Terms Of Service
These terms and conditions are applicable only to the sale of fixed-price Objects on the Curwish site.
1. The Object made available for sale on the Website is in physical possession of Curwish.
2. All Objects made available for sale on the Website will be sold at the price listed and no discounts will be granted to the Buyer. The price of the Object listed does include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the physical location of the Object as well as the shipping address provided by the Buyer. The information provided during registration or amended at the time of finalizing a purchase shall be the final billing address and shipping address for delivery of the Object.
3. The Buyer agrees that the Buyer is liable for any duties and taxes that might be applicable on the purchase as per clause 2 above and such charges shall not be payable in addition to the price of the Object.
4. All invoices will be raised by Curwish based on the registration information provided by the Buyer or amended at the time of finalizing a purchase and payments will be accepted only from the Buyer so registered. In the event that a payment is sent from elsewhere, it may either be returned or could result in a delay in the processing of the order until management decides whether a variation from the registration details may be accepted.
5. Placing an order on www.curwish.com constitutes an irrevocable acceptance of the purchase.
Unless rescinded/canceled by Curwish within 3 working days on account of a default by the seller or any prior or continuing breach by the Buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Curwish (acting as the seller) and the Buyer.
6. Curwish shall have the right to cancel any order placed on the website www.Curwish.com, at any time prior to the delivery of the Object, without assigning any reason whatsoever.
7. Curwish shall assume no responsibility for any errors or omissions that may occur in the Description, pricing or other content related to the Object. In the event of such an error, Curwish reserves the right to cancel the order placed by the Buyer by informing the Buyer in writing.
8. Once an order is placed on Curwish the Buyer is required to make payment for the price of the Object as well as the charges referred to above within 7 working days from the date of placing the order. In the event that Curwish does not receive a payment within 7 working days.
Curwish reserves the right to cancel the order without prior notice to the Buyer. Alternately, and without prejudice to the foregoing, Curwish may, at its absolute discretion, hold the Object for the Buyer and charge any storage and insurance costs applicable on the purchase and/or may seek to commence legal proceedings (acting as the agent of the Seller) to ensure execution of the contract of sale.
9. The Object will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. as may be reasonably requested for, by Curwish are completed and payment has been realized in full including any additional charges. Transit insurance costs will be included in such additional charges unless specifically advised otherwise by the Buyer. In the event that the Buyer chooses to himself collect the Object from Curwish he must do so within two weeks of Curwish receiving the payment. In the event that the Object is not so collected within a period of two weeks, storage and insurance costs will be applicable on the purchase and will be determined at the complete discretion of Curwish.
10. You agree to abide by all provisions prescribed in these terms and conditions. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all costs, charges plus all applicable taxes for the purchases made by you.
11. Curwish is authorized by the sellers to exercise complete discretion in (i) the illustration and descriptions of Object for viewing and sale and (ii) acceptance or rejection of orders received.
12. All Objects displayed on the Website are supported by an authenticity guarantee from the
Seller.
13. Curwish is not obligated to provide any physical preview of the Object either before or after the sale. Curwish is in no way liable for the condition of the Object. Condition reports are provided on request and are based on the information provided by the seller. In the event that Curwish is of the view that there is a significant difference in the physical aspect relative to its
appearance as displayed on the website, an email will be sent to the Buyer regarding the difference and Curwish will await the Buyer’s decision to proceed with the order.
14. All foreign currency exchange rates for the purchase are made on a constant of 1:69(USD: INR). The prices for individual Objects have been ’rounded off’ for ease of reference and do not necessarily reflect the exact exchange rate that will be used for calculation of the invoiced price.
15. The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to Curwish immediately. Curwish is entitled to act on the basis of the information provided and seek such further information, clarifications, or verifications as it may deem necessary for granting registration. Such registration may be suspended or canceled where Curwish
forms a reasonable view that any of the above information may be inaccurate. However, such registration will be restored immediately on the buyer furnishing information to the satisfaction of Curwish.
