Terms and Conditions of Use

 

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Customer(s)”, “Buyer(s)”, "Client", “You” and “Your” refers to you, the person accessing/using this website(http://everestgallery.com and https://www.facebook.com/EverestArtGallery), (jointly, the “Websites”) and accepting the Company’s terms and conditions of access and use of and all services provided by Everest Art Gallery via the Websites (jointly, the “Services”). “Everest Art Gallery”, “www.everestgallery.com”, "The Company", “Ourselves”, “We” and "Us", refers to our Company, “Everest Art Gallery Pvt. Ltd”.  “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Nepal Government Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 Availability  

Unless otherwise stated, the service featured on this website is available worldwide to anyone having internet access. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

 While creating the customer account

In order to make an order or purchase any products you need to register or create a customer account by providing certain truthful information about you. You can create an account by Log in/Register button located at the top right corner of the website. You can also edit your personal information by logging into your personal page.

It is your responsibility to protect your login information and password from any unauthorized use and liable for all the activities that occur on your account (including without limitation financial obligations) . We are not responsible for any kind of loss or damage cause due your negligence or your failure to protect your login and password.

We have the right to terminate or suspend your access to or use of our website or service, or terminate your account, for any reason and at anytime, with or without prior notice

Ordering policy

Placing an order

  • Please make your order carefully and make sure you have placed the order for the right product/good and right quantity and the correct billing and delivery address. If any changes required, please let us know before your order are dispatched. Once the shipment is dispatched we won´t be liable for any changes required in your order.
  • We reserve the right to cancel any order without any notification to the customer (s).
  • Buyers/customers can also order manually via email at everest@artgalley.wlink.com.np Please mention “Order Enquiry” as your email subject.
  • Price of the products may be changed time to time without any prior notice.

Product Conditions

  • Slight variation and irregularities in size, colour, weight, design is expected in the final or original products as compared to the pictures and information provided in our website.

Agreement

  • Placing an order or purchasing any products from us makes you agree to our terms and conditions automatically 

Payment Policy

  • Payments can be made via PayPal. If you have an email address and a credit card or bank account, you can use PayPal to pay. Your bank and credit card information are not revealed to other members (Please read our privacy policy for further details) Payment made through PayPal are referred to the terms and conditions mentioned in Paypal website.
  • Payment can be made through wire transfer or e-banking.( Bank detail will be send to you via email upon the receipt of your order)Please enquire for the products of your interest and we shall let you know the bank details.
  • Buyers have to pay any charges incurred while transferring the payment amount.Buyers will be responsible for the custom charges and taxes paid while receiving the shipments.
  • Products will be delivered only after receiving the cleared payment or confirmation of the payment.

Shipping Policy

  1. Nominal fee of Rs 500/- would be charged to deliver products inside Kathmandu Valley, Nepal. It would cost RS 1000/- for the delivery of products outside the Kathmandu valley, Nepal
  2. We will ship within 4-6 business days of receiving cleared payment according to the type and availability of the product.
  3. We ship worldwide and the Home delivery shipments shall be done via ARAMEX. Shipment will be delivered usually within 5-7 days from the date of delivery however, may delay depending on the Custom Clearance & local transportation time. Please be patient and contact us for any inconvenience. Shipments can be tracked via courier company website. We will send you the tracking number via email.
  4. For products arts,- paintings will be packed securely rolled in a tube for delivery, unless specified.
  5. We kindly request our customers to place all of their orders in one single order as orders made separately will be considered as two different orders with different Order ID and therefore, with two separate shipment cost. We suggest you to place all your purchasing in one order as the shipping cost of combined product will be relatively economical.
  6. Handling and packaging cost are included in the shipping fee which is fixed; however, the transportation cost depends upon the weight of the total package.
  7. Shipping cost/price can be changed (as per the shipping company) without prior notice

Delays

For any kind of problems occurs while processing your order  (in terms of production failures, production delays or shipment delays) we will contact you either by telephone or email.
If your goods/products or your order do not arrive within the specified date, please contact us by

phone: +4528433464, +9779841549384

email: everest@artgallery.wlink.com.np

 Cancellation, Refund and Exchange Policy

  • If you want to return the goods purchased, please contact us within 7 days from the date of receiving the goods. Please mention the reason and the cause for returning the goods along with some evidence of dissatisfaction or displeasure from the product. 
  • Upon the satisfied reason and proof of dissatisfaction from the products delivered, we  will decide whether to refund or exchange the products. Depending upon the nature of products and the mutual understanding between both parties( buyer and Everest Art Gallery), we will either exchange the product and re-send it to you or we will refund the money to the buyer as soon as we receive product bought by the buyer provided that product(s) is/are returned in good or original condition.
  • The amount of money refunded will be excluding the shipment cost and buyers pays the return shipment charge as well. Shipment cost while re-sending the product will be covered by Everest Art Gallery.
  • It is buyers responsible to deliver the returned goods safe and securely. Any lost or damage of the return products on delivery must be claimed with the involved shipping company. Therefore, we won´t be liable for the lost or damage of the products returned. 
  • Any returned products/goods sent without our approval or permission will not be accepted. Please send the returned products/goods only after its approval or authorization and it must be in its original packaging.
  • If you would like to cancel the order please contact us before order are dispatched. 70% of the paid amount will be refunded excluding the process handling charge( 30% of total amount paid). Once goods are dispatched order cannot be cancelled.

 

LogFiles
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Links to website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

 Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in Nepal. The brand names and specific services of this Company featured on this web site are trademarked.

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

 This company is registered in Nepal Government with registration No. 22841/1241

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Nepal govern these terms and conditions. By accessing this website and using our services/buying our products you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Disclaimer

Exclusion and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

 

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.   

© Everest Art Gallery 2014 All Rights Reserved