About BRUSHCOLORWATER eCommerce
We are an eCommerce venture where we bring in hand crafted canvases filled with vibrant colors made of oil, water , poster and fabric to endeavor the positive energy at your house or office spaces.Often these paintings are been used to decorate on the blank dead walls to create an ambiance of colors, aroma and vision. Check out all our products to have a vivid knowledge and then you can make up your mind to try at least any of the canvases to bring out a different look overall at your place.
Now our user friendly mobile compatible website is a click away from your smart phone.
Enjoy our data friendly website from your device without waiting in queue. Easy to access, with one click away to engross your inner artist. We help you to find the world class paintings with which you can decor your office, work space, dream home and the dead blank walls to give a new look. Painters and enthusiasts from across the world and their works which we portray on our web portal to behold the unique and liable mode for transition.
High quality products
Quality is remembered long after the price is forgotten.
Experience high quality art from renowned and rising artists.
Find yourself and lose yourself at the same time.
We ensure Quality that can be trusted.
Customer satisfaction is our reputation. We pledge to provide a quality product in a reasonable price. If you come in, we will give you a reason to come back.
LISTING WORKS ON THE SITE
As a Member, you may submit listings for original works of art that you have created and that you desire to sell through the Site and Services. You may not submit listings for Original Works of Art that were created by another artist. As a Member you may also submit listings for digital images of works of art that you have created and that you desire to commercially exploit through the Site and Services. You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide BRUSHCOLORWATER (eCommerce) with all the information requested on the applicable page of our Site and you must comply with any other BRUSHCOLORWATER(eCommerece) requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing BRUSHCOLORWATER (eCommerce) with a copy of a government-issued ID or similar documentation. BRUSHCOLORWATER (eCommerce) reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.
You acknowledge that BRUSHCOLORWATER (eCommerce) reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Site.
If you want to remove a listing for an Original Work of Art or Digital Work from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.
RESPONSIBILITY FOR WORKS
You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that:
(i) as to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art.
(ii) as to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to BRUSHCOLORWATER (eCommerce) the rights in such Digital Works as contemplated under these Terms.
(iii)neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor BRUSHCOLORWATER (eCommerce)’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If you submit listings for Original Works of Art, you hereby appoint BRUSHCOLORWATER (eCommerce) as an independent non-exclusive re seller with the right to resell such Original Works of Art through the Site and Services and on third party websites and you hereby grant BRUSHCOLORWATER (eCommerce) a worldwide, transferable, nonexclusive, right and license, with a right to sub license, to:
(i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work of Art Sales via Online Sales channels.
(ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Art in any form, medium or technology now known or later developed for the purpose of promoting BRUSHCOLORWATER (eCommerce), the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share (defined below), which is payable only upon the sale of an Original Work of Art via the Online Sales channel.
If you submit listings for Digital Works, you hereby grant BRUSHCOLORWATER (eCommerce) a worldwide, transferable, nonexclusive, right and license, with a right to sub license, to
(i) use, modify, reproduce, distribute, publicly perform and publicly display the Digital Works in connection with the manufacture, distribution and sale of Printed Works to Members and other third parties via Online Sales and through other offline channels.
(ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Digital Works in any form, medium or technology now known or later developed, for the purpose of promoting BRUSHCOLORWATER (eCommerce), the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Revenue Share, which is payable only upon the sale of a Digital work via Online Sales channels and Offline Sales channels. BRUSHCOLORWATER (eCommerce) may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling BRUSHCOLORWATER (eCommerce) to process and fulfill orders for Printed Works.
As between you and BRUSHCOLORWATER (eCommerce), BRUSHCOLORWATER (eCommerce) will be deemed the seller of any Original Works of Art and Printed Works that are purchased via Online Sales channels. If an Original Work of Art and/or Printed Works are sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and BRUSHCOLORWATER (eCommerce), these Terms will apply to the sale of such Original Work of Art and/or Printed Work.
BRUSHCOLORWATER (eCommerce) and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or BRUSHCOLORWATER (eCommerce)’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between BRUSHCOLORWATER (eCommerce) and the third party website or BRUSHCOLORWATER (eCommerce)’s Offline Sales partner, as applicable, to BRUSHCOLORWATER (eCommerce) and share related shipping information, including the contact details of the purchaser where necessary, with BRUSHCOLORWATER (eCommerce).
For Original Works of Art only, BRUSHCOLORWATER (eCommerce) will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by BRUSHCOLORWATER (eCommerce), you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. BRUSHCOLORWATER (eCommerce) will provide you with information regarding its preferred shippers with which BRUSHCOLORWATER (eCommerce) maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a BRUSHCOLORWATER (eCommerce) preferred shipper account, BRUSHCOLORWATER (eCommerce) will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to BRUSHCOLORWATER (eCommerce) if you are using a BRUSHCOLORWATER (eCommerce) preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, BRUSHCOLORWATER (eCommerce) (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share. If you do not ship the purchased Original Work of Art via a BRUSHCOLORWATER (eCommerce) preferred shipper or if you pay for the cost of shipping yourself, BRUSHCOLORWATER (eCommerce) will reimburse you for the amount you paid, up to the amount that BRUSHCOLORWATER (eCommerce) or the third party website charged the purchaser for shipping.
For sales of Original Works of Art via the Online Sales channels, BRUSHCOLORWATER (eCommerce) will credit your Account in an amount to be determined in accordance with BRUSHCOLORWATER (eCommerce)’s then-current standard pricing and commission terms, for sales of Original Works of Art via the Site and Services, subject to BRUSHCOLORWATER (eCommerce)’s receipt of confirmation of delivery to the purchaser, BRUSHCOLORWATER (eCommerce) will credit your Account with the corresponding Artist Revenue Share following the expiration of the return period and for sales of Original Works of Art via third party websites, BRUSHCOLORWATER (eCommerce) will credit your Account with the corresponding Artist Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Work of Art has been confirmed to have been successfully delivered to the purchaser, as determined by BRUSHCOLORWATER (eCommerce), in its sole discretion.
You agree to comply with the terms and conditions of BRUSHCOLORWATER (eCommerce)’s then-current Return Policy that are applicable to any Original Works of Art that are sold through the Site and Services.
For sales of Printed Works via Online Sales and Offline Sales, BRUSHCOLORWATER (eCommerce) will credit your Account visible in the Sales Dashboard with the applicable Artist Revenue Share as set forth in BRUSHCOLORWATER (eCommerce)’s then-current standard pricing and commission terms.
You will have the right to request BRUSHCOLORWATER (eCommerce) to remit the Artist Revenue Share in your Account in accordance with a BRUSHCOLORWATER (eCommerce)-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, BRUSHCOLORWATER (eCommerce) will remit to you the remaining balance of Artist Revenue Shares in your Account, if any.
If you remove a listing for a Digital Work from the Site, the license rights granted by you to BRUSHCOLORWATER (eCommerce) to manufacture, distribute and sell Printed Works with respect to such Digital Work will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for BRUSHCOLORWATER (eCommerce) and its third-party subcontractors to fulfill any in-progress orders for such Printed Works and for any orders for such Printed Works accepted by BRUSHCOLORWATER (eCommerce) or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to BRUSHCOLORWATER (eCommerce) with respect to using such Digital Work to promote BRUSHCOLORWATER (eCommerce), the Site and the Services will remain in full force and effect for only as long as necessary for BRUSHCOLORWATER (eCommerce) to fulfill any current obligations that require using the Digital Work for such promotional purposes.
You understand and agree that BRUSHCOLORWATER (eCommerce) uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, BRUSHCOLORWATER (eCommerce) is not responsible for the color accuracy of any Original Works of Art, Digital Works or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.
You agree not to do any of the following:
• Post, upload, publish, submit or transmit any information or other material that: (i)infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.
