Terms and Conditions

Introduction:

Usage of or access to this website, i.e. “http://ibastudio.com” and its subdomains, or any services offered therein, is subject to the following Terms and Conditions. If you disagree to any of these Terms and Conditions or are legally not capable of entering into agreements, then you have no right to use, visit or access this website in any manner.

The following Terms and Conditions(hereinafter referred to as “Terms”) is a legally binding agreement made between Iba Arts and crafts, a licensed brand of Deccan Designs (India) Pvt. Ltd., a private limited company headquartered in No. 4, 7th Avenue Harrington Road, Chetpet, Chennai, India 600031 and with a branch office at No. 12/55, 8th Cross Street, Shenoy Nagar West, Chennai, India 600030(hereinafter referred to as “Iba”);

And you, a person of minimum 18 years of age, or a company, or a trust, or any other entity capable of entering into legal agreements(hereinafter referred to as “You” which term subject to the context so permits or requires shall mean and include his legal heirs, legal representatives, executors, administrators and permitted assigns); intending to access “http://ibastudio.com” or its subdomains(hereinafter collectively referred to as “Iba’s Website”) in order to make use of any of Iba’s services.

“http://ibastudio.com” and its subdomains are owned and operated by Deccan Designs (India) Pvt. Ltd.

Definitions:

  • Account Details: A user account and password, consisting of the respective user’s details used for billing, shipping, preferences and communication.
  • Annexures: Annexures to these Terms, i.e. Iba’s Privacy Policy(available here)
  • Payment Facilitators: The collective grouping of the Payment Gateways, Card Associations, Banks and any other entities required to facilitate online payments.
  • Payment Chain: The chain of websites starting at Iba’s Website and linking through various Payment Facilitators and finally ending at Iba’s Website in order for details of the payment to be received by Iba.

Terms and Conditions:

