Terms of service
Artify by Atharv — Terms & Conditions Last updated: 21.07.2026
1. Who we are; who you are contracting with. This website, artifybyatharv.in ("Site"), and the brand "Artify by Atharv" (the "Brand") are owned and operated by Poonam Saraf, an individual carrying on business as a sole proprietor trading as "Artify by Atharv" (the "Operator", "we", "us", "our"). The Operator is the sole legal seller, merchant of record, and contracting party for all sales and services on the Site. Where the Operator is in future reconstituted as a private limited company, limited liability partnership, or other registered entity, that successor entity shall be the "Operator" and these Terms shall continue to apply in its favour. The artwork sold on the Site is created by a young artist, Atharv, who is a minor. Atharv is the creative artist only. He is not the seller, is not a party to any contract formed through the Site, and assumes no contractual, commercial, or legal liability of any kind. All contracts are formed solely with the Operator (Poonam Saraf), an adult.
2. Acceptance of these Terms. By accessing the Site, creating an account, ticking the consent checkbox, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms together with our Privacy Policy, Cookie Policy, Refund, Return & Cancellation Policy, and Shipping & Delivery Policy, each incorporated here by reference. If you do not agree, do not use the Site.
3. Eligibility and age. To purchase, you must be at least 18 years old and legally capable of forming a binding contract under the Indian Contract Act, 1872. Under Section 11 of that Act, a person who is a minor is not competent to contract, and a minor's agreement is void. If you are under 18, you may use the Site only with the involvement of a parent or legal guardian who is 18 or older and who enters into the contract on your behalf and takes full responsibility for the order. We may refuse, suspend, or cancel any order or account at our discretion.
4. Products are made-to-order; nature of print-on-demand. Products (including t-shirts, hoodies, stickers, posters and art prints, and custom or bulk orders) are produced on demand through a third-party print-on-demand fulfilment partner after you place your order. Because each item is custom-produced for you: (a) Colour, print and finish may vary slightly from what appears on your screen, owing to screen calibration, printing processes, fabric dye lots, and the handmade/printed nature of the goods; (b) A measurement tolerance of up to ±0.5 inch on apparel is normal and is not a defect; (c) Items are not held in inventory and production begins shortly after order confirmation. These variations are inherent to the product and are not grounds for a change-of-mind refund (see our Refund, Return & Cancellation Policy).
5. Pricing, taxes and payment. All prices are listed in Indian Rupees (INR) and, unless stated otherwise, are inclusive of applicable taxes; international customers may additionally bear customs duties, import taxes, and fees (see Shipping & Delivery Policy). We operate a fulladvance-payment model: orders are produced only after payment is received in full. We may correct pricing errors and decline or cancel orders affected by an obvious error, refunding any amount paid. Payments are processed by third-party payment gateways; we do not store your full card or banking details.
6. Intellectual property — our original art. All artwork, designs, illustrations, graphics, logos, text, and other content on the Site are original works created by or for the Brand and are owned by or licensed to the Operator, and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other applicable laws. We sell only original artwork. You may not copy, reproduce, resell, redistribute, scrape, or create derivative works from any Brand content without our prior written permission. Purchasing a product grants you ownership of that physical item only — no intellectual-property rights in the design are transferred.
7. Allegations of infringement; respect for third-party rights. We respect the intellectual property of others and expect users to do the same. If you believe any content on the Site infringes your rights, follow our Intellectual Property & Copyright (Notice-and-Takedown) Policy. We will act on valid complaints and may remove content and terminate repeat infringers.
8. Custom and user-submitted designs. If you submit artwork, text, images, or instructions for a custom or bulk order, you represent and warrant that you own or are licensed to use that material and that it does not infringe any third party's intellectual property, privacy, or publicity rights, and is not unlawful, defamatory, or obscene. You agree to indemnify the Operator against any claim arising from material you supply. We may refuse any custom request at our discretion.
9. Acceptable use. Your use of the Site is also governed by our Acceptable Use Policy. You must not misuse the Site, interfere with its operation, attempt unauthorised access, or use it for any unlawful purpose.
10. User content and reviews. Any review, comment, photo, or other content you submit is governed by our User-Generated Content & Reviews Policy, including the licence you grant us to use it.
11. Disclaimers — "as is". The Site and products are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except for warranties that cannot be excluded under applicable consumer law (including the Consumer Protection Act, 2019). Nothing in these Terms limits your non-excludable statutory rights as a consumer.
