Welcome to chitragraphy.com!
Our services and products are provided subject to the following terms and conditions. By using the website, you agree to be bound by these terms and conditions. Please read them carefully, as they contain important provisions relating to your use of the site, including an agreement to engage in binding arbitration to resolve any disputes between us. The website is owned and operated by chitragraphy.com, Inc. (“chitragraphy.com”).
I. Privacy
You should review our Privacy Policy to understand our privacy practices.
II. Terms of Use
License and Website Access
We grant you a limited, revocable license to access and make personal use of the website as our customer. However, you are not permitted to:
reproduce, duplicate, copy, sell, or otherwise exploit the website or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo, or other content (“Website Content”) for any commercial purpose, except as expressly provided;
use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters, or similar technology);
use any meta tags, search terms, key terms, or the like that contain the website’s name or trademarks used on the website;
engage in any activity that interferes with the website or another user’s ability to use the website;
modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the website and the services offered on the website; or
assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Any use of the website or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.
Electronic Communications
You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.
If you opt-in to receive SMS (text messages) from chitragraphy.com (as/when available), or use a mobile application, the following additional terms and conditions (“Mobile Terms”) also apply to you. Your access to the Sites via your mobile device or use of a mobile application confirms your agreement to these Mobile Terms, as well as the rest of the Terms and Conditions.
By opting in, you agree to receive promotional SMS text messages on your mobile device. Your consent is not required as a condition of purchasing any goods or services from chitragraphy.com. By agreeing to receive SMS messages from chitragraphy.com, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder’s permission to enroll the designated mobile phone number and can incur any mobile message or data charges. You agree that you are solely responsible for all message and data charges that apply to the use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application. You can opt-out of receiving SMS messages at any time.
Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Copyright
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
Trademarks
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dresses of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by chitragraphy.com or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright & Trademark Compliance; Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third-party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the website and/or cease sales of the product(s) pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed, or used on the website in a way that constitutes copyright or trademark infringement, please contact us through our official email:
[email protected]
Reviews, Comments, Communications, and Other Content
Visitors may post or submit reviews, comments, suggestions, communications, and other information via our website, by email, or through one of our website operation partners, or social media channels. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit. By submitting content, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display your user name or the content in any media, form, format, manner or forum now known or hereafter developed without compensation to you. We take no responsibility and assume no liability for any content posted by visitors to our website.
Listing of art
By default, any products, including images uploaded by you will be accessible to view and purchase by any third party who visits the website.
Suggestions and Ideas
Visitors may submit suggestions, ideas, or questions to [email protected]. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer, and exploit any suggestions or ideas in any manner.
Third-Party Links and/or Services
The website may contain links to or services offered by third parties that are not under the control of chitragraphy.com (“Third Party Services”). Any such Third Party Services are provided for your convenience only and you access them at your own risk. Any concerns regarding such Third Party Service should be directed to the particular outside service.
Limitation of Liability
We do not accept the responsibility that the website, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive, or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.
III. Terms of Sale
These Terms of Sale apply to all offers made by chitragraphy.com Inc., all purchases and orders placed by you and all agreements concluded between us in relation to the products and services offered on this website.
Pricing
The pricing list of the products is inclusive of VAT.
Cancelation
Cancelation of an order without a penalty charge is possible during the first 1 hour of placing an order. If the product has already left for delivery by the time you cancel, you will be charged the delivery fee.
Payment methods
We only accept payment for orders in the Nepalese Rupee (NPR).
We accept all available payment options except cheque.
If you choose to pay for an item using a payment card with a foreign currency-denominated account, the account will still be taken in $ (USD) at the conversion rate applied by the relevant payment scheme at the time of processing your order.
Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorized access to the personal and transactional information you provide us when placing an order.
Product Delivery
We will do our best to deliver your order to you within 3 days after placing an order, depending on your location inside Kathmandu Valley.
Return Rights
We are committed to quality products and your satisfaction is 100% guaranteed.
If for any reason you are not completely satisfied with your purchase, you may return it within 7 days of receipt and receive a free replacement or a full refund for the price of the product. Shipping charges will not be refunded.
If your order should arrive in less than satisfactory condition, we offer a convenient Photo Return option. Simply take a digital photo of the item and one of the shipping containers it arrived in, attach them to an email and send to [email protected]. Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the reason for the return, and let us know whether you are seeking a replacement or a refund. Your request will be processed within 48 hours and you will receive an email letting you know your replacement is under production or your refund is being processed.
To return your item(s) please pack them in the original tube or box and include the completed Return Instructions form which you will find on the back of the Packing List included with your order. Be sure to specify the reason for the return and what action you would like us to take: replacement or refund. We strongly encourage you to return your item via a trackable method.
Acceptance of Order
We reserve the right to refuse or cancel any order. In such an event your sole recourse shall be the return of amounts paid by you related to such order (if any).
Product Descriptions
We attempt to describe our products offered as accurately as possible. However, we do not warrant that product descriptions or other content of the website are 100% accurate, complete, reliable, current, or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a conforming replacement, refund, or credit.
Disclaimer
We are not liable for any financial damage (including but not limited to the cost of any replacement purchase) that may occur because of non-timely arrival or any lack of availability or conformity of the product.
IV. Disputes
Any dispute or claim relating in any way to your use of chitragraphy.com, to purchases from chitragraphy.com, or to the sale of any products or services sold or distributed by chitragraphy.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Sale as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Severability
If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
MISCELLANEOUS
The mentioned Terms and Conditions of Use are governed by the laws of Nepal. Regarding all disputes related to the use of the Website, you hereby agree to the exclusive jurisdiction and decision of courts in Kathmandu, Nepal. If any jurisdiction does not give effect to all the provisions of these terms and conditions without limitation, you are not authorized to use the Website. You consent to the fact that no partnership, employment, agency relationship, or joint venture has been established between you and chitragraphy.com in accordance with this agreement. In case any part of this agreement becomes unenforceable or invalid in accordance with the applicable law, but it is not limited to the liability limitations and warranty disclaimers as mentioned in the above lines, then the unenforceable or invalid provisions shall be replaced by the enforceable and valid provisions that have proximity to the intent of the previous provisions. However, the rest of the agreement will remain effective as usual. Unless it is mentioned specifically, this agreement comes into effect as the entire agreement between E-Arts Nepal and the users in relation to the Website, and it is above all the earlier communications, proposals, and contracts that may be in oral, written, or electronic medium or forms. Based upon this agreement, a printed version of the same and of any notice in electronic form will be used in administrative or judicial proceedings as the other printed original records and documents.
Updated: July 2021
