Terms & Conditions

These Terms & Conditions (“Terms”) govern your access to and use of the KalaCraftWorks website, mobile interfaces and related services (together, the “Platform”), operated by Softwiz Circle (“KalaCraftWorks”, “we”, “us”, “our”).

KalaCraftWorks offers paintings, artwork, handicrafts, sculptures, prints, customised artwork and other creative products, including products supplied by independent artists and sellers.

These Terms should be read together with:

• Privacy Policy;
• Return, Refund & Cancellation Policy;
• Shipping & Delivery Policy; and
• Artist & Seller Terms & Conditions.

Nothing in these Terms is intended to restrict or exclude any consumer right or remedy that cannot lawfully be excluded under applicable Indian law.

By accessing, browsing, registering on or placing an order through the Platform, you confirm that:

• you have read and understood these Terms;
• you agree to be bound by these Terms;
• you agree to the policies referred to in these Terms; and
• you have the legal capacity to enter into a binding contract.

If you do not agree to these Terms, please do not use the Platform.

If you register or transact on behalf of a business or other entity, you confirm that you have the authority to bind that entity to these Terms.

In these Terms, unless the context requires otherwise:

• "Artist" or "Seller" means an independent artist, creator, craftsperson, designer, gallery, studio or seller who lists products on the Platform;
• "Customer", "you" or "your" means any person who accesses, browses, registers on or purchases through the Platform;
• "Product" or "Artwork" means any item listed for sale on the Platform;
• "Listing" means a product page created in respect of a Product;
• "Order" means a request submitted by a Customer to purchase one or more Products;
• "Platform" means the KalaCraftWorks website at www.kalacraftworks.com and any related interfaces or services;
• "User Content" means reviews, ratings, images, comments, questions or other material submitted by a Customer.

KalaCraftWorks operates as an online marketplace that enables Artists and Sellers to list and sell their artwork to customers.

Unless expressly stated otherwise on the relevant Listing, KalaCraftWorks provides:

• the technology platform;
• listing infrastructure;
• payment facilitation;
• logistics coordination, where applicable;
• marketing and promotion;
• customer support services.

The Artist/Seller is responsible for:

• the accuracy of the listing;
• the authenticity of the artwork;
• the legality of the artwork;
• fulfilment of the order in accordance with the listing.

Where KalaCraftWorks itself sells a Product as the seller of record, that fact will be indicated on the relevant Listing or in the invoice.

In respect of Products listed by Artists and Sellers, KalaCraftWorks acts as an intermediary and does not manufacture, create, own or independently verify every Product listed on the Platform.

KalaCraftWorks relies on the information, representations and warranties provided by Artists and Sellers under the Artist & Seller Terms & Conditions.

This does not limit any obligation that applies to KalaCraftWorks as a marketplace e-commerce entity under the Consumer Protection (E-Commerce) Rules, 2020 or other applicable law.

To place an Order on the Platform, you must:

• be at least 18 years of age;
• have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872;
• provide accurate, current and complete information;
• use the Platform in compliance with applicable law.

A person below 18 years of age may use the Platform only under the supervision of a parent or legal guardian who accepts these Terms on that person's behalf.

Certain features of the Platform require you to create a customer account. When creating an account, you agree to:

• provide accurate and complete registration information;
• keep your registration information current;
• maintain the confidentiality of your login credentials;
• not share your account with any other person;
• not create an account using another person’s identity.

You may access and manage your account through the customer profile and account dashboard.

You are responsible for all activity that occurs under your account, whether or not authorised by you, except to the extent the activity results from our failure to take reasonable security measures.

You agree to notify us promptly at the contact details in these Terms if you become aware of:

• any unauthorised use of your account;
• any loss or compromise of your credentials;
• any other breach of security affecting your account.

You are responsible for the accuracy of the information you provide, including:

• delivery address and PIN code;
• recipient name and contact number;
• email address;
• billing details;
• customisation or commission specifications;
• any special delivery instructions.

Incorrect or incomplete information may result in delayed delivery, failed delivery or additional charges, as described in the Shipping & Delivery Policy.

Listings are prepared using information supplied by the Artist/Seller, including images, dimensions, medium, materials, edition details and pricing.

