Terms of Service
Overview
This website is operated by Hamlet Shougrakpam Art. Throughout the site, the terms “we”, “us” and “our” refer to Hamlet Shougrakpam Art.
We provide this website, including the information, products, auction services, features and other services available through it, subject to your acceptance of these Terms of Service and any other policies referenced on this website.
By visiting our website, creating an account, participating in an auction, placing a bid, purchasing an artwork, or otherwise using our services, you agree to be bound by these Terms of Service.
Please read these Terms carefully before using the website. If you do not agree with these Terms, you should not use the website or participate in our auctions.
Our online store is hosted on Shopify, which provides the e-commerce platform through which our products and services are offered.
1. Online Store Terms
By using this website, you represent that you have reached the age of majority applicable in your jurisdiction or otherwise have the legal capacity required to enter into a binding transaction.
You may not use our website, products or services for any unlawful or unauthorized purpose or violate any applicable laws while using the Service.
You must not transmit viruses, malicious code or any other material intended to interfere with the operation or security of this website.
A violation of these Terms may result in restriction or termination of your access to the Service.
2. Auction Terms
Certain original artworks may be offered through timed online auctions. By placing a bid, you acknowledge that you have read the artwork description, auction details, shipping information and these Terms before bidding.
Bids are binding
Every bid represents a genuine commitment to purchase the artwork if you become the winning bidder and all applicable auction conditions are satisfied. Do not place a bid unless you genuinely intend and are financially able to complete the purchase.
Starting price
Each auction may have a specified starting price. Bidding cannot begin below the starting price displayed for that auction.
Minimum bid increments
Bids may be required to increase by a specified minimum amount. The required increment will be displayed or determined by the auction system.
Automatic bidding
Where automatic bidding is available, bidders may enter a maximum amount they are prepared to pay. The auction system may place incremental bids automatically on their behalf, up to that maximum amount, according to the auction's bidding rules.
Minimum selling price / reserve
Certain auctions may have a minimum selling price or reserve. If the highest bid does not meet this amount at the end of the auction, the artwork is not required to be sold.
The existence or amount of a reserve may be displayed or handled by the auction system according to the information provided for that particular auction.
Auction extensions
Where automatic auction extension is enabled, the closing time may be extended when a qualifying bid is received shortly before the scheduled end of an auction. The auction system's recorded closing time will determine when bidding has ended.
Winning an auction
The highest qualifying bidder at the conclusion of an auction will ordinarily be considered the winning bidder, provided that any applicable minimum selling price has been met.
Winning an auction creates an obligation to complete payment for the artwork.
Payment
Winning bidders must complete payment using the payment methods available through our website.
If payment is not successfully completed within the period specified by us or by the auction system, we reserve the right, subject to applicable law, to cancel the transaction and make the artwork available again or offer it to another bidder.
Bid retractions
Bids generally cannot be cancelled or withdrawn because a bidder changes their mind.
If you believe you have made a genuine bidding error, contact us as soon as possible. We do not guarantee that a bid can be removed before an auction closes.
Artificial bidding
You must not place or arrange bids for the purpose of artificially increasing an artwork's price or apparent demand.
This includes using another account or arranging for friends, family members, employees, associates or other connected persons to place non-genuine bids.
We reserve the right to cancel suspicious bids or transactions where we reasonably believe bidding manipulation, fraud or misuse has occurred.
Bidder information
You must provide accurate and current contact, billing and shipping information. We may need to contact you regarding payment, customs documentation or delivery.
3. Original Artworks
Original paintings offered through Hamlet Shougrakpam Art are individually created works of art.
Unless specifically stated otherwise, purchasing an original artwork transfers ownership of the physical artwork only.
Copyright and other intellectual-property rights remain with the artist. Purchasing an artwork does not grant the purchaser the right to reproduce, commercially exploit, license, distribute or create merchandise from the artwork without prior written permission.
We may continue to display photographs, videos or reproductions of sold artworks on our website, social media, portfolio and promotional materials.
4. Artwork Images and Color
We make reasonable efforts to photograph and display our artworks accurately.
However, colors, tones, textures and details may vary depending on photography, lighting, screens, device settings and viewing conditions.
Original paintings may contain natural variations in brushwork, texture and surface appearance. Minor differences between the physical artwork and its digital representation do not necessarily constitute a defect.
5. Prices and Currency
Product and auction prices are displayed in the currency indicated on the website.
Where your bank, card provider, PayPal or another payment provider performs currency conversion, the exchange rate and any associated fees may be determined by that provider.
Prices and auction starting prices may change for future transactions without notice.