• Use, display, mirror or frame the Site, or any individual element within the Site, BRUSHCOLORWATER (eCommerce)’s name, any BRUSHCOLORWATER (eCommerce) trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BRUSHCOLORWATER (eCommerce)’s express written consent;
• Access, tamper with, or use non-public areas of the Site, BRUSHCOLORWATER (eCommerce)’s computer systems, or the technical delivery systems of BRUSHCOLORWATER (eCommerce)’s providers;
• Attempt to probe, scan or test the vulnerability of any BRUSHCOLORWATER (eCommerce) system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BRUSHCOLORWATER (eCommerce) or any of BRUSHCOLORWATER (eCommerce)’s providers or any other third party (including another user) to protect the Site, Services, BRUSHCOLORWATER (eCommerce) Content or Member Content;
• Attempt to access or search the Site, Services, BRUSHCOLORWATER (eCommerce) Content or Member Content or download BRUSHCOLORWATER (eCommerce) Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by BRUSHCOLORWATER (eCommerce) or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a BRUSHCOLORWATER (eCommerce) trademark, logo URL or product name without BRUSHCOLORWATER (eCommerce)’s express written consent;
• Use the Site, Services, BRUSHCOLORWATER (eCommerce) Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, BRUSHCOLORWATER (eCommerce) Content or Member Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, BRUSHCOLORWATER (eCommerce) Content or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
• Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
BRUSHCOLORWATER (eCommerce) will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. BRUSHCOLORWATER (eCommerce) may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that BRUSHCOLORWATER (eCommerce) has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. BRUSHCOLORWATER (eCommerce) reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, BRUSHCOLORWATER (eCommerce) Content or any other text, graphics, images, software, music, audio, video, information or other content or material that BRUSHCOLORWATER (eCommerce), at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
THE SITE, SERVICES, BRUSHCOLORWATER (eCommerce) CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRUSHCOLORWATER (eCommerce) EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BRUSHCOLORWATER (eCommerce) MAKES NO WARRANTY THAT THE SITE, SERVICES, BRUSHCOLORWATER (eCommerce) CONTENT OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BRUSHCOLORWATER (eCommerce) MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRUSHCOLORWATER (eCommerce) OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, BRUSHCOLORWATER (eCommerce) DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES BRUSHCOLORWATER (eCommerce) MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. BRUSHCOLORWATER (eCommerce) MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES.YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
Information Collection and Use: Personally Identifiable Information
• In the course of using the Site and Services, you may provide us with personally identifiable information, which refers to information about you that can be used to contact or identify you . Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address, phone number and postal address. We use your Personal Information primarily to provide and improve the Site and Services and to respond to your inquiries.
• We may also request that you provide certain information, such as your zip code and personal preferences, which is typically considered “Non-Identifying Information” because it cannot, by itself, be used to contact or identify you.
• We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) primarily to provide and improve the Services, to complete your transactions and respond to your inquiries.
• Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But, the same items of information are considered Non-Identifying Information when they are taken alone or combined only with other non-Identifying information (for example, your age). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other BRUSHCOLORWATER (eCommerce) users to attempt to provide you with a better experience, to improve the quality and value of the Site and Services and to analyze and understand how our Site and Services are used.
• We also use your Personal Information to contact you with BRUSHCOLORWATER (eCommerce) newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or via the “Account” section of the Site.
Log Data. When you visit the Site, whether as a Member or a non-registered user just browsing our servers automatically record information that your browser sends whenever you visit a website . This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, ads you click on during your use of the Site, your viewing preferences, bookmark habits and other statistics. We use this information to monitor and analyze use of the Site and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness and to better tailor the Site to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.
MAKING PURCHASES AND LISTING WORKS VIA THE SITE
If you purchase a work or other item or list a work for sale via the Site, we request certain Personal Information from you. You must provide contact information such as first and last name, address, city, zip, email and phone number and financial information such as credit card type, credit card number, expiration date and CVV2. We use this information for billing and remittance purposes, to list works for sale on the Site and to fulfill your orders, as applicable. If we have trouble processing an order or listing a work for sale, we will use this information to contact you. If you list a work for sale via the Site, we require you to provide a copy of a government issued photo identification. When you place an order or list a work for sale via the Site, BRUSHCOLORWATER (eCommerce) will also send you informational emails regarding such orders and sales.
The security of your Personal Information is important to BRUSHCOLORWATER (eCommerce). But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) via the Site, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
OUR POLICY TOWARD CHILDREN
This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at enquiry. BRUSHCOLORWATER (eCommerce)@gmail.com if we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
Identity theft and the practice currently known as “phishing” are of great concern to BRUSHCOLORWATER (eCommerce). Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, username, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Indian Trade Commission’s website.
LINKS TO OTHER SITES
Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
EXPEDITED PHOTO RETURN
If your product arrives damaged or defective in some way we offer a hassle-free Photo Return process to speed replacement. Here’s how:
Take a digital photo of your damaged product and the shipping container it arrived in (only if the package is also damaged).
Attach your photos to an email and send them to email@example.com . Please include your order number, shipping ID or item number, a brief description of the reason for the return, and whether you’d like a replacement or a refund.
You will receive an email within 24-48 hours confirming that your photo return is being processed.
If your photo return is confirmed, you do not need to mail back your product. We will process the refund or replacement based on your photos.
Photo Returns are accepted for most art prints, including framed items, canvas . Photo Returns are not available for some items, including tapestries, rugs, hand painted art, and limited edition prints.
If the damage or quality issue is not apparent in the photo, you may be required to return the item at your expense before the return can be processed.
TERMS AND CONDITIONS
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.
This User Agreement contains rules and regulations, policies, terms & conditions and agreement applicable to any person who may access or use Brushcolorwater, including any subdomains, webpages or extension of Brushcolorwater.com; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Brushcolorwater and the services provided are subject to the rules and regulations, policies, notices, terms & conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of Brushcolorwater by accessing or browsing the Website and/or has registered as a member of Brushcolorwater by submitting identification information/ registration details using the computer system of Brushcolorwater and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
Amendment: Brushcolorwater Handicrafts Private Limited (Henceforth referred to as “Company”) reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links and you agree by accessing, browsing or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days’ prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by Brushcolorwater Rules and Policies for Sellers and Buyers as provided from time to time in the following hyperlinks:
• Brushcolorwater Policies for Sellers
• Brushcolorwater Policies for Buyers
Payment on Billing shall mean a Transaction where the payment for the items purchased is paid through the (i) Brushcolorwater authorised Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft or any other mode of payment and such payment of the Transaction Price is credited to the bank account of the Company within  days of booking the Transaction.
Payment on Delivery shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash and no other mode of payment will be accepted. However, this facility is available only in limited cities in India and the Company in its sole discretion and without notice, reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.
Delivery / Delivered means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Brushcolorwater.
In Transit/ Dispatched all mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Brushcolorwater.
Dispatch Details means the true, accurate and valid data, information, details or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case maybe.
Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of Brushcolorwater at the time of registration, buying or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number and banking / financial information.
Issuing Bank in respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank which maintains a valid Bank Account in the name of buyer; with which the buyer makes payment of the Transaction Price. [Currently, Brushcolorwater authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on Brushcolorwater.]
Logistics Partner shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions or such other services that the Company may require.
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on Brushcolorwater.
Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the seller.
Valid Card means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Valid Bank Account shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall be referred to as the Buyer Bank Account and in respect of the Seller be referred to as the Seller Bank Account. [Both the Buyer Bank Account and Seller Bank Account are required to be with a branch of a nationalized bank as per applicable Indian laws or other banks which are registered with or approved by Reserve Bank of India and such branch and/or account of the Buyer and Seller supports Reserve Bank of India’s electronic / online banking system including, without limitation, National Electronic Funds Transfer (NEFT) and/or Real Time Gross Settlement (RTGS)].
Brushcolorwater authorised Payment Gateway facility means the automated electronic payment or collection and remittance facility provided by the Company to Buyers and Sellers to facilitate purchase and sale of items as well as making payments there for on Brushcolorwater directly through banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment. [Currently, Brushcolorwater authorised Payment Gateway Facility supports online bank transfers from the banks that are available while selecting the Prepay mode as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on Brushcolorwater.]
Brushcolorwater or any service provided by Brushcolorwater may only be used or accessed by such 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, persons of unsound mind, and undischarged insolvents are not eligible to use Brushcolorwater. A minor is not allowed to access or register as a User or sell or purchase any items on Brushcolorwater.
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
• Registration and Communication
By registering on Brushcolorwater, you agree to allow us to contact you through any mode of communication (Email/Chat/Telephone call) for any confirmation or service related information for the order placed by you, on the contact details provided by you. Any kind of legal implication raised, due to the incorrect nature of the details provided by you, Brushcolorwater will not be held responsible for the same.
You agree that your sole purpose of registering or using Brushcolorwater is to buy or sell unique Indian handicraft products including green-crafted and ethnic products or such products as may be specifically notified by the Company on the Website from time to time (that are permitted to be bought and sold under applicable law) and you shall not use Brushcolorwater for any other purpose including for selling or buying products other than as mentioned above or products that are not allowed under applicable law to be sold or bought by you in any manner.