We make reasonable efforts to present Listings accurately. However:

• colours may appear differently on different screens and devices;
• photographs are representations and may not capture texture, finish or scale exactly;
• dimensions and weights may be approximate within normal tolerances;
• framing, mounting and presentation may vary where stated on the Listing.

Where a Product is materially different from its description, the remedies in the Return, Refund & Cancellation Policy and under applicable law will apply.

Many Products on the Platform are handmade, hand-finished, hand-painted or produced in small batches by independent artists.

As a result, minor variation is inherent to the Product and is not a defect. This may include:

• slight variation in colour, tone or shade;
• slight variation in texture, brush stroke or finish;
• slight variation in size, weight or proportion;
• natural characteristics of wood, stone, clay, metal, paper or fabric;
• variation between the photograph and the delivered Product within normal artisanal tolerance.

Original artwork may be one-of-a-kind. Where a one-of-a-kind Product is affected by a defect, replacement may not be possible and an alternative remedy may be offered in accordance with the Return, Refund & Cancellation Policy.

Artists and Sellers are required to warrant the authenticity, originality and provenance of the artwork they list.

Where a Listing states that a Product is:

• an original work;
• a signed work;
• a limited edition, with a stated edition size;
• accompanied by a certificate of authenticity;
• attributable to a named artist,

that representation is made by the Artist/Seller and is relied upon by KalaCraftWorks.

Authenticity disputes are handled in accordance with the Return, Refund & Cancellation Policy and the Authenticity Policy, where published.

All prices displayed on the Platform are in Indian Rupees (INR) unless expressly stated otherwise on the Listing or at checkout.

The price payable for a Product is the price displayed at the time your Order is accepted by us.

Prices may change at any time before an Order is placed. Price changes will not affect an accepted Order.

Unless expressly stated on the Listing or at checkout, the displayed price does not include:

• shipping and handling charges;
• special packaging or crating charges for large, fragile or high-value artwork;
• framing charges, where framing is optional;
• customs duties, import taxes or clearance charges on international orders;
• any other charge disclosed separately at checkout.

Despite reasonable care, a Listing may occasionally contain an error in price, description, availability, edition size or other material particulars.

Where an error is identified after an Order is placed, we may:

• contact you to confirm whether you wish to proceed at the corrected price;
• cancel the affected Order or the affected part of the Order; and
• refund any amount already paid in respect of the cancelled item.

A refund arising from a cancellation under this section will be processed in accordance with the Return, Refund & Cancellation Policy.

We will not be obliged to supply a Product at an incorrect price where the error is manifest and could reasonably have been recognised as an error.

Applicable taxes, including Goods and Services Tax (GST), will be charged and disclosed in accordance with applicable law.

Tax treatment may depend on:

• the nature and classification of the Product;
• the place of supply;
• the delivery destination;
• the applicable rate in force at the time of supply.

A tax invoice will be issued in accordance with applicable law. Further detail may be published in the Tax Policy, where available.

To place an Order, you will generally be required to:

1. select the Product and any applicable options;
2. add the Product to your cart;
3. provide delivery and billing details;
4. review the order summary, charges and taxes;
5. accept these Terms; and
6. complete payment through an approved payment method.

Please review your Order carefully before submitting it. You are responsible for checking the Products, quantities, options and delivery details.

Your submission of an Order is an offer to purchase. It does not by itself create a binding contract of sale.

A binding contract is formed only when we confirm acceptance of the Order, which may be subject to:

• payment confirmation;
• product availability;
• seller confirmation, where applicable;
• artwork availability;
• address verification;
• fraud/security checks; and
• other necessary fulfilment checks.

We may decline or cancel an Order, in whole or in part, where:

• the Product is unavailable or has already been sold;
• a pricing or listing error has occurred;
• payment cannot be verified or is reversed;
• the delivery address is outside our serviceable area;
• we reasonably suspect fraud, abuse or unlawful activity;
• supply would be contrary to applicable law.

Where an Order is declined or cancelled by us, any amount paid for that Order will be refunded.

On acceptance of an Order, we will send an order confirmation to the email address and/or mobile number associated with your account.

The order confirmation will contain the order reference, Product details, charges and applicable taxes. Please retain it for your records.

Payments on the Platform are accepted through approved payment methods, which may include:

• credit card;
• debit card;
• UPI;
• net banking;
• wallets;
• other methods offered at checkout from time to time.

