Terms and Conditions for the Use of this Website and our Services
Effective Date: [14-07-2025]
Last Updated: [14-07-2025]
Website: www.harukaze.art
Owner Entity: Abiel Samson – Harukaze (Sole Proprietorship, India)
These Terms and Conditions (“Agreement”) govern your access and use of Harukaze’s website, services, and related content. By using this website and/or making a purchase, you agree to be legally bound by the terms set forth herein. If you do not agree, please refrain from using this website.
This Agreement is governed in accordance with the Information Technology Act, 2000, the Consumer Protection Act, 2019, applicable GST laws, and relevant contract law principles under the Indian Contract Act, 1872.
1. Definitions
- “Harukaze” refers to the owner/operator of this website
- “Customer” or “You” means any person placing an order or browsing the site
- “Artist” refers to independent creators affiliated with Harukaze under representation or consignment models
- “Product” or “Artwork” means any physical or digital item listed for sale on the platform
2. Eligibility
You must be:
- At least 18 years of age
- Capable of entering into legally binding contracts under Indian law
- Using your own payment method or having authorization to use it
Users under 18 may access the site only under parental or guardian supervision.
3. Nature of Service
Harukaze functions as an art marketplace and representation platform, connecting independent artists with customers.
Some artworks are sold on a representation model, where Harukaze sets the price and guarantees a payout to the artist. Others may follow a consignment or direct listing model.
All artworks are curated, subject to approval, and undergo inspection before reaching customers.
4. Product Listings & Pricing
- All prices are listed in Indian Rupees (INR) and are inclusive of GST where applicable.
- Prices are determined by Harukaze and may include markups based on curation, packaging, logistics, platform fee, and artist payout.
- Product images are for reference. Slight variation may occur due to monitor settings, lighting, and photography.
- We reserve the right to modify prices, withdraw listings, or update artwork details without prior notice.
5. GST and Compliance with Indian Taxation Laws
Harukaze complies with the Goods and Services Tax (GST) regulations of India. All transactions conducted through the platform are subject to applicable tax rates, and invoices generated will reflect such charges. By using this website, you agree to receive GST-compliant invoices for any purchases made.
6. Order Placement & Confirmation
- Orders are confirmed only after successful payment or COD verification.
- You will receive email or SMS confirmation for each stage: Order Received → Artist Shipping → Harukaze Inspection → Final Dispatch.
- We reserve the right to cancel an order for reasons including but not limited to:
- Unavailability of artwork
- Incomplete or fraudulent user information
- Delivery address unserviceable
- Non-verification of COD orders
7. Shipping, Delivery & COD
- Harukaze follows a two-stage shipping model:
- Artist sends the artwork to Harukaze for inspection
- Harukaze then repackages and ships to the final customer
- Delivery timelines: 5–10 working days (subject to artist location and courier partner)
- We are not liable for courier delays beyond our control, but we will assist actively with tracking
- COD is available selectively and may carry an additional fee. Verification via phone is required.
8. Returns, Refunds & Cancellations
- Returns and refunds are governed by our Return, Refund & Cancellation Policy .
- Orders cannot be returned unless damaged, incorrect, or defective.
- Refunds are issued only after inspection and acceptance of the return.
- Cancellations are accepted within 6 hours of order placement unless already shipped.
All refund processes are in line with the Consumer Protection (E-Commerce) Rules, 2020 and Indian Contract Act.
9. Customer Responsibilities
You agree to:
- Provide accurate shipping, contact, and payment information
- Accept delivery of products once dispatched
- Not misuse COD by refusing or delaying acceptance
Repeated refusal of COD or false claims may result in blacklisting or legal reporting under Section 66D of the IT Act (fraud via communication service).
10. Intellectual Property
- All content (text, images, artworks, logos) are protected under the Copyright Act, 1957
- Reproduction or misuse without permission is a legal offense
- Artists retain moral and copyright rights to their artwork unless explicitly transferred
11. Platform Rights
Harukaze reserves the right to:
- Modify or discontinue the website or services temporarily or permanently
- Reject or cancel any order at its sole discretion
- Blacklist abusive, fraudulent, or malicious users
12. Privacy & Data Security
Your privacy is important to us. Please read our Privacy Policy to understand how we collect, use, and protect your data under the Information Technology (Reasonable Security Practices and Procedures) Rules, 2011.
We do not share personal data with third parties except for payment, delivery, or legal compliance.
13. Governing Law & Jurisdiction
This Agreement is governed by the laws of India. Any dispute shall be subject to the jurisdiction of the Courts of Bangalore, India.
For cross-border sales (if any), international best practices under the UN Convention on Contracts for the International Sale of Goods (CISG) and ICC guidelines may be observed for dispute resolution.
14. Force Majeure
We are not liable for non-performance due to circumstances beyond our control, including natural disasters, strikes, war, pandemic, or governmental action.
Contact Information
For concerns, legal queries, or escalations:
📧 Email: Sam@Harukaze.Art / Harukaze.ArtOnline@gmail.com
📞 Phone: (+91) 9019472697
📍 Address: [Status Pending] North Bangalore, Bangalore, Karnataka, India
Harukaze is a sacred bridge between soul and space. Thank you for trusting us. Every transaction here is not just a purchase — it is a promise.