Arts South Asia.com is unable to guarantee delivery time under any circumstances, and any queries, complaints or disputes with regards to delivery should be addressed directly to the courier company. Arts South Asia.com shall be under no liability for any delay or failure to deliver the products within estimated timescales.

Risk of loss and damage of products passes on to the buyer on the date when the products are handed over to the courier company for onward delivery to the buyer. Arts South Asia.com shall send an email confirming the dispatch of the order to the buyer.

PRICING AND  AVAILABILITY

All prices are inclusive of applicable taxes (where applicable) at the rate appropriate to the country where the registered office of Arts South Asia.com is located. Any costs, duties, charges or levies with regards to customs or imports as applicable in the country of delivery shall be solely on account of the buyer. The buyers are advised to check the rates and mode of payments for payment of such charge, duties and levies as applicable in the country of delivery.

All prices are correct at the time of entering the information on to the system. Prices may change and offers may be withdrawn at any time before completion of an order.

Although Arts South Asia.com tries to ensure all its prices displayed on our website are accurate, errors may sometimes occur. If an error is discovered in the price of an item a buyer has ordered, Arts South Asia.com will contact the buyer as soon as possible. The buyer will have the option to reconfirm its order at the correct price or cancel it (if the item has not been dispatched by the courier). If Arts South Asia.com is unable to contact the buyer, it will treat that order in respect of the incorrectly priced item as cancelled.

Arts South Asia.com only tries and list items on the Website which are available for sale. Beyond what it says on that product information page or otherwise on the Website, Arts South Asia.com cannot be more specific about availability, as many of the items are being sold directly by the artists and/or by other vendors vide its platform, and it could be that such other vendors/artists may have sold the particular item directly or through their gallery without updating the information on the Website.  As Arts South Asia.com processes an order, it will inform the buyer by e-mail as soon as possible if any products ordered turn out to be unavailable, and the buyer will not be charged for those products.

ROLE OF ARTS SOUTH ASIA.COM

As Seller

Arts South Asia.com is the lead seller for items which form a part of the inventory of Arts South Asia.com and/or are the property of Arts South Asia.com, which products are displayed in other than art by  artists section of the Website. For transactions involving such products, Arts South Asia.com will be the seller and shall be responsible for the seller’s liability as contained in these T&Cs.

As Facilitator

Arts South Asia.com also allows third party sellers and artists to list and sell their products at Website as facilitator. In each such case this is indicated on the respective product detail page contained in art by artists section of the Website.  While Arts South Asia.com as a platform provider helps facilitate transactions that are carried out on the Arts South Asia.com platform, Arts South Asia.com is neither the buyer nor the seller of the seller’s items.  Arts South Asia.com provides a venue for sellers and buyers to complete sale/purchase transactions.  Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller.  Arts South Asia.com is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent.  The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller, including any claims pertaining to authenticity as given in Article 9 below.

Arts South Asia.com is neither responsible for examining or evaluating, nor warrants the offerings of any of the independent sellers, artists or their products.  Arts South Asia.com does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. 

LIABILITY AND INDEMNITY

Arts South Asia.com will do its best to ensure that availability of its services will be uninterrupted. However, due to the nature of the internet and the web business, this cannot be guaranteed.  Also, access to Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.  All attempts will be made to limit the frequency and duration of any such suspension or restriction.

Arts South Asia.com shall not be liable for any direct, special, incidental, indirect or consequential damages including loss of profit or loss of opportunity that result from the use of, or the inability to use, the Website and/or purchase of products through the Website, or the suitability of the product purchased through the Website or the conduct of other users of the Website, even if Arts South Asia.com has been advised of the possibility of such damages.

Arts South Asia.com will not be responsible for not being able to fulfil its responsibility in case of an event of forced majeure or frustration of contract. Forced majeure is defined as acts of God, riots, strikes, terrorism, natural disasters, changes in governmental policy and regulations, and all other such events over which Arts South Asia.com has no control.

Arts South Asia.com shall not, under any circumstances, be liable or responsible for any fraud or breach of contract by any individual seller or artist who is selling his/her products through the Website. All such disputes are to be resolved directly between the buyer and the seller. Additionally, Arts South Asia.com also disclaims all liability for all deliveries which are delayed or for all damages to the products which have occurred during delivery and transportation, and all such claims must be settled between the buyer and the courier company.

The Website may also contain links to other websites, which are not operated by Arts South Asia.com. When such links are activated, the user will leave Arts South Asia.com Website, and Arts South Asia.com has no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under its control.

Arts South Asia.com will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control.

Buyers and user of the Website agree to indemnify Arts South Asia.com and its agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these T&Cs by them.

Arts South Asia.com may terminate a user’s use of the website immediately if it considers that the user has breached these T&C’s.

PAYMENT MECHANISM

Payment up to PKR.500,000 will only be accepted by credit cards. Instructions will be provided for bank transfers for all payments exceeding this value.

If the buyer chooses to pay for an item using a payment card with a foreign currency denominated account, the account will still be taken in PKR.500,000 at the conversion rate applied by the relevant payment scheme at the time of processing the order.

Arts South Asia.com will take all reasonable care, in so far as it is in its power to do so, to keep the details of the purchase and payment secure, but, in the absence of negligence on its part, Arts South Asia.com will not be liable for any loss the buyer may suffer if a third party procures unauthorised access to any data when accessing or ordering from the Website. The Website uses industry standard Secure Sockets Layer (SSL) technology to provide encryption of personal information such as name, address and credit card details.

