Terms and Conditions

1. Agreement to Terms

By accessing and using artbyjoy.shop ("Website"), you accept and agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use this Website.

Art by Joy ("we," "us," or "our") reserves the right to modify these terms at any time. Your continued use of the Website following any changes constitutes acceptance of those changes.

2. Artwork & Product Information

All artwork displayed on this Website is original, handcrafted watercolor art created by the artist. We make every effort to display colors and details accurately, but we cannot guarantee that your device's display will accurately reflect the actual colors and appearance of the artwork.

Original Artworks: Each piece is one-of-a-kind. Once sold, it cannot be reproduced in the exact same manner.

We reserve the right to limit quantities, discontinue any product, or refuse service to anyone at our sole discretion.

3. Pricing & Payment

All prices are listed in Indian Rupees (INR) and other supported currencies as displayed. Prices are subject to change without notice.

Payment is required at the time of purchase. We accept major credit cards, debit cards, and other payment methods as indicated at checkout through our secure payment processor.

You represent and warrant that you have the legal right to use any payment method provided and that all payment information is accurate and complete.

4. Orders & Confirmation

Your receipt of an order confirmation email does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.

If your order is canceled after payment has been processed, we will issue a full refund to your original payment method.

5. Shipping & Delivery

We ship to addresses within India and select international locations. Shipping costs and estimated delivery times are provided at checkout.

All original artworks are carefully packaged to ensure safe delivery. However, we are not responsible for damages that occur during shipping. We strongly recommend purchasing shipping insurance.

Title and risk of loss pass to you upon delivery to the shipping carrier. Delivery times are estimates only and are not guaranteed.

You are responsible for providing accurate shipping information. We are not liable for delays or non-delivery resulting from incorrect addresses.

6. Returns & Refunds

Original Artworks: Due to the unique, one-of-a-kind nature of original artwork, all sales are final. We do not accept returns or offer refunds on original pieces unless the artwork arrives damaged.

Damaged Items: If your artwork arrives damaged, you must notify us within 48 hours of delivery with photographic evidence. We will assess the damage and, at our discretion, offer a replacement, repair, or refund.

Commissions: Custom commissioned work is non-refundable once the artist begins work. A deposit (typically 50%) is required upfront and is non-refundable.

7. Intellectual Property Rights

All content on this Website, including artwork images, photographs, text, graphics, logos, and design, is the property of Art by Joy and is protected by Indian and international copyright laws.

When you purchase an original artwork, you acquire ownership of the physical piece only. The artist retains all intellectual property rights, including copyright, and the right to reproduce the image for promotional purposes, prints, and portfolios.

You may not reproduce, distribute, display publicly, or create derivative works from any artwork or content without express written permission from Art by Joy.

8. Commissions

Commission requests are subject to the artist's availability and approval. We reserve the right to decline any commission request.

A 50% non-refundable deposit is required before work begins. The remaining balance is due upon completion and before shipping.

Commission timelines are estimates only. Delays may occur due to unforeseen circumstances, and we will communicate any significant delays.

Minor revisions are included in the commission price. Major changes or additional revisions may incur additional fees.

9. User Conduct

You agree not to use this Website for any unlawful purpose or in any way that could damage, disable, or impair the Website or interfere with any other party's use of the Website.

Prohibited activities include but are not limited to: attempting to gain unauthorized access, transmitting viruses or malicious code, scraping content, or engaging in fraudulent transactions.

10. Privacy & Data Protection

Your use of this Website is also governed by our Privacy Policy. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

We implement reasonable security measures to protect your personal information, but we cannot guarantee absolute security of data transmitted over the internet.

11. Limitation of Liability

To the fullest extent permitted by law, Art by Joy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

Our total liability to you for any claim arising from your use of the Website or purchase of artwork shall not exceed the amount you paid for the specific product giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Art by Joy, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the Website, violation of these Terms, or infringement of any third-party rights.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in kolkata, West bengal, India.

You agree to first attempt to resolve any dispute informally by contacting us before initiating any legal proceedings.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

• Email: joymkh21@gmail.com
• Website: https://artbyjoy.shop