You agree to provide true, accurate and complete information while registering or for any other purpose when prompted to do so on Brushcolorwater. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/ register using the identity of any other person. You are responsible to maintain and promptly update the information provided while registering or for any other purpose on Brushcolorwater to ensure that the information provided by you is true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to deduce that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, the Company reserves the right to indefinitely suspend or terminate or block your use or access to Brushcolorwater in any manner whatsoever.
Seller Registration: To be eligible to sell items on Brushcolorwater, the User is required to separately register with Brushcolorwater authorised Payment Gateway facility on its page on Brushcolorwater. The seller shall provide complete details of the Seller Bank Account as a part of the Brushcolorwater authorised Payment Gateway Seller Registration or at a later date in lieu of or in addition to the original Seller’s Bank Account..
Buyer Registration:Other than being a User, there is no separate registration requirement for buyers. Brushcolorwater authorised Payment Gateway facility is available to Buyers who hold a Valid Card or Valid Bank Account.
Electronic Communication: You agree to keep yourself updated with all data, information and communication pertaining to you made available on Brushcolorwater. You further agree that your use of Brushcolorwater or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
You understand and agree that the Company merely provide hosting services to its Users who access Brushcolorwater for purchase and sale of unique Indian products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on Brushcolorwater and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. You also give permission to the Website and the Company to store details and records of your usage of Brushcolorwater indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
Currently the membership on Brushcolorwater is free and the Company does not levy any charges/fees for browsing or buying on Brushcolorwater. However, for the purposes of listing any item on Brushcolorwater to be sold or availing other services provided by the Company through Brushcolorwater such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Facility Charges Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on Brushcolorwater. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on Brushcolorwater and such changes shall automatically become effective immediately after they are posted on Brushcolorwater.
All fees/ charges shall be quoted in Indian Rupees and shall be payable to Brushcolorwater Handicrafts Private Limited within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of Brushcolorwater and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied. In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with Brushcolorwater and disallow access to Brushcolorwater. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.
If you purchase anything on Brushcolorwater, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.
If you propose to sell anything on Brushcolorwater, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.
The Company offers listing, packing, courier, warehousing, design and other value added services (Brushcolorwater Logistics) to the sellers who opt to avail any of the Brushcolorwater Logistics services agree to comply with the terms and conditions set out in Policy for Brushcolorwater Logistics iincorporated herein by reference. The sellers will be charged for such services availed from Brushcolorwater Logistics in accordance with the Facility Charges Policy.
You agree that the Company may appoint any third party service provider, including but not restricted to one or more of the Company’s affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on Brushcolorwater.
Any information provided by you to the Company or submitted to Brushcolorwater or provide or display to other Users of Brushcolorwater in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.
• User Obligations
All contractual terms of the manner and terms & conditions of delivery, payment, insurance etc. between the buyer and the seller shall be independently agreed with the other users of Brushcolorwater that you may transact with.
You will treat Brushcolorwater as a mere passive conduit which is used as a platform by Users to create listings or provide information for the purpose of selling their items so that such information can be discovered and read by other Users of Brushcolorwater who may wish to purchase such items from other Users or provide feedback on items they have purchased or sellers who have sold any item to them.
You agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information or list any information or item that:
o belongs to another person and to which you do not have any right to;
o 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;
o harm minors in any way;
o 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 items;
o violates any law for the time being in force;
o deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
o impersonate another person or use an anonymous proxy;
o 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;
o 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;
o shall not be false, inaccurate or misleading;
o 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;
o may give rise to liability on part of the Website or the Company or cause any hindrance (in whole or in part) with respect to the services of ISPs or other suppliers of the Website or the Company; and
o link directly or indirectly to or include descriptions of items that are (i) prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under or (ii) are at the same time listed for sale on a web site other than Brushcolorwater. You shall not promote any website or webpage or link on Brushcolorwater.
In case of any violation of the above provisions, the Company has the right to immediately terminate the access or usage rights of the user to Brushcolorwater without any notice and any such violating information that is displayed or submitted on Brushcolorwater can be removed immediately and completely.
You shall be responsible for keeping backup versions of the information and data provided by you. You hereby agree that you will not expect Brushcolorwater to restore or keep back up of your information and data and not hold the Website or the Company accountable for any loss of data in any circumstances.
You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on Brushcolorwater. You will also refrain from accessing information or databases in an unauthorized manner from Brushcolorwater or servers where information or databases are kept.
You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to Brushcolorwater and also for taking appropriate legal action.
In case of any transaction or attempted transaction pertaining to any item listed on Brushcolorwater which is violating this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at firstname.lastname@example.org.
If you choose to provide feedback on Brushcolorwater which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
You undertake not to disclose or distribute any other User’s Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.
You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing.
You shall not attempt to ‘double dip’ during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer or seller as the case maybe.
Brushcolorwater is only a platform where users may meet and interact with one another for their transactions. The Website or the Company is not and cannot be a party to or control in any manner any transaction between two users of Brushcolorwater.
All commercial / contractual terms are offered by and agreed to between buyers and sellers alone as per principal to principal bipartite contractual obligations. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to items listed for sale. The Company does not have any control and neither does it determine or advise or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers. Further, you understand that a listing may end if another User buys the item, or the User who made the listing chooses to end the same or if the listing expires after a stipulated period of time.
The Company is neither involved in the buying and selling of items on the Website nor liable or responsible for any non- performance or breach of any contract entered into between the Users (i.e. buyer and seller) including but not limited to non-delivery or non-receipt, non-payment, damage, breach of representations and warranties provided by the seller or any fraud as regards the items listed on Brushcolorwater. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing or any delay in processing a Transaction/ Transaction Price which is beyond the control of the Company. The Company shall not and is not required to mediate or resolve any dispute or disagreement between users.
The Company does not make any representation or warranty as to the attributes (such as quality, worth, marketability, merchantability, usefulness) of the items proposed to be sold or offered to be sold or purchased on Brushcolorwater. In particular, the Company does not implicitly or explicitly support or endorse the sale or purchase of any items on the Website. The Company shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
The Company does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity etc.) of any of its users. You are advised use your best judgment and independently verify the bona fides of any particular User that you choose to deal with on Brushcolorwater.
Brushcolorwater is only a venue through which Users can reach a larger base to buy and sell unique Indian products. The Company is only providing a platform in form of the Website for communication and a hosting service for information and it is agreed that the contract for sale of any of the items shall be a strictly bipartite contract between the seller and the buyer. At no time shall any right, title or interest over the items vest with the Company nor shall the Company have any obligations or liabilities in respect of such contract. The Company is not responsible for unsatisfactory or delayed performance of sellers or damages or delays as a result of items being out of stock, back ordered or otherwise unavailable. All items offered by sellers are only for a restricted time and only for the available supply as offered by sellers.
The Company and its suppliers, affiliates and service providers make available Brushcolorwater and services including the Brushcolorwater Logistics, Brushcolorwater authorised Payment Gateway facility for electronic payment on an “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company specifically disclaims any such warranty. You expressly agree that the use of Brushcolorwater and Brushcolorwater authorised payment gateway electronic payment facility is at your own risk.
You release and indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of Brushcolorwater and specifically waive any claims that you may have in this behalf under any applicable law. The Company cannot control the information provided by other Users, which is made available on the Website notwithstanding the Company’s reasonable efforts in that behalf. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretence.
• Limited liability of the Company
In no event shall the Company or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with Brushcolorwater, Brushcolorwater authorised payment gateway facility, services provided by the Logistics Partner or any other services or this User Agreement.
The Company liability in any circumstance is limited to the amount of charges/ fees, if any, paid by you to the Company. The Company, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of Brushcolorwater or that the operation of Brushcolorwater or the Logistics Partner or Brushcolorwater authorised payment gateway facility will be error free and/or uninterrupted. The Company provides no guarantee to its Users in respect of the products sold on the Website. Consequently, the Company assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
o The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Brushcolorwater authorised payment gateway facility.
o Any delay, failure, interruption or errors in the operation of Brushcolorwater or the Logistics Partner or Brushcolorwater authorised payment gateway facility.
You shall indemnify and hold harmless the Company and the Company’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement including the rules and policies incorporated herein by reference, or (ii) your violation of any law, rules or regulations or the rights of a third party.