12. Limitation of liability. To the maximum extent permitted by law, the Operator's total aggregate liability arising out of or relating to any order, the Site, or these Terms shall not exceed the amount you actually paid for the product giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profit, data, goodwill, or reputation. For the avoidance of doubt, the artist Atharv (a minor) bears no liability whatsoever; any and all liability rests solely with the Operator and is subject to this limitation.
13. Indemnity. You agree to indemnify, defend, and hold harmless the Operator, and her successors, assigns, agents, and fulfilment partners, and the artist, from and against any claims, damages, losses, liabilities, and costs (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Site, or any content or instructions you supply.
14. Third-party services and links. Order fulfilment, payments, shipping, and analytics are performed by third parties. The Site may link to third-party sites. We are not responsible for the content, policies, or practices of third parties.
15. Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, extreme weather, epidemics, strikes, riots, war, governmental action, courier or supplier failures, power or internet outages, or other force majeure events.
16. Termination. We may suspend or terminate your access or any order at any time for breach of these Terms or where required by law.
17. Governing law and jurisdiction. These Terms are governed by the laws of India. Subject to clause 18, the courts at Kolkata, India shall have exclusive jurisdiction.
18. Dispute resolution / arbitration. The parties shall first attempt to resolve any dispute amicably through our Grievance Officer. Failing resolution within 30 days, any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration by a sole arbitrator under the Arbitration and Conciliation Act, 1996; the seat and venue of arbitration shall be Kolkata, India, and the proceedings shall be conducted in English. Nothing in this clause prevents a consumer from pursuing remedies available under the Consumer Protection Act, 2019.
19. Severability; entire agreement; waiver. If any provision is held invalid, the remaining provisions continue in effect. These Terms, together with the policies incorporated by reference, constitute the entire agreement between you and the Operator. Our failure to enforce any right is not a waiver.
20. Changes to these Terms. We may modify these Terms at any time by posting the updated version on the Site with a new "Last updated" date. Your continued use after changes constitutes acceptance.
21. Grievance Officer and contact (mandatory disclosure — Consumer Protection (ECommerce) Rules, 2020).
Legal name of seller / Operator: Poonam Saraf, operator of "Artify by Atharv"
Grievance Officer: Poonam Saraf
Email: saraf.poonam.84@gmail.com
Phone / WhatsApp: +91 82829 60497
Country: India · Jurisdiction: Kolkata, India
Website: artifybyatharv.in
The Grievance Officer acknowledges every consumer complaint within 48 hours and redresses it within one month of receipt, as required by Rule 4(5) of the Consumer Protection (E-Commerce) Rules, 2020.
Artify by Atharv — IP & Copyright (Notice-and-Takedown) Policy Last updated: 21.07.2026
1. Our original art. All designs sold by the Brand are original works created by or for the Brand and owned by/licensed to the Operator, protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and applicable international law. We sell only original artwork and do not knowingly sell, reproduce, or distribute artwork that infringes any third party's intellectualproperty rights.
2. Protecting our work. Unauthorised copying, reproduction, resale, or creation of derivative works from Brand designs is prohibited and may be pursued under copyright and trademark law and, where hosted on third-party platforms, via notice-and-takedown procedures.
3. If you believe content here infringes your rights (takedown notice). Send a written notice to our designated contact below that includes, substantially, the six elements recognised under 17 U.S.C. §512(c)(3) (and useful under Indian law too): (i) your physical or electronic signature (use your full legal name; if acting as agent, state your authority); (ii) identification of the copyrighted/owned work allegedly infringed; (iii) identification of the allegedly infringing material and information sufficient to locate it (exact URL(s)); (iv) your contact information (name, address, phone, email); (v) a good-faith statement that the use is not authorised by the owner, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information is accurate and you are authorised to act. Note: knowingly making a material misrepresentation may make you liable for damages (cf. 17 U.S.C. §512(f)).
4. What we do on receiving a valid notice. We will act expeditiously to remove or disable the identified material, notify the affected user/seller where applicable, and keep a record. We maintain a policy of terminating, in appropriate cases, the accounts of repeat infringers.
5. Counter-notice. If your content was removed and you believe this was a mistake or misidentification, you may submit a counter-notice including: your signature; identification of the removed material and its prior location; a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; and your contact details and consent to jurisdiction. Where the originating complaint was under the US DMCA, restored access generally follows within 10–14 business days unless the complainant files suit.
6. Designated contact. Poonam Saraf, "Artify by Atharv" — saraf.poonam.84@gmail.com, +91 82829 60497, India. (If you later host significant US user content, consider registering a DMCA agent with the U.S. Copyright Office.)
