Dear Valued Customer,

Thank you for placing an order for artwork with Pragya Art Gallery Inc.!

This agreement, the Confirmation of Sale, as well as the Terms of Use and Privacy Policy (collectively, these terms of sale, the Confirmation of Sale, the Terms of Use and Privacy Policy being the “Agreement”), published on www.pragyaart.com, and any other site, mobile application or online service where such terms and policies are posted or incorporated by reference (the “Sites”), contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. The terms and conditions herein are binding on you and Pragya Art Gallery Inc. (“we”, “us”, or “our”, as the context may require). Please read the Agreement carefully, as it contains important information regarding the terms and conditions of your purchase hereunder, and by using the Service and/or making a purchase thereunder, you, along with any person acting on your behalf, such as an agent or representative (“you”, “your”, or “yours”, as the context may require), are bound by the terms of the Agreement.

 

1. ORDER ACCEPTANCE AND CANCELLATION

 

Shortly after you place your order with us (the “Order”), you will receive an acknowledgment email confirming receipt of the Order (the “Order Confirmation”), and noting the artworks which you have requested to purchase from us (the “Product”) pursuant to the Order. Your Order is an offer to purchase the Product only, and the Order Confirmation does not constitute acceptance of your Order, and are not, upon issuance of the Order Confirmation, obligated to provide you with the Product.

 

Upon receipt of your Order, delivery of the Order Confirmation, and acceptance of the Order by us, we will send to you a confirmation of sale (“Confirmation of Sale”) which will constitute an acceptance of your Order and bind both you and us to the terms and conditions of the Agreement. 

 

We may choose not to accept orders in our sole discretion, for any reason, even after we send you a Confirmation of Sale with your order number and details of the items you have ordered. All orders are subject to availability and confirmation of price.

 

 

2. APPLICABILITY 

The Agreement applies to a purchase and sale of products and services through the Sites. The Agreement is subject to change in our sole discretion without prior written notice at any time. Any changes to the Agreement will be in effect as of date the Agreement was last updated and published, as referenced on the Site (the “Last Updated MONTH DAY, YEAR”). You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the Last Updated Date will constitute your acceptance of and agreement to such changes.

 

3. CUSTOMER ACKNOWLEDGEMENT

You acknowledge that the Product is collectible and desirable because of its age, beauty, rarity, condition, utility, personal emotional connection, and/or other unique features. You acknowledge that the Product is unique, and the art work we sell, including the Product, is in used condition, with some artwork showing some degree of older craftsmanship, considerable age, distinctive grain and colour, small signs of wear and tear, such as chips, cracks, and stains, as well as tiny imperfections. You also acknowledge that there is no guarantee that a re-sale market exists for the Product, or that you will be able to sell the Product at, near, or above the purchase price paid for the Product.

 

We make reasonable effort to display the condition of the Product on the Sites with photographs, descriptions, through the availability of our customer service representatives to answer any questions you may have about the Product, and permitted you to view the Product at our place of business. We have evaluated the Product and to the best of our knowledge, we have made full and complete disclosure and description on the Sites with respect to the origin of, and any flaw or defect in, the Product without any concealment or fabrication. Our description of the condition of the Product on the Sites is not a complete description, or representation, as to all faults, inherent defects, restoration, alteration, adaptation, or aspects of the condition of the Product. Photos and videos may not show the Product clearly or completely. Colors and shades may look different on screen or in print to how they look on physical inspection of the Product. We do not carry out an in-depth research into the Product of the sort carried out by professional historians and scholars. All dimensions and weight are approximate only.

 

By placing the Order, you acknowledge and agree that you have not been induced by any statements or representations of any person, including us or any of our representatives, or source, including the Sites and any product description thereon, with respect to the quality or condition of the Product and that no such statements or representations have been made, and that you have relied on your own judgement in determining the Product is fit for its intended purpose.

 

4. AGE, CAPACITY, AUTHORITY, AND RESTRICTION OF ACCESS

By placing the Order, you represent and warrant that you are of legal age to enter into this Agreement, and you accept and are bound by terms and conditions herein. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to the Agreement.