Payments for the items on Brushcolorwater, at the option of the relevant seller, can be made by way of (i) Payment on Billing which can be made through the Brushcolorwater authorised payment gateway Facility or by depositing cash, cheque, demand draft in the bank account of the Company; or (ii) Payment on Delivery wherein payment shall be made only by cash on delivery, or such other method of payment as may be permitted by the Company on Brushcolorwater in its sole discretion.
For the purposes of buying and/or selling any item listed on Brushcolorwater, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company.
You acknowledge and accept that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
In order to enable Users to carry out transactions on Brushcolorwater, the Company will in addition to other methods of payment provide an electronic payment facility i.e. Brushcolorwater authorised payment gateway facility by E-billing Solutions Private Limited on the Website. The Brushcolorwater authorised payment gateway facility enables automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Brushcolorwater authorised payment gateway facility shall be availed in accordance with the terms of this User Agreement and the rules and policies prescribed hereunder.
The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company’s control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company through the Brushcolorwater authorised payment gateway facility. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
The Company has appointed Citibank Ltd., a banking company incorporated under the laws of United States of America and having its Head Office at New York and operating in India and having an office inter alia at Citibank NA, Citibank Card Centre, Citi Tower, 61 Dr. S S Rao Road, Parel, Mumbai 400012 as the nodal bank. The company has a Nodal bank account with a bank operating in India. The Company reserves the right to, at its sole discretion, replace or remove any nodal bank (Nodal Bank) without providing any intimation.
Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the Seller and the Company shall not be responsible for the same including but not limited to service charges or any other fees/ charges.
You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Brushcolorwater authorised payment gateway facility or any other method of payment to its Users.
TThe Company views the protection of user’s privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.
Without limiting other remedies that the Company may pursue, the Company may at its sole discretion take such action as it deems fit including but not limited to cancellation of the Transaction or payments made, limit your activity, immediately remove your information or listings, or end your listing, warn other Users of your actions, forthwith temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Brushcolorwater or initiate any legal action it may deem fit, particularly in the event:
o You breach any of the provisions of this User Agreement including any of the rules and policies, documents, terms and conditions made thereunder which are incorporated therein by reference;
o Any misuse of the Brushcolorwater authorised payment gateway facility
o The Company is unable to verify or authenticate any information provided by you;
o The Company believes that your actions may cause legal liability to the Company, other Users or yourself. No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
No actions, omissions or decisions taken by the Company shall waive any rights or claims that the Company may have against the User.
Any User that may have been suspended or blocked may not register or attempt to register with Brushcolorwater or use Brushcolorwater in any manner whatsoever until such time that such User is reinstated by the Company. Notwithstanding the above, if you breach the User Agreement or the rules and policies and other documents incorporated therein by reference, the Company reserves the right to recover any amounts due and owed by you to the Company and to take strict legal action including but not limited to referral to the appropriate police or other authorities for initiating criminal or other proceedings against me.
• Grievance Redressal Mechanism
In case of any grievance, objection or complaint on your part with respect to the Website, other Users, Brushcolorwater authorised payment gateway facility or the Company, including any complaints or enquiry about suspension, termination or blocking of your membership or right to use Brushcolorwater, you should promptly raise such grievance or complaint with the designated Grievance Officer at email@example.com and provide him with all necessary information and/or documents to enable the Company/ Grievance Officer to resolve the issue.
The name and contact details of the Grievance Officer is published on Brushcolorwater as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any manner whatsoever.
Except as explicitly stated otherwise, any notices directed to the Company shall be given by email to firstname.lastname@example.org and any notices to you by the Company shall be provided to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of this User Agreement or the application thereof to any User or circumstance shall be deemed invalid, void or for any reason unenforceable to any extent, the remainder of this User Agreement and the application of such unenforceable provision to Users or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each provision of this User Agreement shall be valid and enforceable to the fullest extent permitted by law.
This User Agreement together with the rules and policies incorporated herein by reference constitutes the entire understanding and agreement between You and the Company with respect to the subject matter herein.
The Company at its sole discretion shall be entitled to assign or transfer its rights and obligations under this User Agreement hereunder to any other person without your prior consent provided that the Company assigns this User Agreement on the same terms or such terms that are no less favourable to you.
All remedies of the Company under this User Agreement whether provided herein or conferred by statute, civil law, common law, custom or trade usage, are cumulative and not alternative and may be enforced successively or concurrently.
If any dispute arises between you and the Company during your use of Brushcolorwater or the Brushcolorwater authorised payment gateway facility or Brushcolorwater Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or Brushcolorwater authorised payment gateway Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
• GOVERNING LAW
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Mumbai shall have exclusive jurisdiction. This document is an electronic record in terms of Information Technology Act, 2000 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.
POLICY FOR SELLERS
Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.
• Seller Registration: A User who wishes to sell items on the Website shall register with the Facility by providing the requisite information/ data on the Seller Registration page including details of the seller’s Valid Bank Account ( Seller Registration). The sellers shall provide true, correct and duly authorized data/ information and shall not be misleading, fraudulent, false, unauthorized and otherwise illegal. The Company has the right to suspend/ terminate the Seller Registration and the use of the Website by the seller if the Company discovers or it is brought to the Company’s notice that the aforesaid data is misleading or does not comply with the User Agreement and the rules and polices made thereunder and in such case the seller shall also be liable for all the liabilities, risks, damages and consequences that may arise.
• Invoicing, Shipping & Product Liabilities: Please note that we are a marketplace platform like Ebay and provide marketplace services to you. We help Buyers and Sellers connect whereby as Sellers you are selling to customers via our platform and we are charging commission for services associated with it. Therefore invoicing and shipping to customer is your responsibility. Also any taxation related to sale of your products like VAT, CST etc is your responsibility. Also liabilities arising from the use, consumption and/or interaction with your products is solely yours and Brushcolorwater.com will not be responsible for any loss or damage due to your products.
• Hold, Suspension and Termination of Seller Registration: In case of any breach or violation or suspected breach or violation of any of the provisions of this policy or the User Agreement, the Company may suspend and/or terminate the Seller Registration or may put the remittances on hold with respect to such Seller. The Company may reinstate or activate seller’s Seller Registration or remit the Transaction Price to seller subject to the Seller providing such information, data, documents and undergoing such verification as may be desired by the Company and as provided in the User Agreement or the rules and polices made thereunder. Seller’s Seller Registration is subject to the seller remaining an active User of the Website.
Upon identifying or being notified by any person or by law enforcement agency that Seller has violated any law in the performance of the Transaction, the Company may immediately suspend seller’s Seller Registration, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.
• Know Your Customer (KYC) Documentation: At the time of Seller Registration and/or at any time thereafter and/or from time to time as may be required, the Company may seek KYC Documents from Seller and further usage of the Website shall be subject to Seller’s submission of KYC Documents. ‘KYC Documents’ shall mean such information, data or documents as may be specified by the Company from time to time which clearly and unambiguously verifies the details, including the Seller’s Bank Account provided by Seller at the time of registration with Facility or at any subsequent date.
The Company may seek KYC Documents from the Seller at any point of time during the subsistence of this policy for compliance with the provisions of the User Agreement and the rules and polices made thereunder as well as compliance with applicable laws. The Company has the right to reject any one or more of the KYC Documents submitted by seller and may ask for other documents or further information.
• Charges Applicable to Sellers: The Company shall levy charges/ fees from time to time (for providing facilities to sell on the Website) to the Sellers in accordance with the Facility Charges Policy incorporated herein by reference. The Company will provide the Seller with an invoice reflecting the facility charges on a monthly basis. If the seller avails of any of the services provided under Brushcolorwater Logistics by the Company, the seller will be liable to pay additional fees, charges in respect of the services availed as set out in the Facility Charges Policy.
The Company reserves the right to change the Facility Charge Policy and the related rules and policies from time to time. The Company may introduce new services and modify some or all of the existing services offered on the Website and/or under Brushcolorwater Logistics. Any such changes shall be effective from the time that the Company posts the same on the Website.
The Seller will be responsible for paying all charges associated with the use of the Website and/or Brushcolorwater Logistics and agrees to bear any and all applicable taxes, charges, cesses, surcharges etc. levied thereon. The seller shall pay the remit the appropriate charges to the Company or the Company will deduct such charges from the Transaction Price to be remitted to the seller. The Company shall issue the invoice after such deduction and remittance. Unless otherwise provided, the charges are payable by the Seller irrespective of any charge back, refund or non-fulfilment of the Transaction.
