Terms and Conditions with Disclaimer
“The Company” and “We” means Haute Couture or Postersphotography.com
Order Acceptance
All orders are final and subject to the conditions in this document. The customer accepts these when placing an order. If a person who is under 18 years old wishes to place orders, the person must provide an email address for his or her parent or guardian. All data should be securely saved by the customer beyond the time of placing the order. We do not save or keep the data transmitted by the customer after delivery and delete all order related digital data with order fulfilment. The photos/images offered on this website shall be the only photos/images that can be ordered. We will not handle customer’s photos/images for printing framing, mounting or stretching on Canvas.
Photographers
We invite photographers to submit their work for display and sale in our galleries. Once approved the photographer will have to email us the original digital image for processing along with a release form by which he will permit us to reproduce print and sell the image. We will compensate the photographer with every sale. The compensation shall be decided by our art committee before accepting the photo/image. However the photographer will not be allowed to email to us any photos/images which contain,
- - nudity or pornographic or obscene or sexually inciting material
- - racist or extremist material
- - material that is likely to incite hatred against any person or group
- - blasphemous material
- - defamatory or otherwise actionable material
- - images of any criminal act
- - material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party
- - material that breaches any applicable laws or legislation
Property Rights
The photographer herewith confirms, that he is responsible for the content of photos transmitted and entitled to transmit and print the images. The photographer further agrees to defend and hold harmless the company, its owners, officers, employees, agents, licensors, suppliers and any third party and providers to us from and against any or all losses, expenses, damages and costs including legal fees resulting from any violation of the Terms of Use, or any activity relating to the photos/images supplied by the photographer.
Copyright
All contents of the Sites are copyright protected in favour of the Company and/or its Photographers. All trademarks, names, brandnames, etc. used on the websites are either trademarks or registered trademarks of Company and/or its associated photographers. Any rights not expressly granted herein are reserved.
Disclaimer
All liability for loss or damage suffered due to a delayed delivery of the item/s and/or damage or loss during delivery, whether this loss is caused by us or by a third party is expressively excluded. The website may include inaccuracies or typographical errors. Changes are periodically added to the contents herein. The website may not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice suitable for your circumstances or situation. In no event shall the Company and/or its agents be liable for any direct, indirect, punitive, incidental, consequential or any other damage whatsoever, including inter alia damages for loss of use or profit, or any other loss, arising out of or in any way connected with the use or the performance of this website, whether technical or otherwise, including inter alia the appearance of the actual product vis-a-vis the image on the website, delays or any other non performance whatsoever, or the inability to use the site or otherwise arising out of the use of site or whatsoever, based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its agents be advised of the possibility of the damages.
Price and Payment
The customer must pay in full by credit or debit card or online banking or by cash card, in advance when submitting an Order online. The price of the Photographic Products ordered is the price in force at the date and time of placing the Order, as set out on this website, inclusive of VAT at the current rate. Payments are processed by a third party merchant, E Billing Solutions Private Limited (registered in India under the Companies Act)
Print Quality
It must be taken into consideration, that the monitor of your computer, has much lower resolution than the actual print. The images that you are viewing are at 72 dpi (dots per inch) versus the 300 to 1440 dpi of the actual print. This difference means that the print generally shows greater contrast, texture and tonal range, saturation, scale, etc. than the screen image. In addition please note that computer monitors are calibrated differently and therefore introduce difference in brightness, contrast and colour.
Delivery
We strive to dispatch orders within 10 working days, but are under no obligation to do so. Our dispatch audit systems serve as proof of delivery. If an order becomes lost in the courier system, we will resend the order, once 10 working days has passed since we dispatched the items, for which we may request the customer to resubmit the order data. Should the second package dispatched also become lost our liability ceases. If we have sent the customer’s order again and either package is returned to us for non collection from a delivery office of the courier or incorrect/incomplete address provided then the courier delivery cost of this order is payable again. Orders shipped to an address outside India are final (except for quality issues) and we cannot be held responsible for non-delivery of these items.
Liability
Any complaints, as far as visible faults are concerned need to be presented by the customer within two weeks of receipt of goods. Non-visible faults are covered for six month by the consumer warranties as defined in the local laws. We will chose to either repair or replace faults in case of valid complaints. In no event the company’s or its owner’s maximum liability, under any circumstances whether based on action or claims in contract or in tort (including without limitation negligence and strict liability) exceed the purchase price of photo/image.
General
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the websites. 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 the Company with respect to the websites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the websites. 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.
Law and jurisdiction
These terms (and the provision of goods and services by us) are governed by the Laws of India and to be interpreted in accordance with the prevailing law in Mumbai India. You hereby consent to the jurisdiction of the courts of Mumbai, India. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the Mumbai courts will have exclusive jurisdiction over such dispute.