You may not order or obtain products or services from the Sites if you: (i) do not agree to the terms and conditions set out in the Agreement; (ii) are not the older of (a) at least 18 years of age, or (b) legal age to form a binding contract with us according to the jurisdiction in which you reside and are making the Order; or (iii) are prohibited from accessing or using the Sites or the contents, products, or services on the Sites by applicable law.

 

5. PRICES AND PAYMENT TERMS

 

a. Prices: All prices, discounts, and promotions posted on the Sites are subject to change without notice in our sole discretion. The price charged for the Product will be the price advertised on the Sites at the time the Order is placed, subject to the terms of any promotions or discounts that may be applicable, or correction in accordance with section 5(b) below.

 

 

b. Pricing Errors: We strive to display accurate price information for our Products, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time, including after delivery of a Confirmation of Sale, and to cancel any Orders subject to such errors, inaccuracies, or omissions. 

 

 

If any such error correction is required, in our sole discretion, we will contact you and you will have 5 business days to confirm the Order, subject to the corrected price of the Product, in writing. A Confirmation of Sale will be sent to you following your written confirmation of the Order at the corrected price. If we are unable to contact you, or do not receive a written confirmation of the change in price from you, we will cancel the order and refund any partial or full payment you made in relation to such cancelled order.

 

 

c. Payment Conditions: Payment is made at the time of Order placement online. We currently accept wire transfer ONLY. Payment of all monies payable to us shall be made in US Dollars. We will perform a standard authorization check on payment prior to acceptance of your Order. You represent and warrant to us that:

 

 

i. the contact and personal information you supply to us is true, correct and complete;

ii. the wire transfer and other payment information you supply to us is true, correct and complete;

iii. you are duly authorized to use such credit card for the Order;

iv. charges incurred by you will be honoured by your credit card company; and

v. you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount estimated on the Sites at the time of your order.

 

d. Taxes, Duties, Levies, and other Charges.Posted prices do not include taxes, duties, levies, or charges for shipping and handling of the Product which must be paid in accordance with relevant legislation or as otherwise specified by us. We may add and itemize taxes and charges to the total amount set out on our Sites at the time of order or in your Confirmation of Sale.

 

e. Currency. All prices stated are in US Dollars unless otherwise stated.

 

6. SHIPMENTS, DELIVERY, TITLE, AND RISK OF LOSS

 

a. Method of Delivery. You may determine in your sole discretion at the point of purchase whether to pick-up the purchased Products or have the purchased Products delivered to the delivery address you provide in your Order. It may take between 3-5 business days to prepare ordered Products for pickup. We will notify you in writing when your order has been shipped or is ready for pick-up.

 

 

b. Order Processing. Orders take between 7 to 14 business days to prepare for shipment. Orders are not shipped or delivered on weekends or holidays. If there is a high volume of orders, shipments may be delayed. Delivery delays may occur occasionally for other reasons. Order processing, including delivery, will only occur once payment has been processed and confirmed.

 

 

c. Delivery Time Estimate. We will ship the ordered Products to the delivery address you provide. Any delivery times posted on the Sites or included in the Confirmation of Sale are estimates only. Delivery timing may vary according to availability. We will not be liable for delays in delivery resulting from postal, carrier, or courier delays, or any other force majeure event outside our reasonable control. 

 

 

d. Delivery Cost. Delivery costs will not be included in the Product prices displayed on the Sites. Delivery costs are estimates only and will be clearly displayed where applicable and included in the total cost set out in the Confirmation of Sale.

 

 

e. Risk of Loss. Title and risk of loss for the Product will pass to you:

 

 

i. if you elect to pick up the ordered Product, upon pickup; or

ii. if you elect to have the ordered Product delivered, upon delivery to or pickup by the postal company, courier, or carrier.

 

You may elect to obtain insurance for the Products for loss or damage which may occur following transfer of risk of loss.

 

f. Customs, Duties, and Taxes. You are solely responsible for all custom fees, tariffs, duties, or taxes imposed during or after shipping. Applicable sales taxes will be applied to the total price displayed in your Confirmation of Sale to any order shipped within British Columbia.