The Company reserves the right to set minimum and maximum transaction limits on the Website as it may determine for the safety of its Users.
• Single Listing: You will only make one listing for each single item that is offered for sale by you on the Website. If you propose to sell more than one identical item you will make a separate listing for each of them and if all listings result in successful sale you must be in a position to fulfily all such orders. All listed items must be listed in an appropriate category on the Website. Each listing must contain only one specific item for sale and no choices whatsoever (such as colour, size etc.) shall be provided to the buyer. [Note: Please confirm.]
You agree not to list and propose to sell any item on the Website that is set out in the list of Restricted Items set out in Annex 1 hereto.
All listed items must be kept in stock for successful fulfilment of sales. No listing can contain a disclaimer that suggests that a sale will be completed or order will be confirmed only if the item is available with the User who is listing the item. You agree that you shall not list an item if you are not in a position to deliver it immediately.
You shall not make any listing in the nature of ‘wanted advertisements’ that do not offer to sell an item but invites Users to make an offer to you for sale of any item.
You will also not make any offer, either online or offline, or by making another listing on a different website, to sell an item once you have made a listing with respect to such an item on the Website. You will not make a listing on the Website with respect to an item which is subject to an existing online or offline offer which can be validly accepted, including listing on the Website or other websites. In no circumstances will you attempt to divert any User through your listing to any other webpage or provide him any information in order to conduct any transaction outside of the Website.
The Company will be required to remove a listing only upon it being reported to be prohibited or restricted (Annex 1) or violative of applicable law or terms of the User Agreement. The Company is not deemed to have any knowledge of such prohibitive, restricted or violative listing until it has been reported to the Company. Upon receiving such reporting the Company will take best efforts to remove such listing at its sole discretion (but will not be liable to do so), within 7 days of receiving such reporting.
• No Infringement of Intellectual Property of Company and Third Parties: You must ensure that the listed items do not infringe upon the intellectual property, trade mark, copyright, trade secret or other proprietary rights or rights of publicity or privacy rights of any third party. Listings may only include content generated by you in the form of text descriptions, graphics and pictures that describe your item for sale. You agree that use of logos or trademark owned by a third party producer or manufacturer can lead to infringement of intellectual property rights of such third party. You will be solely responsible for listing and use of such trademark or intellectual property on the Website, and will hold the Website and the Company indemnified and harmless against any claim by third parties that may arise in respect of such use. You agree that under no circumstances would you use brand names or trademarks not owned by you unless the item that you are listing on the Website carries the brand name or trademark of its original manufacturer or producer. You further agree not to use any intellectual properties of the Website or the Company including its trademarks, brand name in any manner whatsoever. You will not represent to any User or third party, in any manner, that you are affiliated or associated with the Website or the Company or that you have any right to represent the Website or the Company.
• Appropriate Description in Listing: You shall be responsible for providing information relating to the items offered to be sold by you on the Website. You undertake that all such information at all times shall be accurate and complete in all respects. The listing description of the item must not be misleading in any manner whatsoever and must describe the actual condition of the item. You shall not exaggerate or over emphasize the attributes of any items you propose to sell on the Website so as to mislead other Users in any manner. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to use misleading titles for listing and not provide misleading or inadequate information about the location of any listed item. If for any reason you are unable to deliver to any specific location, destination or country, you must clearly mention the same on the listing. You shall not use unrelated keywords, or brand names (even if such use does not lead to any intellectual property right violation), or text unrelated to the item on offer for sale in your listing.
You shall not provide any information such as a catalogue of your items in your listing or on the items or packaging thereof which will enable a buyer to contact you outside the Website to buy such item directly from you instead of buying it from the listing on the Website. You shall not solicit Users to send you payments by any method not approved or provided for on the Website by the Company.
Any image used in the listing must be of the actual item proposed to be sold on the listing and shall not copy images from other listings available on the Website. You cannot disclaim any liability including liability with respect to authenticity, merchantability of items that you offer to sell on the Website.
You shall not endorse any item other than that being listed by you anywhere in the Website. You agree not to provide any description in any listing made by you in any manner that suggests you are in any way connected to, or are representing or selling on behalf of a manufacturer or producer of the item unless you are the manufacturer or producer, or you have obtained a written permission or entered into an agreement with such manufacturer or producer under which you are entitled to represent as such.
[Any free or bonus item promised in a listing for promotional purposes must be delivered together with the main item being offered through the listing. All provisions of the User Agreement including the rules and policies made there under that apply to the main item will apply mutatis mutandis to the free or bonus item as well to the extent it may be applicable.]
If you opt to avail of the ‘listing services’ provided under Brushcolorwater Logistics by the Company you agree to comply with the terms and conditions of Policy of Brushcolorwater Logistics incorporated herein by reference. If you choose, Brushcolorwater Logistics will assist you in writing an appropriate description of an item to be listed, taking photographs/images of the items to be uploaded on the Website etc. In such case, you are liable to verify all such content of the listing, photograph/ image etc. provided by Brushcolorwater Logistics and edit/ modify/ vary/ delete as may be necessary to accurately describe the item to be listed. It is clarified that the copyright in all photographs/ images produced with the assistance of Brushcolorwater Logistics shall exclusively belong to the Company. You agree that under no circumstance will the Company be liable for any misrepresentation in respect of the listed item.
• Categories: If the Website provides for categories of items, then the User must take adequate care to list items in the appropriate category. Failure to do so may result is cancellation of listing.
• Method of Payment: At the time of listing, of the various modes of payment provided by the Company on the Website, you shall also choose the modes of payment which are acceptable to you and the buyer will have the option to pay the Transaction Price only by the modes of payment selected by you. If you fail to choose your preferred modes of payment, the Buyer will have the option to pay the Transaction Price by any mode of payment provided on the Website.
• Clean Sale: You represent and confirm that you shall be the sole and exclusive legal owner of all items of any description that you propose to offer for sale on the Website. You shall have absolute right free of any encumbrance, lien, hypothecation, mortgage, charge, and adequate title and authority to deal in and offer for sale such items as may be listed by you on the Website.
If it comes to your knowledge that any Transaction or attempted Transaction relating to any item listed on the Website is violative of this clause or this User Agreement or applicable laws, you shall take all steps to inform the Company of the same forthwith.
• Unfair Consumer Practice: You will not engage in any unfair consumer practice or any such practices that are forbidden under applicable laws, including but not restricted to the Consumer Protection Act, 1986.
• Feedback: Buyers of items on the Website are entitled to write reviews and rate the items as well as the seller on the Website. As a seller, you accept that such reviews and rating may be adverse to your business, economic and other interests including reputation. You hereby relinquish any right you may have to take legal or any other action against persons who have provided such reviews/ ratings or against the Company or the Website for any loss of business, reputation or any other loss arising out of such reviews or ratings provided by buyers and other Users in consideration of being allowed to participate in the website for the purpose of selling your items.
• Non payment: The Company reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of Facility Charges or any other fees payable by you to the Company whether for Brushcolorwater Logistics services or otherwise. The Company also reserves the right to take legal action in case of such non-payment.
• International Trading: It will be solely your responsibility to ensure that before listing an item for sale on the Website, such item can be shipped outside India under applicable laws. If you list any item that is in violation of the applicable laws, you will be liable to make good any loss suffered or cost borne by the Website, the Company or other Users who rely on such listing including reimbursement of any service charges incurred towards the Facility or any other mode of payment or payments made towards taxes or government charges or any levy in respect of such item. You shall also be responsible for complying with all laws that may be applicable in the country where such item is proposed to be Delivered. You are prohibited from selling any item to buyers in countries with which trading is prohibited or under embargo (in general or with respect to certain kind of goods) as imposed by the Government of India.
• Refusal to sell: Once any User confirms a purchase in response to a listing made by you by making requisite payment through Payment on Billing, the sale is considered complete and all property and title in the listed item passes on to the buyer. You cannot refuse to sell the item, or refuse to accept payment or fail to deliver the item after the payment has been successfully made and the Transaction is confirmed. In case of sale of item wherein the buyer has opted for Payment on Delivery as a payment method, the sale is considered complete and all property and title in the listed item passes on to the buyer only after payment of the Transaction Price and upon Delivery.
