Buyer Terms – Terms and Conditions for Sale
These terms and conditions are applicable to the sale of works, artifacts and services (hereinafter known as “offerings”) on www.canvaslane.com, and all other URLs forming part thereof (hereinafter referred to as “the Sites”). These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the buyers from the Sites. By using the sites, you agree to be bound by these terms and conditions. Please read them carefully. The Sites are owned and operated by Mrs. Ritu Gupta of M/s CanvasLane (hereinafter referred to as “us or we” in the first person and “CanvasLane” wherever the context requires). These conditions include all clauses of the General Terms and conditions for use of the Sites
These do not apply to auction works. For terms and conditions related to specific auctions, please check the conditions for sale for that auction.
“Buyer” shall mean a person who is registered as a user to access the Website and buys an offering from the Website.
“Description” means all the details of an offering as set out in the Website and may include, without limitation, the name of the artist, designer or manufacturer, the title of the offering, its characteristics and any other additional details, including but not limited to the signature of the artist/ date, the surface, medium and dimensions, and year of the offering.
“Offering” means the artwork, digital work, photographs, artifacts, sculptors and other such articles offered by CanvasLane for sale either individually or collectively (as a single unit) through the Website.
Terms and conditions:
- The Offering made available for sale on the Website may not always be in the physical possession of CanvasLane and may be physically located anywhere in the world.
- All Offerings made available for sale on the Website will be sold at the price listed. The price of the Offering listed may or may not include packaging, duties, taxes, insurance shipping and handling, which will be charged as applicable and would depend on the physical location of the Offering as well as the shipping address provided by the Buyer. This will be indicated in the product details. Shipping can be charged on courier rates and are determined by the size, weight and destination of the package.
- All duties and taxes applicable on the purchase of the art work shall be borne by the buyer. Any sale that takes place within India is subject to VAT as applicable on the invoice value.
- The Buyer agrees that the Buyer is liable for any duties and taxes, Octroi duty, entry tax or any other statutory government levies (over and above those indicated) that might be applicable on the purchase as per the clause above and such charges shall be payable in addition to the price of the Offering. These will include any location specific charges / taxes / duties, as may be applicable to the buyer’s area. Please note that any special documents required for shipping of goods into a particular state will be the sole responsibility of the buyer. We shall follow the rules prescribed by the state of Karnataka, India.
- The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Offering.
- All invoices will be raised by CanvasLane based on the registration information provided by the Buyer or amended at the time of finalizing a purchase and payments will be accepted only from the Buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
- Placing an order on CanvasLane.com constitutes an irrevocable acceptance of the purchase. Unless rescinded/cancelled by CanvasLane within 7 working days on account of a default by the seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contact of sale. The contract of sale is between CanvasLane (acting as the agent of the seller) and the Buyer.
- CanvasLane shall have the right to cancel any order placed on the website www.CanvasLane.com, at any time prior to the delivery of the Offering, without assigning any reason whatsoever.
- CanvasLane shall assume no responsibility for any errors or ommissions that may occur in the Description, pricing or other content related to the Offering. In the event of such an error, CanvasLane reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
- Once an order is placed on CanvasLane the Buyer is required to make payment for the price of the Offering as well as the charges referred to above within 5 working days from the date of placing the order. In the event that CanvasLane does not receive payment within 5 working days CanvasLane reserves the right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, CanvasLane may, at its absolute discretion, hold the Offering for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
- All purchases are treated as final. In the unlikely event that a painting has been damaged during shipping, the cancellation and return policy given below will apply.
- The Offering will be delivered/shipped to the Buyer once all necessary documentation and payments, relating to transportation, tax, etc. as may be reasonably requested for by CanvasLane are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges, unless specifically advised otherwise by the Buyer. In the event that the Buyer chooses to himself collect the Offering from CanvasLane he must do so within 14 days of CanvasLane receiving the payment. In the event that the Offering is not so 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 CanvasLane.
- The buyer agrees to abide by all provisions prescribed in these terms and conditions. In particular, he warrants that all information that he submits will be true and accurate (including without limitation the credit card number and expiration date), and he agrees to pay all costs, charges plus all applicable taxes for the purchases made by him.
- CanvasLane is authorized by the sellers to exercise complete discretion in (i) the illustration and descriptions of Offering for viewing and sale and (ii) acceptance or rejection of orders received.