16. Please refer to the Disclaimer and the terms of our Privacy Policy, which together with these terms and conditions govern your use of the website.
DISCLAIMER & TERMS AND CONDITIONS OF USE
These terms and conditions of use shall govern your use of the site www.curwish.com. These terms and conditions of use form the entirety of any express or implied contract that may or may be deemed to exist between us and you, the users of the Site.
MODIFICATION OF THESE TERMS OF USE
Curwish reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges, if any, associated with the use of the Sites. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You shall use the Sites in good faith and for the essential purposes for which the Sites are intended. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products or services obtained from the Sites.
LINKS TO THIRD PARTY SITES
The Sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Curwish and Curwish is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Curwish is not responsible for webcasting or any other form of transmission received from any Linked Site. Curwish is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Curwish of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to Curwish that you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with
any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through
the Sites.
MATERIALS PROVIDED TO CURWISH OR POSTED ON THE
SITES
Curwish does not claim ownership of the materials you provide to Curwish (including registration data, feedback and suggestions) or post, upload, input or submit to any of the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or
submitting your Submission you are granting Curwish and its affiliated companies permission to use your Submission in connection with the operation of their businesses including, without limitation, the
rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. Curwish agrees that it shall not use or sell user identifiable data contained in the Submissions.
However, Curwish has the sole and exclusive right to use, transfer or otherwise deal with compiled user aggregated data in any manner that Curwish deems fit.
SOFTWARE AVAILABLE ON THE SITES
Software (if any) that is made available to download from the Sites, excluding software that may be made available by end-users through a Communication Service, (“Software”) is the copyrighted work of Curwish and/or its suppliers. Curwish hereby grants to you, the user, a personal, non- transferable license to use the Software for viewing and otherwise using the particular Site in
accordance with these Terms of Use, and for no other purpose. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Curwish and/or its respective suppliers may make improvements and/or changes in the Sites
at any time. Advice received via the Sites should not be relied upon for personal, medical, legal, or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Curwish and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Sites for any purpose. All such information, software, products, services, and related graphics are provided “as is” without warranty of any kind. Curwish and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Curwish and/or its suppliers be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sites, with the delay or inability to use the sites or related services, the provision of or failure to
provide services, or for any information, software, products, services and related graphics obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, negligence, strict liability or otherwise, even if Curwish or any of its suppliers has been advised of
the possibility of damages. If you are dissatisfied with any portion of the Sites, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Sites.
TERMINATION/ACCESS RESTRICTION
Curwish reserves the right, in its sole discretion, to terminate your access to any or all Sites and the related services or any portion thereof at any time, without notice.
GENERAL
These Terms and Conditions of Use are governed by the laws of India as the seller is located in India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in the event that the seller is located in India; (as applicable.) Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Curwish as a result of this agreement or use of the Sites. If any
part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Curwish with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Curwish with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Sites are copyright protected in favor of Curwish and/or its suppliers. All trademarks, names, brand names, etc. used on the Sites are either trademarks or registered trademarks of Curwish or its associated companies. Any rights not expressly granted herein are reserved.
PAYMENTS
You agree to abide by all provisions prescribed in the order forms submitted by you for the purchase of any artworks and antiquities from the Sites. In particular, you warrant that all information that you submit will be true and accurate (including without limitation your credit card number and expiration
date), and you agree to pay all charges plus all applicable taxes for the purchases made by you.