      1. You agree that the “titles” or “headings” used for these Terms are added only for convenience and that the underlying Terms will supersede any meaning inferred from these “titles” or “headings”.
      2. Eligibility
        1. In order to use, visit, access Iba’s Website and/or its services, you represent and warrant the following:
          1. That you are 18 years of age or above.
          2. That you are capable of entering into Legal Agreements.
          3. That if you accept or agree to these Terms on behalf of a company or other legal entity, then you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
        2. Iba retains the right to assign or transfer these Terms, at its sole discretion, without restrictions.
          1. You agree that these Terms cannot be assigned or transferred by you without Iba’s explicit written consent.
      3. Changes
        1. You agree that in the future, Iba may change these Terms at its discretion without prior notice. You agree to check Iba’s Website for the then latest Terms before you continue to use any of Iba’s services.
        2. You agree to immediately cease to use Iba’s Website and/or services if you are dissatisfied with any changes to these Terms.
        3. You agree that the Terms available on Iba’s Website at the time of your order being placed, are the Terms that you will be bound by for that respective order, regardless of the Terms being changed during the course of the shipment of your order.
      4. Registration and Account
        1. In order to make purchases or to be informed of Iba’s services and/or activities, you will be required to provide information about yourself in order to create an account with an associated password. These are your Account Details.
        2. You agree that your Account Details are subject to Iba’s Privacy Policy(available here).
        3. You represent and warrant that the Account Details you provide is accurate and complete.
        4. You agree that Iba reserves the right to cancel your order and/or your Account if your Account Details are found to be incorrect, fraudulent or incomplete. You also agree that Iba also reserves the right to cancel your order and/or your Account if you are found to be in violation of any of these Terms.
        5. You agree to keep Iba indemnified from any loss or damage that may occur due to your Account Details.
        6. You agree that it is your responsibility to choose a password that cannot be guessed by any third party with public or private information relating to you.
        7. You agree that it is your responsibility to safeguard your Account Details and its associated password.
        8. You agree that in the event that you reveal your password to any third party(whether knowingly or otherwise), any action taken by such third party with your Account Details will be deemed to be actions taken by you. And the entirety of these Terms would apply as they would, if you yourself had taken those actions.
        9. You agree that in the event that you suspect any fraudulent or unauthorized use of your account by any third party, you will immediately notify Iba. Iba will take reasonable efforts to block such use within 48 hours of your notice.
        10. You agree to keep Iba indemnified against any loss or damage that may occur due to security lapses on your part with respect to your Account Details.
      5. Returns or Refunds
        1. You agree that Iba will accept returns or offer refunds for any product you have purchased from Iba, ONLY in the circumstances explicitly listed below:
          1. When you have purchased shipping insurance or availed free shipping insurance if provided by Iba for the product, and during the course of shipment the product suffers complete and irreparable damage; then Iba will coordinate with the Shipper to offer a full refund of the amount you have paid for the product.
          2. When you have purchased shipping insurance or availed free shipping insurance if provided by Iba for the product, and during the course of shipment the product suffers partial damage, wherein such partial damage is sufficient to render the product worthless; then Iba will coordinate with the Shipper to offer a full refund of the amount you have paid for the product.
          3. When you have purchased shipping insurance or availed free shipping insurance if provided by Iba for the product, and during the course of shipment the product suffers partial damage, wherein such partial damage is repairable; then Iba will coordinate with the Shipper to either offer a partial refund for the reasonable cost of repair or will replace the partially damaged section of the product, at Iba’s sole discretion.
          4. When due to a technical error the product is no longer available or salable; then Iba will offer a full refund of the amount you have paid for the product.
          5. When a completely different product, one that you haven’t purchased, is incorrectly dispatched to you; then Iba will replace the incorrect dispatched product with the one you originally chose. In case the product you originally chose in then unavailable, Iba will offer a full refund of the amount you have paid for the original product. Subject to the conditions that:
            1. You provide clear and unedited photos of the incorrectly dispatched product within 48 hours of receiving the product.
            2. You will cooperate to return the incorrectly dispatched product being collected by the Shipper for shipment back to Iba.
              1. In the event that you the incorrectly dispatched product from being collected, you agree that Iba will have the right to recover the product and/or claim damages in any manner whatsoever.
        2. You agree that Iba will NOT accept returns or offer refunds for any product you have purchased from Iba, under any circumstances including, but not limited to, the circumstances listed below:
          1. When during the course of shipment the packaging sustains partial or complete damage but the product remains intact.
          2. When you haven’t purchased shipping insurance or Iba does not provide free shipping insurance for the product you have purchased; and during the course of shipment the product sustains partial or complete damage.
        3. You agree that in case you want to request a refund or return, you must alert Iba of your complaint within 48hours of receiving the product. You also agree to provide clear and unedited photos as proof of your claim.
        4. You agree that alerting Iba of your claim does not automatically constitute an acceptance by Iba of said claim.
        5. You agree that Iba may take upto 7 business days to process your refund/return request.
      6. Cancellations
        1. Iba accepts requests for cancellation of orders upto 24 hours from the order being placed on Iba’s Website.
        2. You agree that:
          1. No cancellation request will be accepted beyond 24 hours from the order being placed.
          2. Iba will take upto 3 business days to approve your cancellation request.
          3. Iba will deduct a cancellation fee of 3.5% of the total order amount before any refund is offered to you.
        3. You agree that Iba reserves the right to cancel any order, if Iba has suspicion that such order may cause a loss or damage to Iba and/or its associated members, employees, directors, artists or sellers.
          1. In case of such cancellation, Iba will not charge a cancellation fee for the order.
      7. Mode of Refunds
        1. If a request for a partial/complete refund has been accepted by Iba, with or without any deductions, then you may choose your mode of refund from the 2 options below:
          1. Exchange for another product of your choice which is of the same or lesser value[inclusive of taxes, insurance and shipping charges, if any].
          2. Crediting of the refund value, through the Payment Facilitators, to the Bank Account/Debit Card/Credit Card/etc you used to make the original payment.
            1. In the event of the Payment Facilitators being unable to process the refund, Iba, at its own discretion, will transfer the refund value to you via NEFT/RTGS/Cheque/etc.
        2. You agree that if you choose to have your refund credited to your payment source account, Iba may take an extra 3 business days to process your refund.