• Pricing: The price of the item proposed to be purchased shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof. The shipping and handling charges included in the price of the item must be reasonable and cannot be disproportionate to the cost of the item or significantly above actual cost which maybe charged by a reputed and competitive service provider. If the buyer makes payment in any currency other than Indian Rupees, the cost of conversion/ exchange rate shall be borne by the buyer.
• Buyer satisfaction: You hereby accept the obligation to ensure high level of buyer satisfaction. If you receive more than 10% negative reviews or feedback from Users who have bought items listed by you, you will be considered to have failed to comply with this obligation. In such case, the Company may at its sole discretion cancel your listing, place limits on availability of services and facilities, suspend your account, demand a security deposit for future listings or continue your listings, impose higher fees and additional charges for permitting you to continue using the Website for listing and selling items. You may communicate with a buyer after a confirmed sale has taken place and directly resolve any complaint or dispute that such buyer may have.
• Ending of Listing: You understand and agree that the Company at its sole discretion may end any listing at any point of time without any notice and also in case where any listing does not result in a successful transaction within 30 days of listing. However, the Company may choose not to remove any such listing and extend the period of listing for such time as it thinks fit. A listing will naturally end if it results in a confirmed Transaction.
• Payment Confirmation: Subject to the modes of payment chosen by the Seller, in case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within  days of booking the Transaction and completion of verification of payment, the Company shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the Company shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.
• Rules for Dispatch: The seller (other than a seller availing the ‘courier’ services under Brushcolorwater Logistics) is required to Dispatch the items for every Transaction to the Buyer within  days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller through the Website to ensure that the items are Delivered within timely manner. You should Dispatch the item only after receiving the Payment Confirmation from the Company.
o You must use reputed postal/ courier service provider with good track record which provide tracking facility for shipped items.
o You shall Dispatch the items using only a delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ documentation. Such proof of dispatch and proof of delivery documentation (PODs) relating to the Dispatch and Delivery should be maintained by you for period of  months from the date of the Dispatch. The PODs should be furnished to the Company on demand within the timeframe as notified from time to time.
o You agree that the Dispatch Details shall be true, correct and duly authorized and shall not be misleading, fraudulent, false, unauthorized or otherwise illegal and shall not contain any misrepresentation of facts.
o You shall send an invoice addressed to the Buyer for the Transaction Price together with the item at the time of Dispatch.
o If the Seller fails to provide the Dispatch Details as prescribed below, in addition to the cancellation of the transaction, such failure may lead to suspension and/or termination of Seller’s Registration and/or any consequent actions as specified in the User Agreement.
Dispatch Details: The Seller shall provide the Dispatch Details on the Website within  days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details in the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered in the Facility within 10 days of Payment Confirmation.
In case of Transactions wherein the buyer has opted for Payment on Delivery payment method or the seller has availed of the ‘courier’ services under Brushcolorwater Logistics, the Logistics Partner would collect the item to be shipped from the Seller and the Company would be responsible for providing the Dispatch Details on the Website.
If the seller has opted for the ‘courier’ services under Brushcolorwater Logistics the seller will be bound by the terms of the Policy for Brushcolorwater Logistics (incorporated herein by reference) and the Logistics Partner and/or the Company shall be responsible for abiding by the terms and obligations of this provision including but limited to providing the Dispatch Details.
• Delivery: The time within which the seller or the Company (if the seller is availing Brushcolorwater Logistics services) is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Seller enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India and within 21 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the Buyer and Seller on the Website.
In case of Payment on Delivery Transactions, the Logistics Partner will Deliver the items and collect the Transaction Price and other charges (if any) within the stipulated time. It is the sole responsibility of the seller to ensure that the goods shipped are received by the buyer are in good condition and not damaged for any reason whatsoever, irrespective of whether the delivery is made by the Logistics Partner or seller has availed the services of Brushcolorwater Logistics.
• Remittance to Sellers: Seller agrees that the Transaction Price paid by a Buyer will be remitted to Seller’s Bank Account contingent upon the following events:
o Buyer confirming the Delivery of items in the Transaction, or
o Buyer not taking any action on the Website to confirm Delivery or non- receipt of item within  days of expiry of the prescribed Delivery time despite the confirmation of Dispatch of item by Seller to the Buyer, or
o Buyer does not raise a refund claim within  days of expiry of the prescribed Delivery time or if such claim has been raised by the Buyer, the same is rejected by the Company on account of any breach of the User Agreement and the rules and polices made thereunder and/or applicable law, or
All remittances to Sellers in respect of Payment on Delivery Transactions shall be made through cheque/ demand draft or online bank transfer to Seller’s Bank Account. In cases where the Payment on Delivery option is selected, remittance of the Transaction Price paid by the Buyer will be made within  days of Delivery and only after the payments received from the Logistics Partner are reconciled with the Website/ Company.
The Company reserves the right to keep on hold the remittance to the Seller for purposes of safety of the Facility and/or Users. In such case, the Seller will be intimated and required to complete additional check and verification and the Company may contact the Seller for verification of or additional information, details, data and documents. The Company reserves the right to refund the Transaction Price that has been kept on hold to the Buyer, if such requisite information, details, data and documents are not provided within the stipulated time, or the same is false, misleading, incorrect or incomplete.
Remittances to the Seller for their successful Transactions under the Facility would be in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.
• Warranties and Undertakings
Seller warrants and undertakes that:
o All sales of items listed on the Website are on principal to principal basis and bipartite contracts between seller and buyer. Seller shall be solely responsible for the condition, description, trademark, Delivery, warranty, payment, all applicable government taxes and duties, legality, legal title in relation to the items and other terms and conditions of the Transaction. The Company by providing facilities on the Website and/or Brushcolorwater Logistics services does not in any way becomes a party to the contract for the sale of the item.
o Seller shall maintain proper proof of delivery (POD) of the items sent to the Buyer. PODs should be furnished to the Company on demand within the prescribed time period. Failure to furnish proof of delivery will be tantamount to the product not sent by the seller and the buyer will be entitled to refund.
o In the event that:
the Seller fails to Deliver within the time prescribed; or
the Seller sells or Delivers any illegal, prohibited or counterfeit items; or
the description of the items listed do not match the actual condition of the items or the items are defective or damaged on Delivery; or
there is any dispute between Seller and the Buyer relating to the Transaction, or
the use of a Valid Card or Valid Bank Account by a Buyer while paying Transaction Price was unauthorized or was a result of fraud or hacking of bank account password; or
the Buyer claims a refund of or charges back the Transaction Price,
the Company has the right to take appropriate legal action including right to set off from subsequent remittances to seller until such amount is fully recovered. In case the subsequent balances are not enough for recovery, within 7 days of receipt of a notice to that effect from the Company, the Seller shall pay the shortfall to the Company. In case the Company is not able to recover the shortfall, within the given time, it reserves the rights to take appropriate legal actions against Seller.
o Seller further unconditionally indemnifies and hold harmless the Company, its affiliates and its third party service providers and their respective directors, officers and employees against any actions, proceedings, costs, awards, claims and damages however incurred by or arising against them as a result of any act or omission on Seller’s part while entering into and performing the contract with the Buyers or using the Facility.
o In the event that any Transaction Price remitted to Seller is uncollectible and a claim is raised on the Company in respect thereof, the same shall be Seller’s financial responsibility and the Company shall have the right to recover any such amounts from the Seller in the manner provided herein above without any hindrance/ protest.
o Seller shall abide by and complete all Transactions in accordance with the description and conditions mentioned in such Transaction and the provisions of the User Agreement and the rules and policies made thereunder.
• Seller verification and refund to Buyers: The Seller authorises the Company to perform certain checks before remitting the Transaction Price to Seller’s Bank Account to ensure the safety of the Transaction, Website and to mitigate any payment risks. As part of performing such checks, the Company will also have the right to hold the remittance to the Seller’s Valid Bank Account and require Seller to furnish certain documents for verification purposes. The Company also reserves the right to refund the Transaction Price back to the Buyer which the Company has withheld or continue holding the periodic payments (including all future payments) in any of the following conditions:
o If the Seller does not provide the requisite verification documents within the prescribed time frame communicated by the Company or as provided in the rules and policies of the Website; or
o If the verification documents submitted are invalid, tampered or forged; or
o If the verification documents suggest that the Dispatch has been done to an address which is different from the shipping address provided by the Buyer; or
o If the Seller has not Dispatched the items using a recognized dispatch channel but used any other means; or
o If Seller has provided incorrect or invalid Dispatch Details or has not Delivered the item to Buyer; or
o If the Seller has listed an Item which violates the User Agreement or the rules and polices made thereunder; or
o If the Seller has Dispatched an item different from the description mentioned on the Transaction, or
o The Company is instructed by any law enforcement agency or government or statutory authority to deny or decline or withhold such remittance.