- CanvasLane is not obligated to provide any physical preview of the Offering either before or after the sale. CanvasLane is in no way liable for the condition of the Offering. Condition reports are provided on request and are based on the information provided by the seller. In the event that CanvasLane is of the view that there is a significant difference in the physical aspect relative to its appearance as displayed on the website, an email will be sent to the Buyer regarding the difference and CanvasLane will await the Buyer’s decision to proceed with the order.
- All foreign currency exchange rates for the purchase are made on rates as applicable on the date of purchase. This can be verified using the exchange currency selection dropdown. The prices for individual Offering have been ’rounded off’ for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price. If any major changes happen, the rates can be discussed and agreed upon.
- The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to CanvasLane immediately. CanvasLane is entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where CanvasLane forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of CanvasLane.
- Reservation of Ownership – We continue to own an article until it has been paid for in full.
- Buyers may choose to collect their purchases from the CanvasLane office in Bangalore. In such cases, buyers are requested to make an appointment to collect purchases within 10 business days / 14 days of completion of all payments and documentation formalities.
- Buyers are required to provide all invoicing details to CanvasLane prior to the sale as no invoices will be changed after the sale. After the sale, the Buyer as invoiced is required to pay the amounts in full (including the additional charges incurred towards statutory levies, framing, insurance, shipping and handling charges). No shipment or delivery will be made if this amount is not received in full or until all proper documentation is completed. No payments will be accepted from any other parties other than the buyer mentioned on the invoice.
- Buyers may request reframing, restoration or cleaning of works, or may leave specific packing or shipping instructions. Any additional expense in such cases shall be borne by the buyer.
- Buyers will be required to complete payment within a period of 5 business days from the receipt of the invoice via email. A Demand Draft or Cheque to be made in favour of M/s CanvasLane. A wire transfer can be made to us for which information has been provided in the payment options on the website. Dispatches of the consignment will be made only after clear payment is realized.
Cancellations & Returns
We are committed to quality products and your satisfaction is 100% guaranteed. We have defined a Cancellation & Return Policy which will make your art-buying experience a hassle-free one.
We grant you a limited cancellation period, until:
- based on the nature of the products and services, where processing has not commenced, especially for digital / photograph / personal offerings / artefacts. This includes the process of shipping of the offering from the artist / supplier to CanvasLane. You may note that once your order is under processing (printed and/or framed), we cannot cancel it.
- If you would like to modify your order, it will only be possible if any or all parts of your order have not already been processed.
- If you would like to modify part of a multi-product or multi-service order, or any combination thereof, it will only be possible if the order is not under any promotional scheme.
- Any Download orders cannot be cancelled or refunded.
- In some special cases, we may agree to cancellation on deduction of cancellation charges as specified in the product terms / details.
- If you have received a damaged item / consignment or if the item you received was not the item you ordered or if it was misrepresented on our Website, you may return it within 7 days of receipt and receive a free replacement (excludes original and single piece works) or a 90% refund for the price of the product. 10% will be retained by us towards handling and other costs. This does not apply to digital downloads. For reproduction work, the refund will be limited to 80% only.
- If you are returning a product to us, the shipping & insurance charges you incur will not be refunded.
- Customers are responsible to cover the expense of return shipping and shall use the original packaging material and container(s). In the case of returns, The customers will need to insure the consignment against damage or loss before shipping. The responsibility for damaged or lost merchandise will rest with them.
- In the unlikely event of your receiving the consignment / package in a damaged product, please do the following.
- Before you return the item(s) to us, please take a digital photo of the item and one of the shipping containers it arrived in, attach them to an email and send it to us within 24 hours of the receipt of the product. Please include in the body of the email: your order number, the product code, a brief description of the reason for the return, and let us know whether you are seeking a replacement or a refund. Also send us images of the work with close ups of the damaged portion(s)
- Make note of the damage on the courier’s copy of the airway bill, and a copy of the airway bill, which you retain.
- Also, appropriate remarks should be made on the delivery sheet (applicable) of the courier personnel making the delivery.
- Please notify us directly in writing within 24 hours of receipt of the consignment / package if there is damage to the artwork, frame etc. along with the details of the damage.
