Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions ("Terms").
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean koshmart.com, its franchisor, affiliates and partners.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Koshmart.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Koshmart.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Koshmart.com cannot and will not be liable for any loss or damage arising from your failure to comply with this
The price you will pay for the goods is the price in the painting product page, the shopping cart page and email confirmation. Once the goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you.
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws.
All images on our site are either licensed or in the public domain because their copyright has expired. This applies to the United States, Canada, the European Union and those countries with a copyright term of life of the author plus 70 years.
However, our database contains more than 300,000 images and mistakes do happen! If you find any image that you believe to be under copyright protection, please CONTACT US IMMEDIATELY and the image will be removed. Koshmart.com respects copyright laws and any copyrighted image which is found in our database is immediately removed. In addition, faithful reproductions of two-dimensional original works cannot attract copyright in the U.S. according to the rule in Bridgeman Art Library vs. Corel Corp.
The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product.
All paintings listed as reproduction paintings are reproductions and cannot be passed off as the original painting.
Order Acceptance for Custom Orders
For custom order, you certify that you have the copyright rights necessary for reproduction of any pictures you provide (that the picture is in the public domain or that you have permission to reproduce it) and that you provide us the right to reproduce it.
Koshmart.com paints derivative works on customers’ behalf based on photographs provided by the customer or stock images of public domain masterpieces. Our paintings are not photographic reproductions and will differ from the original in size, signature, brushstrokes and other details. Responsibility to ensure that the image is in the public domain, use is within fair use provisions or that any copyright permissions required have been granted remains with the customer.
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Koshmart.com, its associates and partners on any property owned by Koshmart.com.
Koshmart.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
If you or Koshmart.com terminates your use of the Website or any Service, Koshmart.com may delete any content or other materials relating to your use of the Service and Koshmart.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
If you see charges on your credit/debit card for purchases made on Koshmart.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Koshmart to begin an investigation.
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Koshmart.com reserves the right to cancel all past, pending and future orders without any liability. Koshmart.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
Koshmart.com has endeavoured to ensure that all the information on the Website is correct, but Koshmart.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Koshmart.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; 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 Website or Service. Neither shall Koshmart.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Koshmart.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Koshmart.com's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
All copyrights and other intellectual property rights in the Website, the website url koshmart.com, including without limitation all software and written and graphical content included in the Website, are owned by Merckom Ltd., UK and are hereby reserved.
You agree to indemnify, defend and hold harmless Koshmart.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Koshmart.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.