PRIVACY POLICY
Your privacy is important to us. That is why, as a Curwish customer, we are committed to the protection of your privacy. To ensure that you feel confident about providing us with your personal information when communicating with us and using our services, we outline below our practices in relation to the collection and use of personal data. By visiting or using the wwwcureish.com website and domain name, any other Curwish owned linked pages, features, content, mobile applications, and any other services we offer from time to time
(collectively, the “Websites”), you agree to the practices and policies set out in this Privacy Policy, and you hereby acknowledge and consent to our collection, use, and sharing of your information as described in this Privacy Policy. Capitalized terms that are not defined in this Privacy Policy have the
meaning given to them in our Terms and Conditions. We do not knowingly collect or solicit personal information from anyone under the age of 13 or
knowingly allow such persons to register for the Websites. No one under age 13 may provide any personal information to us. If you believe that we might have any information from or about a child under 13, please contact us at [email protected] so we may delete that information. Information we collect & use Websites In general, you can visit our website without telling us who you are or revealing any personal information about yourself. We track the Internet address of the domains from which people visit us and analyze this data for trends and statistics, but the individual user remains anonymous.
However, to make better use our site including receiving communications from us and accessing certain features, you will need to sign up for our email newsletters or register using our online registration form, where you are required to provide us with your contact and identity information,
town/city, email id and other personal information as indicated in the forms on the site as well as your third-party account information (for example, your log-in name and password for Facebook). We may also collect the information you supply to us regarding your personal preferences and interests. If
you access the Service through Facebook Connect you understand that some content and/or information in your Facebook account (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions and that Third Party Account Information
transmitted to our Websites is covered by this Privacy Policy.
Our primary goal in collecting and storing this information from you is to provide an efficient, relevant and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our site to make your experience easier. Importantly, we only collect
personal information about you that we consider relevant for achieving this purpose. If you want to bid in our auctions or make an online purchase on our website, we collect some additional information, such as a billing and shipping address, a credit or debit card number and a card expiration date. We protect the security of your credit/debit card information during transmission by
using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. Curwish
will continue to enhance security procedures as new technology becomes available.
We may automatically track certain information about you based upon your behavior on our site. We
use this information to do internal research on our users’ demographics, interests, and behavior to
better understand and serve our users. This information may include the URL that you just came
from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our
site or not), your computer browser information, your IP address, which areas of the site you visit and
which features you use.
We use data collection devices such as “cookies” on certain pages of the site to help analyze our
web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are
small files placed on your device that allow us to identify your browser and device and assist us in
providing our services. We offer certain features that are only available through the use of a “cookie”.
We also use cookies to allow you to enter your password less frequently during a session. Cookies
can also help us provide information that is targeted to your interests. Most cookies are “session
cookies,” meaning that they automatically expire at the end of a session. You are always free to
decline our cookies if your browser permits, although in that case, you may not be able to use
certain features on the site and you may be required to reenter your password more frequently
during a session.
In order to provide you with timely notice about upcoming auctions and events, new products
introduced, Curwish may send you email notices based on your expressed interests and bidding
history. To help us make these e-mails more useful and interesting, we often receive a confirmation
when you open the e-mail or click on a link if your computer supports such capabilities. At any time,
you may click the unsubscribe link at the bottom of most emails we send to stop receiving those
emails. You may also send an email to [email protected], and request that your email address be
removed from our lists. Note that certain email communications from us are required as a condition
for using some of our services. As an example, Tell a Friend Curwish provides users of this site the
opportunity to inform others (each, a “recipient”) about a particular product, which will require the
sender to provide the recipient’s email address(es). At the sender’s request, Curwish will
automatically send the recipient email on behalf of the sender a link to Curwish s site containing the
information about the sale or lot. Curwish will not initiate any further contact with the recipient,
beyond the email sent on behalf of the sender, unless the recipient specifically “subscribes” for extra
services by filling out a registration form.
If you, as a recipient, do not wish to receive further e-mail from the sender, please reply to the
sender requesting they stop sending you the email in the future. Curwish does not accept
responsibility for any third party’s use (or misuse) of this service.
Other Correspondence
If you send us personal correspondence, such as emails or letters, or if other users or third parties
send us correspondence about your activities or postings on the Site, we may collect such
information into a file specific to you.