Payments are processed through third-party payment gateways. Your use of a payment method is additionally subject to the terms of the relevant payment provider, bank or issuer.

Card and bank credentials are handled by the payment gateway and are not stored by KalaCraftWorks in a form that would allow us to initiate a payment independently.

Information collected in connection with payments is handled in accordance with our Privacy Policy.

An Order will not be processed where payment fails, is declined or is not authorised.

Where an amount is debited but the Order is not confirmed, the amount will generally be reversed by the payment provider. If it is not, please contact us with the transaction reference and we will follow it up with the payment provider.

Where a payment is later reversed, charged back or recalled after despatch, we may suspend fulfilment, withhold delivery or recover the amount due.

Cancellation rights, cancellation windows and the treatment of customised or commissioned artwork are set out in the Return, Refund & Cancellation Policy.

Cancellation requests may be submitted through:

Email: softwizadmin@softwizcircle.com
Phone: +91-7057881848
or through the customer account/order-management facility, if available.

Order processing times, estimated delivery times, shipping charges, packaging, delivery attempts, damaged or lost shipments and delivery to remote locations are governed by the Shipping & Delivery Policy.

Delivery estimates are estimates only and are not guaranteed delivery dates unless expressly stated otherwise.

Risk in the Product passes on delivery to the address specified in the Order or to a person at that address who accepts the delivery.

We recommend that you inspect the package at the time of delivery and, where practicable:

• check for visible damage to the outer packaging;
• record an unboxing video where the artwork is fragile or high value;
• note any damage on the courier delivery record;
• notify us as soon as reasonably possible.

Timelines and evidence requirements for damaged or missing shipments are set out in the Shipping & Delivery Policy and the Return, Refund & Cancellation Policy.

Return eligibility, return windows, non-returnable items, return conditions, refund methods, refund processing times, partial refunds and replacements are governed by the Return, Refund & Cancellation Policy.

The applicable return period for a Product will be displayed on the relevant product page where it differs from the standard period.

Nothing in these Terms limits any statutory consumer remedy available to you.

Customised, commissioned and made-to-order artwork is produced specifically for you. Accordingly:

• production may begin only after payment confirmation and/or approval of specifications;
• additional processing time may apply;
• cancellation may not be possible once production has commenced;
• change-of-mind returns are generally not available.

You are responsible for the accuracy and completeness of the specifications you approve.

The applicable cancellation and return position is set out in the Return, Refund & Cancellation Policy.

Where an Order is placed as a gift:

• the Order remains associated with the purchasing customer account;
• order communications will be sent to the purchaser;
• cancellation, return and refund requests must generally be made by the purchaser;
• any refund will generally be issued to the original payment method used by the purchaser.

Promotions, coupon codes, vouchers and discounts are subject to the specific terms published with the offer.

Unless expressly stated otherwise:

• offers cannot be combined;
• offers are valid only for the stated period;
• offers may be limited by product, category, quantity or customer;
• offers have no cash value and are not transferable;
• offers may be withdrawn or amended for future orders at any time.

Where an Order placed using a discount is cancelled or returned, the refund will reflect the amount actually paid, as set out in the Return, Refund & Cancellation Policy.

We may withdraw a benefit and recover an amount where a promotion is obtained through misuse, manipulation or misrepresentation.

You agree to:

• use the Platform only for lawful purposes;
• provide accurate information;
• purchase Products for personal or bona fide use;
• comply with these Terms and the policies referred to in them;
• not interfere with the operation, security or integrity of the Platform;
• not misuse customer support, returns or promotional facilities.

You must not:

• use the Platform for any unlawful, fraudulent or deceptive purpose;
• impersonate any person or misrepresent your affiliation with any person or entity;
• place speculative, false or fraudulent orders;
• use automated means to scrape, harvest, index or copy Platform content, listings, images or prices without written permission;
• attempt to gain unauthorised access to the Platform, accounts or systems;
• introduce malware, viruses or other harmful code;
• circumvent, disable or interfere with security or access controls;
• reproduce, resell or commercially exploit Platform content without written permission;
• contact Artists or Sellers to conclude a transaction outside the Platform in order to avoid applicable fees;
• post unlawful, defamatory, obscene, infringing or misleading content;
• submit false, incentivised or manipulated reviews;
• infringe the intellectual property rights of KalaCraftWorks, any Artist, Seller or third party.