- Your request will be processed within 3 working days in case if the product is not damaged. In case if the damage needs to be covered by the insurance, and refunds will be made after insurance admission. from the date of receipt of the returned product.
- It is mandatory for you to return your item via a trackable method.
- After shipping the item(s) to us, please send us an email with the tracking ID of your shipment.
- After we have received the returned item(s) we will send you an email letting you know your replacement is under production or your refund is being processed.
- Return of Original Artwork – For assistance with returning an original piece of artwork that was shipped to you directly from the artist, please contact us.
CanvasLane provides an assurance that each original piece of art that we offer for sale through the Sites is a genuine work of the artist listed. CanvasLane also confirms that all works of art are sourced directly from the artists themselves. A Certificate of Authenticity, signed by the artist himself/herself and containing the following information can be provided with each work purchased through this website, confirming Picture of the work, Title, Medium, Size and Year, if desired.
However, in the unlikely event that any property that you purchase from CanvasLane is subsequently proven to be inauthentic, we will refund the purchase price as per above terms. These claims will be handled on a case-by-case basis, and will require that examinable proof which clearly demonstrates that the property is inauthentic provided by an established and acknowledged authority. This guarantee holds for six months after the date of the purchase invoice of the original property from CanvasLane, and provided that:
- Only the actual buyer (as registered with CanvasLane) makes the claim (the benefit of the claim is not assignable to any subsequent owners or others who may acquire or have an interest in any of the properties)
- The property is returned in the same condition that it was in, at the time of purchase
- The property was indisputably purchased through CanvasLane; and
- At the time of publishing of Offering, there was technique available, and it was not unreasonable or impractical to use such technique, which could have helped CanvasLane determine that the property was authentic.
- CanvasLane retains the right, as a matter of policy, to bring in, at the buyer’s expense, two recognized experts in the field, (such experts being mutually acceptable to CanvasLane and the buyer), to examine the property under question before deciding to rescind the sale and offer the refund under the above guarantee. The opinion of the experts is not binding on CanvasLane.
Extent of our Liability: CanvasLane has an obligation to refund the buyer only in the circumstances covered under the Authenticity Guarantee Clause (above). All damages and losses incurred during shipping and transit can be covered under an insurance. Neither CanvasLane suppliers nor CanvasLane, nor any CanvasLane employees or agents, are responsible, either for the correctness of any statements as to the authorship, origin, date, age, attributes or genuineness of any property in the catalogue, or for any mistakes in the description of the properties, or for any faults or defects in the properties, or for any other act or omission, whatsoever. CanvasLane offers no guarantee or warranty other than the limited assurance contained in the Authenticity Guarantee.
It is stated and agreed that the rescission of the sale and the refund of the total purchase price paid by the buyer is the sole remedy that can be sought, and such remedy is exclusive and in lieu of any other remedy which may otherwise be available under law. We shall not be liable for any incidental or consequential damages incurred or claimed
Canvas Paintings are shipped Rolled
All paintings larger than 08″ x 10″ (inches) are shipped to our customers carefully rolled and placed into durable cylindrical containers. Rolling and storing paintings in a cylindrical container is the best way to protect the valuable artwork from damage during shipping and provides an economical solution to an otherwise expensive ordeal (rolled paintings, as opposed to stretched paintings, are substantially smaller and lighter when packed for shipping). We do not ship paintings stretched on wooden bars.
CanvasLane will not be liable for any delay, loss or non-delivery of merchandise delivered (or un-delivered) due to Couriers, fire, flood, wars, acts of God or any other cause that is beyond the control of Streisand International.
Orders placed are typically shipped out within 10 business days of the payment being cleared, however, there may be a delay in the shipping if the buyer requests a work to be reframed or unstretched (the costs of which will be borne by the buyer). If there is an expected delay in dispatch, the buyer will be informed of the delay via email, unless the buyer has indicated an alternative preferred mode of communication. The paintings are packed according to carrier standards and will need to be fully insured.
The customer must supply correct shipping information to CanvasLane. If the user provides an incorrect or invalid shipping address, we will not be responsible for non-delivery, delay or extra costs incurred for re-delivery.
Right of cancellation
CanvasLane reserves the right to, at any time during the order process, cancel or refuse any order placed on it. In the event that the payment has already been processed, CanvasLane will refund the exact amount as per the clause above (subject to any exchange rate variations).