6. Shipping
Original paintings are shipped from India to eligible destinations.
Shipping availability depends on courier coverage, destination restrictions, customs requirements, sanctions and applicable laws.
We may restrict shipping to countries, regions or addresses where shipment cannot reasonably or lawfully be completed.
After dispatch, customers will ordinarily receive tracking information by email. Delivery estimates are not guaranteed and may be affected by customs processing, courier delays, weather, public holidays or other circumstances outside our reasonable control.
Please refer to our Shipping Policy for further information.
7. Customs, Duties and Taxes
International shipments may be subject to import duties, VAT, GST, customs charges, brokerage fees or other taxes imposed by the destination country.
Unless expressly stated otherwise, these charges are not included in the artwork price or shipping charge and are the responsibility of the recipient.
Customers are responsible for providing any information or documentation required for customs clearance.
8. Orders and Payment
We reserve the right, subject to applicable law, to refuse or cancel an order where reasonably necessary, including cases involving suspected fraud, payment failure, obvious pricing errors, bidding manipulation, shipping restrictions or inaccurate customer information.
If we cancel a transaction after receiving payment and no lawful deduction applies, the applicable amount will be refunded through the appropriate payment method.
You agree to provide accurate billing, shipping and contact information.
9. Returns, Cancellations and Refunds
Returns, cancellations and refunds are governed by our Refund Policy and any mandatory consumer rights applicable to the transaction.
Please review our Refund Policy before bidding on or purchasing an original artwork.
10. Intellectual Property
Unless otherwise indicated, the artwork, photographs, videos, graphics, branding, text and other original content displayed by Hamlet Shougrakpam Art are owned by or licensed to Hamlet Shougrakpam Art and/or the artist.
You may not reproduce, distribute, sell or commercially exploit our copyrighted material without permission, except where permitted by law.
Purchasing a physical artwork does not transfer its copyright.
11. Third-Party Services
Our website may use third-party services, including payment processors, auction applications, shipping providers and other technologies.
These services may be governed by their own terms and privacy policies. We are not responsible for third-party services to the extent that their operation is outside our reasonable control.
12. Third-Party Links
Our website may contain links to third-party websites. We do not control those websites and are not responsible for their content, availability, privacy practices, products or services.
Please review their applicable terms and policies before entering into transactions with third parties.
13. Errors and Inaccuracies
Information on our website may occasionally contain typographical errors, inaccuracies or omissions relating to artwork descriptions, auction information, pricing, availability or shipping.
We reserve the right, subject to applicable law, to correct genuine errors and update inaccurate information.
14. Prohibited Uses
You may not use this website for unlawful activity, fraud, auction manipulation, infringement of intellectual-property rights, harassment, transmission of malicious software, unauthorized collection of personal information, interference with website security or other unlawful conduct.
We may restrict or terminate access where we reasonably believe these Terms have been violated.
15. Personal Information
Personal information submitted through our website is handled according to our Privacy Policy.
Payment information may also be processed by the payment providers available through our store according to their applicable privacy practices.
16. Availability of the Service
We do not guarantee that the website, auction platform or other online services will always operate without interruption or error.
If a technical problem materially affects an auction, we reserve the right, where reasonable and legally permitted, to pause, extend, reschedule or cancel the affected auction.
17. Limitation of Liability
To the maximum extent permitted by applicable law, Hamlet Shougrakpam Art will not be liable for indirect, incidental, special or consequential losses arising from use of the website or services where such liability may lawfully be excluded.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
18. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless Hamlet Shougrakpam Art from third-party claims arising from your unlawful use of the website, material breach of these Terms or violation of another person's rights.
19. Severability
If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the extent legally permissible or severed where necessary.
The remaining provisions will continue in effect.
20. Termination
We may restrict or terminate access to our services where permitted by law if you materially breach these Terms, engage in fraudulent or abusive conduct, manipulate an auction or interfere with the operation of the website.
Any obligations arising before termination, including valid payment obligations, may survive termination where legally applicable.
21. Entire Agreement
These Terms, together with our Privacy Policy, Shipping Policy, Refund Policy and other policies expressly incorporated into them, constitute the agreement governing your use of our website and services, subject to applicable law.
22. Governing Law
These Terms and any separate agreements through which we provide our services shall be governed by and construed in accordance with the applicable laws of India, subject to any mandatory consumer protections or jurisdictional rights that may apply.
23. Changes to These Terms
We may update these Terms from time to time by publishing a revised version on this website.
The current version of these Terms will always be available on this page.
24. Contact Information
Questions regarding these Terms of Service may be sent to: info@hamletshougrakpamart.com