We may suspend or terminate access, cancel Orders and take other appropriate action where these obligations are breached.

Where the Platform allows you to submit User Content, you agree that your User Content will:

• be based on genuine experience with the Product or service;
• not be false, misleading or deceptive;
• not be unlawful, defamatory, obscene, abusive or harassing;
• not infringe any third-party right, including intellectual property and privacy rights;
• not contain personal data of another person without consent;
• not contain promotional, spam or unsolicited commercial material.

We may moderate, decline to publish, edit for length or formatting, or remove User Content that does not comply with these Terms or applicable law.

User Content reflects the views of the person who submitted it and not those of KalaCraftWorks.

By submitting User Content, you grant KalaCraftWorks a non-exclusive, worldwide, royalty-free, transferable and sub-licensable licence to host, store, reproduce, adapt for formatting, publish, display and distribute that User Content in connection with the operation, promotion and improvement of the Platform.

You confirm that you own or otherwise have the necessary rights to grant this licence, and that the User Content does not infringe any third-party right.

This licence continues in respect of User Content that has already been published, subject to your rights under our Privacy Policy and applicable law.

The Platform and its content, including the KalaCraftWorks name and logo, page layouts, design elements, text, graphics, compilations, software and databases, are owned by or licensed to Softwiz Circle and are protected by applicable intellectual property laws.

You may access and use the Platform for the purpose of browsing and purchasing Products. No other right or licence is granted.

Copyright and other intellectual property rights in the artwork listed on the Platform remain with the relevant Artist, Seller or rights holder.

Purchase of a physical artwork transfers ownership of that physical item only. Unless expressly agreed in writing, it does not transfer:

• copyright in the artwork;
• reproduction or printing rights;
• rights to create derivative works;
• rights to commercial exploitation, licensing or merchandising;
• moral rights of the artist.

If you believe that content on the Platform infringes your intellectual property rights, please contact us at the details in these Terms with:

• identification of the work or right claimed to be infringed;
• the URL or listing reference of the allegedly infringing content;
• evidence of your ownership or authority to act;
• your contact details; and
• a statement that the complaint is made in good faith.

We will review the complaint and may remove or disable access to the content pending resolution, in accordance with applicable law.

The Platform may contain links to, or integrations with, third-party websites and services, including payment gateways, logistics providers and analytics providers.

Those third parties operate independently. We do not control and are not responsible for their content, policies or practices. Your use of a third-party service is governed by that party's terms.

By registering or placing an Order, you consent to receive communications from us electronically, including transactional messages relating to your account, Orders, delivery, payments, returns and support.

Marketing communications are subject to your preferences and to our Privacy Policy. You may opt out of marketing communications at any time without affecting transactional messages.

Notices to you will be treated as delivered when sent to the email address or mobile number associated with your account.

Personal data collected through the Platform is processed in accordance with our Privacy Policy, which forms part of these Terms.

The Privacy Policy explains the categories of data collected, the purposes of processing, disclosure to service providers, retention, security measures and the rights available to you.

We aim to keep the Platform available, but we do not warrant uninterrupted or error-free availability. Access may be suspended, restricted or interrupted for:

• maintenance and upgrades;
• technical faults;
• network, hosting or infrastructure failures;
• security incidents;
• events outside our reasonable control.

We may add, modify, suspend or discontinue features, categories, services or Listings on the Platform at any time.

Such changes will not affect an Order that has already been accepted.

Except as expressly stated in these Terms and to the extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis.

To the extent permitted by law, we do not warrant that:

• the Platform will be uninterrupted, timely or error-free;
• defects will be corrected immediately;
• the Platform or its servers are free of harmful components;
• all content, including Listing content supplied by Artists and Sellers, is complete or free of error.

Nothing in this section excludes or limits any warranty, condition, guarantee or remedy that cannot lawfully be excluded or limited, including under the Consumer Protection Act, 2019.

