This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name pursuitin.com (hereinafter referred to as “Website”) is owned by Pursuitin.com , a partnership firm incorporated under the Companies Act, 1956 with its registered office at Jambuni South , Post Office – Bolpur , District – Birbhum , State – West Bengal , pin – 731204 , India.
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the pursuitin.com website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Pursuitin.com reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Our notice or if it is discovered that you are under the age of 18 years.
Membership / Account creation on the website is free . Any user registering with the site becomes lifetime members and they need not have to pay any membership fees. Users having membership with Pursuitin will receive timely promotions/ offers and discounts that will be send to their registered email which they can use while they make their purchase to get discounts and other offers.
Creating an account with us / members will be able to track their orders directly from their account.
At any time , if a users ( member ) wants to discontinue with us or want to have their account / membership terminated , they can send an email to firstname.lastname@example.org or email@example.com with the subject line ” Account Cancellation “. We will process their request within 24 hours from the receipt of the email.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Membership on the Website is free for buyers. Pursuitin.com does not charge any fee for browsing or registering on the website Website. Pursuitin.com reserves the right to change its Fee Policy from time to time. In particular, Pursuitin.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event We reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Pursuitin.com
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
1. You shall not display, upload, transmit, update or share any information which:
(a) belongs to another person and to which You does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity);
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
10. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
12. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
13. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
15. Pursuitin.com shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is sole property of Pursuitin.com.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
We may share personal information with our other corporate entities and affiliates or shipment partners. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
All the capitalized terms contained in the Agreement that have not been defined elsewhere, shall mean as follows:
(a) “Art Work” shall mean any artistic work including hand crafted collectibles, hand crafted jewellery, charcoal work, oil paintings, photography, printmaking, sculptures and water colour art that is displayed, marketed and/or sold through the Website, Pursuitin.com.
(b) “Authenticity Certificate” means a valid authenticity certificate issued by Artist , physically signed by Artist ,containing a detailed description and a picture of the concerned Art Work .
(c) “Buyers” shall mean Users who or which use Services to purchaseArt Work throughthe Website.
(d) “Listed Price” with respect to an Art Work means the sale price displayed against such Art Work on the Website.
(e) “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.
(i) “Terms” shall means these terms and conditions of use and service which form a part of the Agreement governing Users’ relationship with Pursuitin.com.
(j) “Users” shall mean any Person who or which uses the Services, including Buyers, Sellers and Persons who or which access the Website or any content displayed thereof.
(k) “Website” shall mean the online platform www.pursuitin.com provide Services, including facilitating display, marketing and sale of Art Work and promotion of art, from time to time.
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Pursuitin.com does not warrant that:
• This Website will be constantly available, or available at all.
Pursuitin.com will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Pursuitin.com does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by west bengal state laws .
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees for all customers from Republic of India acceptable in the Republic of India and for international customers its compulsory to pay in USD [ American Dollar ]. Website will not facilitate transaction with respect to any other form of currency other than INR and USD with respect to the purchases made on Website.
Before shipping / delivering your order to you, Pursuitin may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
3. You understand, accept and agree that the payment facility provided by Pursuitin.com is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Pursuitin.com Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Pursuitin.com is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from Us using the Payment Facility.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate Pursuitin.com Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
• Refund shall be made in Indian Rupees for Indian customers and USD in case of international customers ( Customers outside India ).
• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). For International Customers refund will be initiated through Paypal.
• Refund shall be conditional and shall be with recourse available to Pursuitin.com in case of any misuse by Buyer.
• Refund shall be subject to Buyer complying with Policies.
4. Pursuitin.com reserves the right to impose limits on the number of Transactions or Transaction Price which Pursuitin.com may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
5. Pursuitin.com reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Pursuitin.com or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
6. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank and Paypal which support Payment Facility to provide these services to the Users. All such Online Bank Transfers and paypal transactions on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank and Paypal policy.
7 Day Replacement Guarantee*
The 7 Day Replacement Guarantee seeks to assist Buyers who have received damaged item from Us. Within 7 days from the date of receiving of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from Us subject to the following terms and conditions:
1. Replacement policy is governed by Return Policy. Please read our return policy for more details.
2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Us.
Following products shall not be eligible for return or replacement:
If Pursuitin.com has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Pursuitin.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.
Pursuitin.com reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Pursuitin.com may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
This site is controlled and operated by Pursuitin.com and products are sold by Us. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent from Us. Use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Seller ( Pursuitin.com ) on the Pursuitin.com website. Following situations may arise:
Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent
Return could also result in refund of money in most of the cases.
We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.
Buyer need to raise the refund request within 7 days from the date of payment realization. Once Buyer has raised a return request by contacting Us , We will initiate the return process. The return process is governed by the clauses specified in the Return Policy on the website.
Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.
For International customers ( Customers placing orders outside the Republic Of India ), replacement are not entertained.
Private communication, including email correspondence, between Pursuitin.com and You should be professional, courteous and respectful when communicating by email.
However, Pursuitin.com can take action on certain types of unwanted emails that violate Pursuitin.com policies.
Threats of Bodily Harm – Pursuitin.com does not permit Users to send explicit threats of bodily harm.
Misuse of Pursuitin.com System – Pursuitin.com allows Users to facilitate transactions through their payment gateway, but will investigate any misuse of this service.
Spoof (Fake) email – Pursuitin.com will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through Customer Service Page.