Artify by Atharv — Disclaimer Last updated: 21.07.2026
Handmade / printed nature & colour variation. Designs are hand-drawn originals reproduced via print-on-demand. Colours, print placement, and finish may differ slightly from on-screen images due to screen settings, printing, and materials. Such variation, and an apparel measurement tolerance of up to ±0.5 inch, are normal and not defects.
No professional advice. Content on the Site is for general information only and is not professional, legal, medical, or financial advice.
Third-party links. The Site may link to third-party websites and services. We do not control and are not responsible for their content, products, or privacy practices; access them at your own risk.
"As is". The Site and products are provided "as is" and "as available" to the extent permitted by law (see Terms, clauses 11–12). Nothing here limits your non-excludable consumer rights.
Artify by Atharv — Acceptable Use Policy Last updated: 21.07.2026
You agree not to: (a) use the Site for any unlawful, fraudulent, or harmful purpose; (b) infringe any intellectual-property, privacy, or publicity rights; (c) upload or submit content that is infringing, defamatory, obscene, hateful, harassing, or otherwise unlawful; (d) submit customdesign material you do not own or have no right to use; (e) attempt to gain unauthorised access to the Site, its accounts, or systems, or introduce malware; (f) scrape, data-mine, copy, or harvest content or our original artwork; (g) interfere with the Site's operation or security; or (h) impersonate any person or misuse the Brand's or the artist's name, image, or marks. We may remove content, suspend or terminate accounts, cancel orders, and report unlawful activity.
Violations may also breach the Information Technology Act, 2000.
Artify by Atharv — User-Generated Content & Reviews Policy Last updated: 21.07.2026
1. Your content. "User content" includes reviews, ratings, comments, photos, and other material you submit. You are solely responsible for your user content and must have all necessary rights to submit it.
2. Rules. User content must be honest, your own experience, and must not be false, misleading, defamatory, infringing, obscene, hateful, or unlawful. Fake reviews and posing as another consumer are prohibited (and are unfair trade practices under the Consumer Protection Act, 2019). Do not post others' personal data without consent.
3. Licence you grant us. By submitting user content you grant the Operator a non-exclusive, royalty-free, worldwide, transferable licence to use, reproduce, display, adapt, and publish that content for marketing and operating the Brand, with attribution where reasonable. You waive moral-rights claims to the extent permitted by law. You may ask us to remove your content at any time.
4. Moderation. We may (but are not obliged to) review, edit, refuse, or remove user content at our discretion, and are not liable for user content posted by others. Third-party statements in reviews are the views of their authors, not the Operator.
5. Protection of the Brand and the artist. You may not use the Brand's name/marks, or the artist's name, image, or likeness, in your content or elsewhere without our prior written consent. Unauthorised commercial or misleading use may be actionable under the Trade Marks Act, 1999, the Copyright Act, 1957, personality/publicity-rights principles, and defamation law.
Artify by Atharv — About the Artist / Minor Protection & Likeness Notice Last updated:
[DATE]
1. The artist is a minor. "Artify by Atharv" showcases the original artwork of Atharv, a young artist who is a minor (currently 12 years old). Atharv is the creative artist only.
2. Who runs the business and bears responsibility. The Brand is owned and operated by Poonam Saraf, Atharv's parent/legal guardian, as the sole proprietor and legal Operator. All sales, contracts, payments, customer obligations, and legal responsibilities rest solely with the Operator (an adult). Atharv is not the seller, is not a party to any contract, and bears no commercial or legal liability. This reflects Indian law: under Section 11 of the Indian Contract Act, 1872 a minor is not competent to contract, and per Mohori Bibee v Dharmodas Ghose (1903) a minor's contract is void. The guardian therefore contracts on the Brand's behalf.
3. The child's name, image, and likeness. Atharv's name, image, voice, artwork credit, and likeness are used only with the consent and under the control of his guardian, the Operator. No third party may use, reproduce, publish, or commercially exploit the artist's name, image, or likeness without the Operator's prior written consent. Unauthorised use may infringe personality/publicity rights and be actionable under the Trade Marks Act, 1999, the
Copyright Act, 1957, and applicable privacy/defamation law (and, for misuse of images Sections 66D/66E of the IT Act, 2000).
4. The child's data. Consistent with the Digital Personal Data Protection Act, 2023, the artist's personal data is managed exclusively by his guardian. We do not invite or collect personal data from child customers without verifiable parental consent, and we do not track, profile, or target advertising at children (see Privacy Policy, clause 9).
5. Media and press. Media enquiries must be directed to the Operator. The Operator does not authorise interviews, photography, or commercial features involving the minor without guardian consent. The Brand disclaims responsibility for third-party statements about the artist or Brand.