In all the above cases the Company will not be held liable for any loss incurred by the Seller arising out of such refund.
A chargeback occurs when the card-holder disputes a charge on his credit / debit card statement with his card-Issuing Bank. On receiving such complaint from the card-holder, the card Issuing Bank credits the card holder and recovers the amount from the Company. The Company is entitled to deduct such amount from any amount payable to the Seller by the Company. If no such amount is payable the Company may demand such amount to be paid forthwith by the Seller. The Seller will notified of the recovery, if any, through an email and may receive an acknowledgement of payment if requested. If the payment gateway facility provider, bank or the service providers of the Company charge the Company with any penalty or fee or charge for such chargeback in respect of the Transaction which the Company is required to pay, the Seller will be liable to pay such penalty or fee to the Company, and the same may be recovered in the manner aforesaid.
• Data Retention
The Company will retain personal information in accordance with the privacy polices posted on the Website and applicable laws.
LIST OF RESTRICTED ITEMS
• Alcohol which includes alcohol or alcoholic beverages such as beer, liquor, wine or champagne
• Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services; Website access and/or website memberships of pornography or illegal sites
• Body parts which includes organs or other body parts
• Bulk marketing tools which includes email lists, software or other producers enabling unsolicited email messages (spam)
• Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
• Child pornography which includes pornographic materials involving minors
• Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
• Copyrighted media which includes unauthorized copies of books, music, movies and other licensed or protected materials
• Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
• Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
• Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms
• Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items
• Endangered species which includes plants, animals or other organisms (including product derivates) in danger of extinction
• Gaming/Gambling which includes lottery tickets sports bets, memberships/enrollment/ online gambling sites, and related content
• Government IDs or documents which includes fake IDs, passports, diplomas and noble titles
• Hacking and cracking material which includes manuals, how-to guides, information, or equipment enabling illegal access to software’s, servers websites, or other protected property
• Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts
• Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes
• Offensive goods which includes literature, products or other material that:
• Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
• Encourage or incite violent acts
• Promote intolerance or hatred
• Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
• Prescription dugs or herbal drugs or any kind of online pharmacies which includes drug or any other products which requires a prescription by a licensed medical practioner.
• Pyrotechnic devices, combustibles, corrosives and hazardous materials which includes explosives, fireworks and related goods; toxic, flammable and radioactive materials and substances
• Regulated goods which includes air bags; batteries containing mercury; Freon or other similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items slot machines; surveillance equipment; goods regulated by government or other agency specifications
• Securities which includes stocks, bonds, or related financial products
• Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
• Traffic devices which includes radar detectors/jammers, license plate covers, traffic signal changers, and related products
• Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts and other armaments
• Wholesale currency which includes discounted currencies or currency exchanges
• Live animals or hides/skin/teeth, nails and other parts etc. of animals
• Multi level marketing collection fees
• Matrix sites or sites using a matrix scheme approach
• Work-at-home approach and/or work-at-home information
• Drop-shipped merchandise
• Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
• The merchant providing services that have the potential of citing the Payment Gateway Facilitators in a poor light and/or that may be prone to “Buy & Deny” attitude of the cardholders when billed (e.g. adult material/mature content/escort services/friend finders) and thus leading to chargeback and fraud losses
• Business or websites that operate within the scope of law which are not absolutely clear or are ambiguous in nature (Web-based telephony, websites supplying medicines or controlled substances, websites that promise online match making, etc)
• Businesses out rightly banned by law (e.g. betting & gambling/publications and content that is likely to be interpreted by authorities as leading to moral turpitude or decadence or incite caste/communal tensions, lotteries/ sweepstakes& games of chance)
• The merchant who deal in intangible goods/services (e.g. software download/health/beauty products), and business involving pyramid marketing schemes or get-rick-quick schemes. Any other product or service which in the sole opinion of the EBS or the Payment Gateway facilitators, is detrimental to the image and interests of either of them/ both of them, as communicated by either of them/both of them to the merchant from time to time. This shall be without prejudice to any other terms and conditions mentioned in this Agreement.
• Bulk marketing tools which includes emails, lists, software or other products enabling unsolicited email messages (spam)
• Web-based telephony/SMS/Text/Facsimile services or Calling cards. Bandwidth or data transfer/ allied services. Voice process/knowledge process services
• Mailing lists
• We charge 15% Commission + Applicable Service Tax + Logistics Charges. The commission is calculated on the sale price of the product of the Seller. Any direct or indirect discounts given by the Company will not be considered in the sale price. Shipping, packaging and handling is managed by Seller. For Cash on Delivery, Brushcolorwater appointed Logistics service provider will be used.
POLICY FOR BUYERS
Capitalized terms used but not defined herein shall have the meaning given to them under the User Agreement.
• As a buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the seller to purchase the items from the seller using either Payment on Billing or Payment on Delivery as the method of payment to pay the Transaction Price which shall be paid to the seller through your Issuing Bank (except in case of cash payments). You agree and acknowledge that the Company is only a facilitator of collection and remittance of Transaction Price. No interest or any benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by the Company through and of the prescribed payment methods.
• You may agree with the seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of the User Agreement and the rules and policies made there under.
• Payment Method: You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing or Payment on Delivery, for the Transactions conducted on the Website. You will be intimated when (i) the Transaction Price is credited to the account of the Company (in case of Payment on Billing) or (ii) on committing to pay the Transaction Price on Delivery if you opt for Payment on Delivery payment method, which will be confirmed by the Website. The Website shall notify the Buyer upon Payment Confirmation as provided herein.
• Non-payment: Buyers are not permitted to buy any product without making a payment of the Transaction Price by Payment on Billing method of opting for Payment on Delivery or such other payment method provided by the Company on the Website, in respect of the product as described in the listing.
• Contacting Users: Users shall not communicate with other Users outside the Website to warn them about a seller, products or listing. However, you are entitled to provide feedback and/or reviews/ ratings for sellers as per the feedback facilities provided on the Website.
• Contact Information: The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately. The Company takes no responsibility for any delay/ non delivery of the goods on account of failure of the User to update the contact information provided on the Website and any consequent negative feedback by the buyer will be deleted or modified.
• Feedback: You shall use the feedback and review mechanism to communicate your fair opinion and facts in respect of any User or the Website or your experience whilst using the Website, known to you from first-hand experience only. You shall not include any hearsay information, or information that results in maligning any User, brand or product in your feedback. You must inform the Company immediately on becoming aware of violation of any applicable laws or violation of the provisions of this User Agreement and the rules and policies made thereunder at email@example.com
• Limit on volume of Transactions: The Company reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
• Verification of payment: To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Company may contact the buyer for verification of or additional information, details, data and documents. The Company may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the buyer and seller.
• The Company reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
• Payment Confirmation: In case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within  days of booking the Transaction and completion of verification of payment in accordance with the clause above, the Company shall notify the buyer and the seller that the Transaction Price has been received. In case of payment by Payment on Delivery, the Company shall notify the buyer and seller that the buyer has committed to pay the Transaction Price by Payment on Delivery.
• Dispatch Details: The seller or the Company (if the seller is availing Brushcolorwater Logistics services) shall provide the Dispatch Details on the Website within  days from the Payment Confirmation or within such timelines as may be agreed upon between the buyer and seller on the Website. If the Seller fails to enter the Dispatch Details on the Website within such prescribed time, the Company may in its sole discretion cancel the Transaction and refund the Transaction Price (if paid) to the Buyer. In case of Delivery outside India (in which case only electronic payment shall be acceptable), the Dispatch Details have to be entered on the Website within  days of Payment Confirmation.
• Delivery: The time within which the seller or the Company (if the seller is availing Brushcolorwater Logistics services) is required to ensure Delivery of the items to the buyer shall be calculated from the time the seller/Company enters the Dispatch Details on the Website i.e. within 7 days from entering the Dispatch Details for delivery within India and within 21 days from entering the Dispatch Details for delivery outside India or such other timeline as may have been agreed upon between the buyer and seller and intimated on the Website.