We would like to reiterate that we limit the use of your information to the extent that we reasonably
require to deliver our products, services and other opportunities, and to administer our business.
Curwish does not sell, lease or give your personal information to any other company.
Security
Any personal data you provide to us is securely stored in our internal Information Technology (IT)
systems to which only authorized Curwish employees are permitted access. This access is provided
to employees only on a “need-to-know” basis to the extent necessary to execute their official
responsibilities.
All our employees are required to sign a confidentiality agreement in which they agree to treat
company & customer data as strictly confidential. The server holding your personal data is protected
against both unauthorized physical and electronic access. These measures include an electronic
firewall and various other protection measures that involve virus scanning, installation of security
patches, vulnerability testing, backup and recovery planning, employee training, security audits and
other steps designed to constantly improve the data protection posture.
To protect your privacy and security, we will verify your identity before granting access or making
changes to your personally-identifying information. If you have registered your profile on Curwish,
your Curwish ID and password are required in order to access your profile information.
Sharing of Information
We neither rent nor sell your personal information in a personally identifiable form to anyone. We share
your personal information in the personally identifiable form with third parties only as described below:
Agents:
We employ other companies and people to perform tasks on our behalf and need to share your
information with them to provide products or services to you. Unless we inform you otherwise, our
agents do not have any right to use the personal information we share with them beyond what we
deem necessary to assist us in performing such tasks. Examples of such services include mail
courier services, email delivery services and live chat support services.
User Profiles and Content:
Certain user profile information, including without limitation a user’s username and the image content
that such user has uploaded to the website may be displayed to other users to facilitate user
interaction within the Websites or address your request for our services. Any content you upload to
your public user profile, along with any personal information or content that you voluntarily disclose
online in a manner other users can view (on discussion boards, in messages and chat areas, etc.)
becomes publicly available, and can be collected and used by others. Your username may also be
displayed to other users if and when you post comments or upload images through the Websites and
other users can contact you through such comments. If you sign in to the Websites through
Facebook Connect, your list of “friends” from Facebook may be automatically imported to the
Websites, and such “friends,” if they are also registered users of the services, may be able to access
certain non-public information you have entered in your user profile. Again, we do not control the
policies and practices of any other third-party site or service.
Sale of Assets:
We may choose to buy or sell assets. In these types of transactions, customer information (which
may include your personal information) is typically one of the business assets that is transferred.
Also, if we (or substantially all of our assets) are acquired, or if we go out of business or enter
bankruptcy, your personal information would be one of the assets transferred to or acquired by a
third party.
Legal and Protection:
We may release your personal information when we believe in good faith that release is necessary to
comply with laws; enforce or apply our conditions of use and/or other agreements; or protect the
rights, property, or safety of Curwish, our employees, our users, or others. We may exchange
information with other companies and organizations (including governmental authorities) for fraud
protection and credit risk reduction.
With Your Consent:
Except as set forth in this Privacy Policy, your personal information may be shared with third parties
only with your consent. By using the website, you consent to the collection and use of the
information you disclose on the site by Curwish.
Amendments
We may amend this Privacy Policy from time to time. Use of information we collect now is subject to
the Privacy Policy in effect at the time such information is used. If we make changes in the way we
use Personal Information, we will modify this page. You are bound by any changes to the Privacy
Policy when you use the Websites.
Contact
We are committed to protecting and safeguarding your privacy. Please contact us at
[email protected] you have any questions Thank you for visiting Curwish!
Cancellation, Return/ Refund/ Exchange and Shipping Policies
Return/ Refund/Exchange All sales are final. We do offer insurance on artworks, in case artwork is damaged in transit.
Cancellation
Once the order has been placed, we do not offer cancellation on any of our artworks.
Shipping
The Object will be delivered/shipped to the Buyer, in 7-10 working days, once all necessary
documentation, relating to transportation, tax, etc. are completed and payment has been
realized in full including any additional charges.