Terms and Conditions

1. Agreement to Terms

By accessing and using artbyjoy.shop ("Website"), including creating an account or signing in via Google OAuth, you accept and agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use this Website.

Art by Joy ("we," "us," or "our") reserves the right to modify these Terms at any time. For material changes, we will provide at least 7 days' notice by email or via a prominent notice on the Website before the changes take effect. Your continued use of the Website after that period constitutes acceptance of the updated Terms.

2. Artwork & Product Information

All artwork displayed on this Website is original, handcrafted watercolor art created by the artist. We make every effort to display colors and details accurately, but we cannot guarantee that your device's display will accurately reflect the actual colors and appearance of the artwork. Minor variations in color and texture are inherent to handcrafted work and are not considered defects.

Original Artworks: Each piece is one-of-a-kind. Once sold, it cannot be reproduced in the exact same manner.

We reserve the right to limit quantities, discontinue any product, or refuse service to anyone at our sole discretion.

3. Pricing & Payment

All prices are listed in Indian Rupees (INR) and other supported currencies as displayed. Prices are subject to change without notice. The price displayed at the time you place your order is the price you will be charged.

Payment is required at the time of purchase. We accept major credit cards, debit cards, UPI, and other payment methods as indicated at checkout through our secure payment processor. All transactions are encrypted and processed in accordance with PCI-DSS standards.

You represent and warrant that you have the legal right to use any payment method provided and that all payment information is accurate and complete. We reserve the right to cancel orders where fraudulent payment activity is suspected.

4. Orders & Confirmation

Your receipt of an order confirmation email does not constitute our acceptance of your order. A binding contract is formed only when we dispatch your item and send a shipping confirmation. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing or product information, or suspected fraud.

If your order is canceled after payment has been processed, we will issue a full refund to your original payment method within 7 business days.

5. Shipping & Delivery

We ship to addresses within India and select international locations. Shipping costs, estimated delivery times, and any applicable customs duties or import taxes are provided at checkout. International customers are solely responsible for any customs duties or taxes levied by their country.

All original artworks are carefully packaged to ensure safe delivery. We strongly recommend purchasing shipping insurance, especially for high-value pieces. Once dispatched, risk of loss or damage passes to the shipping carrier. We are not liable for carrier-caused damage, though we will assist you in filing a claim where possible.

Delivery times are estimates only and are not guaranteed. Delays due to customs, carrier issues, or circumstances beyond our control do not entitle you to cancel an order or receive a refund.

You are responsible for providing accurate shipping information. We are not liable for delays or non-delivery resulting from incorrect or incomplete addresses provided by you. Re-delivery fees resulting from address errors are your responsibility.

6. Returns & Refunds

Original Artworks: Due to the unique, one-of-a-kind nature of original artwork, all sales are final. We do not accept returns or offer refunds on original pieces unless the artwork arrives damaged or is materially different from its description.

Damaged Items: If your artwork arrives damaged, you must notify us within 72 hours of delivery at artbyjoy.contact@gmail.com with clear photographic evidence of both the damage and the packaging. Claims submitted after this window cannot be accepted. Upon review, we will offer — at our discretion — a replacement, partial refund, or full refund. Refunds are issued to the original payment method within 7 business days of approval.

Commissions: Custom commissioned work is non-refundable once the artist has begun work. A deposit (typically 50%) is required upfront and is non-refundable under any circumstances. If you choose to cancel a commission after work has begun, the deposit is forfeited. The remaining balance is due only upon your approval of the completed work and before shipping.

7. Intellectual Property Rights

All content on this Website, including artwork images, photographs, text, graphics, logos, and design, is the property of Art by Joy and is protected by Indian and international copyright laws.

When you purchase an original artwork, you acquire ownership of the physical piece only. The artist retains all intellectual property rights, including copyright, and the right to reproduce the image for promotional purposes, prints, portfolios, and exhibitions. Your purchase grants you the right to display the physical artwork privately (e.g., in your home or office) and to resell the physical piece. It does not grant any right to reproduce, distribute, publish digitally, or create derivative works from the artwork.

You may not reproduce, distribute, publicly display, or create derivative works from any artwork or content on this Website without express prior written permission from Art by Joy.

8. Commissions

Commission requests are subject to the artist's availability and approval. We reserve the right to decline any commission request without providing a reason.

A 50% non-refundable deposit is required before work begins. The remaining 50% balance is due upon completion and your approval of the final work, and before the artwork is shipped.

Commission timelines are estimates only. We will communicate any significant delays as soon as they are known.

Revisions: Up to two rounds of minor revisions (adjustments to color, composition, or minor elements) are included in the commission price, provided they are requested before the final approval stage. A "minor revision" does not include changes to the fundamental subject matter, style, or size. Requests for additional revision rounds or major changes will be quoted separately and must be agreed upon in writing before work continues.

Once you provide final approval, no further changes can be made. Intellectual property rights for commissioned works are governed by Section 7 above.

9. Accounts & Authentication

You may create an account directly or sign in using Google OAuth ("Sign in with Google"). You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

If you sign in via Google, you authorize us to receive and store limited profile information (name, email address, and profile photo) from Google solely for authentication and account management purposes, as described in our Privacy Policy. You can revoke this authorization at any time via your Google Account permissions.

You agree not to share your account credentials, create accounts under false identities, or use another person's account without authorization. You must notify us immediately at artbyjoy.contact@gmail.com if you suspect unauthorized access to your account.

We reserve the right to suspend or terminate any account, with or without notice, if we determine in our sole discretion that the account has been used in violation of these Terms, for fraudulent activity, or in any manner that may harm Art by Joy or other users.

10. User Conduct

You agree not to use this Website for any unlawful purpose or in any way that could damage, disable, or impair the Website or interfere with any other party's use of the Website.

Prohibited activities include but are not limited to: attempting to gain unauthorized access to any part of the Website or its infrastructure; transmitting viruses, malware, or malicious code; scraping or bulk-downloading content; placing fraudulent orders; impersonating any person or entity; and misusing the Google OAuth sign-in feature to access accounts you do not own.

11. Privacy & Data Protection

Your use of this Website is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection and use of your information as described therein, including information collected when you sign in via Google OAuth.

We implement reasonable security measures to protect your personal information, but we cannot guarantee absolute security of data transmitted over the internet. We will notify affected users in the event of a data breach likely to affect their rights.

12. Disclaimer of Warranties

The Website and its content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any content on the Website, including product descriptions and pricing, except as expressly stated.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Art by Joy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of or inability to use the Website or any products purchased.

Our total aggregate liability to you for any claim arising from your use of the Website or purchase of artwork shall not exceed the amount you paid for the specific product or service giving rise to the claim.

14. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, civil unrest, government actions, postal or courier disruptions, or failures of third-party services (including payment processors and shipping carriers). In such circumstances, we will notify you as soon as reasonably practicable and work to fulfill our obligations as quickly as possible.

15. Indemnification

You agree to indemnify, defend, and hold harmless Art by Joy, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Website, violation of these Terms, misuse of the Google OAuth sign-in feature, or infringement of any third-party rights.

16. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, including the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and the Consumer Protection Act, 2019, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India.

You agree to first attempt to resolve any dispute informally by contacting us at artbyjoy.contact@gmail.com before initiating any formal legal proceedings. We will make a genuine effort to resolve the issue within 30 days of receiving your written notice.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Art by Joy with respect to your use of the Website and supersede all prior agreements, representations, and understandings.

19. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

• Email: artbyjoy.contact@gmail.com
• Website: https://artbyjoy.shop