• Delivery confirmation: You shall immediately notify the Website upon Delivery or non Delivery within the prescribed time period. If you fail to provide such notification/ confirmation of receipt or non-receipt of an item within  days of expiry of the Delivery time prescribed in the above clause, it shall be construed as a deemed Delivery in respect of that Transaction and the Transaction Price shall not be refunded. In case of Cash on Delivery Transactions or if the seller is availing Brushcolorwater Logistics services, the Company will update the shipment Delivery status on a periodic basis and the Buyer is not required to confirm receipt of items.
Refund: You shall be entitled to claim a refund of the Transaction Price (as your sole and exclusive remedy) within  days of expiry of the Delivery time (including any extension thereof) if you do not receive the Delivery within the time period agreed in the Transaction or within the time period prescribed herein, whichever is earlier. In the event you do not raise a refund claim using the Website within the prescribed time you shall be ineligible for a refund.
If you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make requisite payment at the time of delivery, the Transaction will be cancelled and the item will be returned to the seller and the Company and the seller will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing your order and any other services provided to you.
In cases where the buyer has received Delivery of the item within the stipulated time but the item is not as described in the listing, the buyer is entitled to claim a refund for the entire Transaction Price paid within  days from the expiry of the Delivery time. If such refund claim is raised by the buyer, the seller has the option to disagree to the same, in which case the Company may put the refund claim on hold for checks and verifications. The Company may contact the Users for the purposes of verification. As a result of such verification, the refund claim may either be accepted or rejected by the Company in its sole discretion which shall not be disputed by the Users. If the refund claim is accepted then the Transaction Price will be refunded to the buyer.
All payments for refund of the Transaction Price shall be as follows and in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries dated 24 November 2009.
o Except for Payment on Delivery Transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
o For Payment on Delivery Transactions, refunds, if any, will be made via demand draft in favour of the Buyer (as per the details provided by the Buyer at the time of registration with the Website).
o Refunds shall only be made in Indian Rupees and shall be equivalent to the Transaction Price received. Buyer shall bear any foreign exchange conversion risk, loss, charges or fees, if any.
o For electronics payments, refund shall be made through the Facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India.
o Refund shall be subject to the buyer complying with the provisions of the User Agreement and the rules and polices made hereunder and the Company shall have recourse to such refund in case of any misuse by buyer.
• Arrangement with the Issuing Bank: All Transactions conducted on the Website for which Valid Cards and Valid Bank Accounts are used for remittance of payment for Transactions on the Facility will also be governed by the terms and conditions agreed to between the buyer and the respective Issuing Bank and payment instrument issuing company and you shall not violate any such terms and conditions. You agree to indemnify and hold harmless the Company and its service providers against any direct or indirect liability that may arise on account of such violation. All online bank transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support the Facility to provide these services to the Users.
• Octroi and other local levies: Delivery of items to buyers located in places where octroi or other local taxes and levies are charged will be liable to pay the same to the courier company even though the listing mentioned no such octroi, taxes or levy.
BRUSHCOLORWATER 100% BUYER PROTECTION PROGRAM DETAILS:
Brushcolorwater.com has a friendly return and refund policy to ensure your online purchase is free of stress. We offer “100% Buyer Protection Program” for our valued customers. We do not release your payment to the seller till the products are received by you and you are happy with it. We are always with you, before your purchase and after your purchase. We are not perfect but we have ensured hard that our refund/return policies do not bring any ugly surprises to you post your purchase.
What is Brushcolorwater’s Return Policy?
Our “100% Buyer Protection Program” allows for easy returns and refunds for:
• 1. Products which you received in “Damaged/Defective/Broken” condition.
• 2. Products not as per description/photo on the website.
• 3. Products which you may not like for quality, color and design related issues.
All the products must be returned in the original condition they were received in along with any bills and labels. Please follow the below given steps to register your dispute within 7 days of receipt of the product. Disputes registered after 7 days of delivery may not be entertained by sellers. Consumable products like food and beverages, bath and beauty products and bulky items like furniture/statues/paintings/temples (mandir) cannot be returned. Custom stitched products cannot be returned.
How to raise dispute for an order?
You need to register your dispute in either of the two ways:
• 1. By sending email to customercare@Brushcolorwater.com with images of broken/defective/damaged products within 3 days of delivery. We need photos of the damaged/defective/different products received so that we can defend your dispute with relevant seller. Please mention your order number in the email.
• 2. Register dispute directly by calling on +91-8884622110
Who pays for the delivery charges for returning of products?
When you’re returning an item that was damaged/ defective or due to an error on the seller’s part, you will be compensated for return courier charges. You will be paid flat Rs. 100 voucher which can be used to buy any of the Brushcolorwater products for next 3 months. Please pack well when you are returning the product so that it reaches the seller in good condition.
The amount you paid for the product plus any shipping paid at the time of order will be directly refunded back to your bank account/credit card/debit card within 15 working days of refund.
When will I be refunded?
We can refund you when the seller notifies us of the receipt of the item back from you or the online tracking shows as delivered to the seller address. Remember that items have to be returned to sellers directly by you. Once the seller notifies us of the receipt of the return item, we will credit the amount back to you within 15 working days (does not include Saturdays, Sundays and Bank Holidays).
How are items packaged?
All items are carefully packaged as to avoid any form of damage.
What are the shipping charges?
Sellers provide Paid delivery on most items in India. Some items may have shipping depending on the nature of the product. For International orders, the shipping charges are different for different items and is mentioned clearly on the product page. Also Prices may be different for different countries to account for shipping costs as sellers are free to set their prices and prices listed in INR are only for India.
What is the estimated delivery time?
The estimated time of delivery is within 7 working days for domestic orders and 21 working days for international orders. All orders get shipped within 5 days from the Seller’s warehouse.
How will the delivery be done?
• We try to process all deliveries through reputed courier companies like Delhivery, Bluedart, Aramex, AFL, DTDC, DHL and Fedex. In some cases where the pincode/zipcode is not servicable by these courier companies, we use Indian Speed Post for those deliveries.
• If there is no courier service available in your area, we will get in touch with you and try to work out a convenient alternate delivery location that is serviced by our courier partners.
How can I track the delivery of my order?
All Brushcolorwater items are delivered through reputed courier partners who will provide you with a Tracking ID for your order by which you can track your delivery on the respective websites of our courier partners. We email you the tracking number after we dispatch your order. You can also see the tracking number in your order history panel in your account when you login.
Who bears the Octroi for certain locations in India?
Nagpur , Sangli , Dombivili , Nasik , Mumbai , Pimpri & Chinchwardi , Kothrud (Pune) , Ahmednagar , Pune , Akola are Octroiable cities. Any applicable octroi will be payable by the customer. Please pay Octroi to the courier company if requested by them in these cities. Brushcolorwater.com is not responsible for any octroi payments.
Who would be responsible for paying local taxes in countries outside of India?
Customs Duty & other international taxes etc. if applicable will have to be borne by the customer according to the laws of the land.
“Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number, fax number, email address, financial profiles, identification number and credit card information.
PERSONAL INFORMATION THAT MAY BE COLLECTED
Brushcolorwater shall collect and store any information that you may provide on our Website. To enable you to become a member or subscriber of our Website we need to have your basic Personal Information. Apart from this, when you visit our site, our systems collect details about your computer’s personal information like your IP address. Please note that your IP address does not identify you personally.
No use or Services available on this Website are directed towards children. Brushcolorwater does not knowingly collect Personal Information from children or sell of its products to children.
USE OF INFORMATION COLLECTED
Brushcolorwater owns all the information collected via the Website. As applicable, the information collected by Brushcolorwater shall be used to contact you about the Website and Website related news and Services available on the Website; monitor and improve the Website; calculate the number of visitors to the Website and to know the geographical locations of the visitors; update you on all the special offers available on the Website and provide you with a better shopping experience.
Please note that when you place an order, some of your Personal Information will be passed on to the others who shall need to have access to some Personal Information like courier companies, credit card processing companies, vendors etc. to enable them and Brushcolorwater perform their duties and fulfill your order requirements.
Brushcolorwater does not allow any unauthorized persons or organization to use any information that Brushcolorwater may collect from you through this Website.
In the event Brushcolorwater is required to respond to subpoenas, court orders or other legal process, your Personal Information may be disclosed pursuant to such subpoenas, court order or legal process, which may be without notice to you.
Brushcolorwater may share collective information such as demographics and Website usage statistics with our sponsors, advertisers or other third parties (such third parties do not include Brushcolorwater’s marketing partners and network providers). When this type of information is shared, such parties do not have access to your Personal Information.
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