By making an offer to buy a product, the buyer specifically authorise Arts South Asia.com to transmit information (including any updated information) or to obtain information about the buyer from third parties from time to time, including, but not limited to, debit or credit card number or credit reports, to authenticate the identity, to validate credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions for the buyer.

GUARANTEE FOR GENUINENESS AND AUTHENTICITY

Arts South Asia.com takes full responsibility and guarantees the authenticity and genuineness for all such products and items which are being sold and form a part of the portfolio or inventory of Arts South Asia.com. All purchases of such products which are owned by Arts South Asia.com will be accompanied by a certificate of authenticity issued by Arts South Asia.com, and Arts South Asia.com (as the seller) shall be responsible for any complaints for genuineness and originality in this regard.

In case an item which has been certified as genuine by Arts South Asia.com turns out to be non-genuine, then Arts South Asia.com shall refund the entire purchase price paid for such an item by the buyer as its maximum liability for full and final settlement of dispute.

The independent sellers and artists selling items through the Website shall certify the buyers for the authenticity and genuineness for all items being sold by them.  All purchases such products which are owned and sold by an individual sell or artist will be accompanied by a certificate of authenticity issued by the respective seller, and Arts South Asia.com shall not be responsible for any complaints for genuineness and originality in this regard.

In case an item which has been certified as genuine by an individual artist or seller turns out to be non-genuine, then the buyer and the seller shall settle the dispute amongst themselves without any reference or recourse to Arts South Asia.com.

GIFT CARDS

1. Gift cards can only be applied against purchase at www.Arts South Asia.com;

2. Gift cards can be purchased online using credit cards, bank transfer, personal cheques and cash on delivery (valid for purchase in Karachi, Pakistan only);

3. Gift Cards can be purchased for fixed amounts in Rupees (or equivalent amount in any foreign currency ) for Rs. 5000, Rs. 10,000, Rs. 15,000 and Rs. 20,000. Gift Cards can also be purchased for any other denomination by choosing the relevant option;

4. Upon your purchase, an electronic Gift Card will be issued and mailed to you or your selected recipient as the case may be. Each Gift Card will feature a unique coupon code and can only be redeemed online at the www.Arts South Asia.comwebsite. In order to be redeemed, the unique coupon code must be entered when making online purchase;

5. Each Gift Card can be redeemed in full value towards any purchase at www.Arts South Asia.com. It can be used for partial amounts also upto the total value of the Gift Card but will never exceed the total value;

6. Gift Cards are transferrable. Once a Gift Card is purchased, Arts South Asia.com is not responsible for any lost or stolen or misuse of Gift Cards by any unintended party. Security and safe keeping of the Gift Card will be the sole responsibility of the purchaser/receiver of the Gift Card. Further Gift Cards are not replaceable for any reason;

7. Gift Cards can be used in conjunction with any other promotional offer that might be available at www.Arts South Asia.com ;

8. Gift Cards are not redeemable for cash;

RETURNS

Arts South Asia.com sells unique art pieces and paintings which have a high intrinsic and monetary value. Therefore, it is not possible for any returns of any product purchased through the Website.

MEMBERS ACCOUNTS & PRIVACY

Registering and using the Website may involve you setting up an account and giving a password. You are fully responsible for maintaining the confidentiality of your account and the password, and all activities that occur under your account or password. You agree to immediately notify Arts South Asia.com of any unauthorised use of your account or password and any breach of security or misuse or suspected breach of security or misuse of the service, and ensure that you exit from your account at the end of each session if you use a shared computer. Arts South Asia.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

The user must not use the Website or any service provided by Arts South Asia.com: (i) in any way that causes, or is likely to cause, any service or Website (or any access to it) to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

INTELLECTUAL PROPERTY, COMMENTS AND REVIEWS

Visitors and users of the Website may post reviews, comments and other content and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. 

Visitors and users may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content.  Arts South Asia.com reserves the right to remove or edit such content.  If any person believes that any content on or advertised for sale on the Website contains a defamatory statement, or that his/her copyrights or intellectual property rights are being infringed by an item or information on the Website, please notify Arts South Asia.com and it will respond.

If a user(s) posts content or submit material, such material becomes the property of Arts South Asia.com and users grant: (a) Arts South Asia.com a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Arts South Asia.com, its sub-licensees and transferees the right to use the name that you submit in connection with such content, if they choose.  No moral rights are assigned under this provision.

User(s) agree that submissions by him/her to the Website must not risk infringing any right of any third party and in addition, user(s) agree that no submissions by him/her to this website will be or contain libellous or otherwise unlawful, abusive or obscene material or constitute an invasion of privacy. As such, user(s) is and shall remain solely responsible for the content of any submissions he/she make to the Website.

User(s) acknowledge and agree that the material and content contained within the Website is made available for his/her personal non-commercial use only and that he/she may only download such material and content for the purpose of using the Website and making purchases thereof. Accordingly, he/she agree not to use the Website to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Nothing contained in these T&C’s shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Arts South Asia.com or the Website.

WAIVER

An event where these T&Cs are breached and Arts South Asia.com takes no action should not be considered as a waiver by Arts South Asia.com of its rights to pursue legal action against the offender.

Moreover, a waiver for one breach will not constitute as a waiver for subsequent breach(es), and Arts South Asia.com will still be entitled to use its rights and remedies in any other situation where these T&Cs are breached.

JURISDICTION

Arts South Asia.com is incorporated in and the website is controlled and operated in Pakistan. Any terms and conditions concerning the usage of this Website and the sale/purchase contract will be governed by the laws of Pakistan and any dispute concerning use of this website will be determined exclusively by the Courts of Karachi.