 

7. RETURNS AND REFUNDS

 

a. Limitation. The Product is sold on a final basis, and we will accept and process returns and refunds only in accordance with this section 7. You are responsible to investigate the condition of the Product by inspecting photographs available on the Sites, provided by us or our customer service representatives, or by attending to our storage facility in person. 

 

 

b. Inspection and Notice. If the Products you receive from us are not in accordance with the Products on your order, you may notify us in writing of such a discrepancy (“Return Request”) within 7 days from the day on which (a) the Products were delivered to the delivery address by the postal service, courier, or carrier, (b) the Products became available for pickup from the postal service, courier, or carrier, and you have been notified of their availability for pickup, and (c) you picked up the Product from us. If we do not receive a Return Request in the specified time frame, you will be deemed to have accepted the Product and will not be entitled to a refund.

 

 

c. Return. All Return Requests are subject to our review and approval, acting reasonably.

 

 

d. Shipment of Returned Product. If we accept return of the Product in accordance with section 7(c) of this Agreement, risk of loss for the Product will remain with you until such time as the Product is received by us, and we are under no obligation to accept Product not in the same condition as at the time of delivery by us to you. Any return shipment must be received by us no later than 30 days following the date of Confirmation of Sale.

 

 

e. Refund. We will notify you within a reasonable amount of time following receipt of the returned Product of our acceptance or denial of your Return Request. If your return is approved, we will initiate a refund to your original method of payment, if possible, or another method of payment acceptable to you and us, acting reasonably.

 

8. DISCLAIMER OF WARRANTY

 

a. No Manufacturer’s Warranty. We do not manufacture or control the manufacture of any of the Product. The availability of the Product through our Sites does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Product offered on our Sites. The Products are not subject to any manufacturer’s warranty. 

 

 

b. Products Purchased on ‘As Is’ Basis. ALL PRODUCT AND SERVICES OFFERED ON THE SITES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: (i) OF MERCHANTABILITY; (ii) OF FITNESS FOR A PARTICULAR PURPOSE; (iii) AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE; OR (iv) THAT A MARKET EXISTS FOR RE-SALE OF THE PRODUCT OR THAT THE RE-SALE VALUE OF THE PRODUCT WILL BE EQUAL TO, NEAR, OR ABOVE THE PURCHASE PRICE OF THE PRODUCT.

 

9. LIMITATION OF LIABILITY

 

a. Limitation. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (i) WHETHER SUCH DAMAGES WERE FORESEEABLE, (ii) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (iii) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

 

b. Maximum Liability. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

 

10. TERMINATION

In addition to any remedies that may be provided under the Agreement, we may terminate this Agreement with immediate effect upon written notice to you, if you: (i) fail to pay any amount when due under this Agreement; or (ii) have not otherwise performed or complied with the Agreement, in whole or in part.

 

11. GENERAL

 

a. Goods Not for Resale. You represent and warrant that you are buying products or services from the Site for your own use only and not for resale. 

 

 

b. Privacy.We respect your privacy. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

 

c. Waiver. The failure or delay by us to exercise or enforce any right or provision of these terms in this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of North Mountain Cultural Development Inc.

 

 

d. Severability. If any provision of this Agreement is invalid, illegal, void or unenforceable, then that provision will be deemed severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement.

 

e. Notices.

 

i. We may provide you with any notice under this Agreement by: (i) sending a message to the email address you provide to us and consent to us using; (ii) sending a message to you through your Account, as defined in the Terms of Use; or (iii)/or (ii) by posting to the Sites.

 

Notices when sent by email will be effective when we send the email, notices sent to your Account will be effective when sent, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

ii. You may provide us notice under this Agreement by:

 

 

A. by email to pragya.art@outlook.com; or 

B. by personal delivery, overnight courier or registered or certified mail to 105-8580 Cambie Road, Richmond, BC V6X 4J8. 

 

We may update the facsimile number, e-mail address, and address for notices to us by posting a notice on the Sites. Notices provided by personal delivery will be effective immediately upon delivery. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

f. Entire Agreement. The Agreement comprises the entire agreement between the parties, and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral between you and us.