To the maximum extent permitted by applicable law, and subject to the paragraph below, KalaCraftWorks and Softwiz Circle will not be liable for:

• indirect, incidental, special or consequential loss;
• loss of profit, revenue, goodwill or anticipated savings;
• loss or corruption of data;
• loss arising from an act or omission of an Artist, Seller, courier or payment provider beyond our reasonable control;
• loss arising from your failure to provide accurate delivery or contact information.

Where liability cannot lawfully be excluded, our aggregate liability in respect of an Order will not exceed the amount actually paid by you for that Order.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded, including statutory consumer rights.

You agree to indemnify and hold harmless Softwiz Circle, KalaCraftWorks and their officers, employees and agents against claims, losses, liabilities and reasonable costs arising from:

• your breach of these Terms;
• your breach of applicable law;
• your infringement of any third-party right;
• User Content submitted by you;
• misuse of the Platform by you or through your account.

This indemnity does not apply to the extent the claim arises from our own breach or negligence.

We may suspend, restrict or terminate your access to the Platform, in whole or in part, where:

• you breach these Terms;
• we reasonably suspect fraud, abuse or unlawful activity;
• a payment is reversed, recalled or disputed without valid basis;
• return or promotional facilities are misused;
• required by applicable law or by a competent authority.

You may stop using the Platform at any time and may request closure of your account. Closure does not affect rights or obligations accrued before closure, including in respect of pending Orders.

We will not be liable for any delay or failure to perform caused by an event beyond our reasonable control, including natural disaster, flood, fire, earthquake, epidemic, pandemic, war, civil unrest, strike, riot, government action, restriction or lockdown, courier disruption, power failure, or failure of communication or internet infrastructure.

Nothing in these Terms restricts or excludes any right or remedy available to you under the Consumer Protection Act, 2019, the Consumer Protection (E-Commerce) Rules, 2020, or other applicable Indian law.

Where any provision of these Terms conflicts with a mandatory consumer right, that mandatory right will prevail.

For complaints that cannot be resolved through normal customer support, please contact:

Grievance Officer: Amit Kumar
Designation: Grievance Officer / Privacy & Consumer Grievance Officer
Company: Softwiz Circle
Email: softwizadmin@softwizcircle.com
Phone: +91-7057881848 / +91-9987367484
Address: Balewadi, pune, Maharashtra, India

The Consumer Protection (E-Commerce) Rules provide for a grievance mechanism and require consumer complaints to be acknowledged within 48 hours and redressed within one month.

If a dispute arises, the parties will first attempt to resolve it in good faith through the grievance redressal process described in these Terms.

This does not prevent you from approaching a consumer forum or other competent authority in exercise of your statutory rights.

These Terms are governed by the laws of India, subject to mandatory consumer-protection rights and other applicable statutory provisions.

Subject to those rights, the courts at Pune, Maharashtra, India will have jurisdiction in respect of any dispute arising out of or in connection with these Terms.

If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.

A failure or delay in exercising any right under these Terms will not operate as a waiver of that right, and a single or partial exercise will not prevent further exercise of that or any other right.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms in connection with a reorganisation, merger, acquisition or transfer of business, provided your rights are not materially prejudiced.

These Terms, together with:

• Privacy Policy;
• Return, Refund & Cancellation Policy;
• Shipping & Delivery Policy; and
• any terms published with a specific offer, promotion or Listing,

constitute the entire agreement between you and Softwiz Circle in relation to your use of the Platform and supersede any prior understanding on that subject matter.

Artists and Sellers are additionally bound by the Artist & Seller Terms & Conditions.

Softwiz Circle may update these Terms & Conditions from time to time.

The latest version will be published at: www.kalacraftworks.com/terms-and-conditions

The "Last Updated" date will indicate the latest revision.

Your continued use of the Platform after a revision takes effect constitutes acceptance of the revised Terms. The Terms in force at the time an Order is accepted will govern that Order.

For assistance with your account, an Order, delivery, returns or any other query:

Email: softwizadmin@softwizcircle.com
Phone: +91-7057881848 / +91-9987367484
Business Hours: 10 am to 6 pm

Legal Entity: Softwiz Circle
Brand: KalaCraftWorks
Website: www.kalacraftworks.com
Registered Office: Balewadi, pune, Maharashtra, India
Customer Support Email: softwizadmin@softwizcircle.com
Customer Support Phone: +91-7057881848 / +91-9987367484