        3. Although Iba will take reasonable steps to expedite your refund, you agree to not hold Iba responsible for any delays to your refunds caused by the Payment Facilitators.
      8. Purchase and Delivery
        1. You agree that when you make a purchase on Iba’s Website, you will provide your correct and true delivery address to which the products will be delivered.
        2. You agree that in the event of the delivery being unfulfilled due to incorrect or insufficient details provided by you; you will bear the Shipper’s fees associated with the delivery address correction, late delivery charges, demurrage and any/all other charges that are incidental to the incorrect details provided by you. You also agree to keep Iba indemnified against any claim from the Shipper in case of such event.
        3. You agree that Iba will, at its sole discretion, dispatch the products you have purchased in single or multiple shipments.
        4. You agree that deliveries may take upto 14 business days, not including the 24 hour cancellation period, to complete.
        5. You agree that you will verify the tentative date(s) of delivery on the relevant Shipper’s website using the Shipment Tracking Number that Iba will provide; and make yourself available at the delivery address on that date(s) or fix a mutually convenient date(s) with the Shipper for the delivery.
        6. You agree that the Shipper will only make a certain number of attempts to delivery the products to your delivery address, the terms of which may be viewed on the relevant Shipper’s website, beyond which you may be charged additional fees by the Shipper in order to receive your products. You also agree to keep Iba indemnified against any claim from the Shipper in case of such event.
      9. Insurance
        1. Iba strongly recommends that shipping insurance be purchased for all products purchased. However, in circumstances where Iba does NOT offer free shipping insurance, the choice is left to you to purchase shipping insurance from Iba’s Website or arrange shipping insurance from a third party.
        2. You agree that:
          1. Insurance, of any kind, is not included in any price listed on Iba’s Website unless explicitly stated to include such insurance.
          2. In the event that you haven’t purchased or arranged for shipping insurance, any loss and/or damage to products during their shipment will be borne by you.
          3. You will not make any claim against Iba, under any circumstances, for any loss and/or damage during shipment of your product. You also agree to keep Iba indemnified against any claim for such loss and/or damage from any third party.
      10. Pricing
        1. You agree that the prices displayed on various pages of Iba’s Website are exclusive of duties, taxes, shipping, insurance and other charges unless explicitly stated to include the said items.
        2. You agree that Iba will only collect duties, taxes and other statutory levies from you for which Iba is required, by law, to collect.
        3. You agree that Iba has no obligation to discharge any liability imposed on you by any statutory body. You agree that you are solely responsible for complying with laws imposed on you.
        4. You agree to provide any proofs and/or documents to Iba when such items are required, by law, for Iba to fully and/or optimally comply with applicable laws.
        5. You agree that the products you have selected will not be dispatched until the entirety of your payment is acknowledged to have been received by the respective Payment Facilitators.
      11. Discripancies
        1. You agree that variations in color, perspective and/or others may arise between the product you have viewed on Iba’s Website and the product you receive after purchase; due to differences between various computer monitors, operating systems, image viewing programs, gallery lighting and so on.
        2. You agree that if such discrepancies are noticed in the product dispatched to you, you shall not request/demand a return/refund under the “Returns or Refunds” section of these Terms by labeling such discrepancies as a “completely different product”.
        3. You agree that Iba shall not entertain any claims with regards to any such discrepancies.
      12. Copyrights
        1. You agree that the various images, logos, text, trademarks and any/all other intellectual properties displayed on Iba’s Website belong to either Iba, the artist/author of the respective product displayed or other third parties as the case may be.
        2. You agree that purchase of any product listed on Iba’s Website does not grant you any rights over the copyrights/intellectual property rights of the respective product.
        3. You agree that your usage of Iba’s Website or services does not grant you any rights by implication or otherwise over any images, logos, text, trademarks and any/all other intellectual properties displayed on Iba’s Website.
        4. You agree not to hide or remove or attempt to hide or attempt to remove any copyright, trademark and/or any other Intellectual Property rights notices from any images, logos, text or any other content on Iba’s Website.
      13. Third Party Links
        1. You agree that Iba is not in any way responsible or liable for any content published on Third Party Websites that maybe be linked to on Iba’s Website. You also agree that Iba will not be liable for any loss or damage that occurs from the usage of such Third Party Websites.
        2. You agree to abide by the Terms and Conditions of such Third Party Websites; and in the event that you violate the Terms and Conditions of such Third Party Website, Iba will in no way be a party to your actions; and all liabilities for losses and/or damages to the Third Party Website will be solely borne by you.
      14. Account Termination
        1. You agree that Iba reserves the right to your usage/access of Iba’s Website; and Iba can, at anytime, without prior notice, terminate your Account and/or your access to Iba’s Website.
        2. You agree in the event of your Account and/or access to Iba’s Website being terminated, Iba is not required to provide you a cause or explanation for the same.
        3. You agree that in the event of your account and/or usage of Iba’s Website being terminated due to your violation of any of these Terms or any law in force:
          1. You will still be liable for any losses or damages you may have caused during your usage of Iba’s Website.
          2. Your outstanding order, whether paid or unpaid, shall also be cancelled and any expenses including but not limited to, legal costs, transaction costs, shipping charges and insurance charges, borne by Iba in respect of your outstanding order shall be deducted before the remaining amount, if any, shall be returned to you.
            1. In the event that amounts from your outstanding order is insufficient to cover any expenses borne by Iba in respect of such outstanding order, then you will be liable to reimburse Iba for the same within 15 days.
      15. Disclaimers
        1. No communication received from Iba, whether in writing or orally, shall create any warranty, whether express or implied. Iba also disclaims any warranty of merchantability or fitness of the services for a particular purpose.
        2. Iba will constantly make changes and/or add updates to various portions of the website and Iba is in no way required to give prior notice of such changes and/or updates. It is your responsibility to verify these changes and/or updates to Iba’s Website before continuing to use Iba’s services.
        3. These Terms serve as the exclusive agreement between you and Iba with regards to Iba’s Website and Iba’s services; and these Terms supersede any prior written or oral agreement you may have had with Iba with regards to Iba’s Website and Iba’s services.
        4. Iba does not warrant that Iba’s Website and/or services
          1. Are reliable and free from typographical, programming or any other errors.
          2. Will be uninterrupted and free from stoppages and disruptions of any kind.
          3. Will be secure and free from any virus, worm or any other malicious code.
        5. Although Iba will take utmost care to hand select Artists whose works and ethics are reputed and are likely to be genuine; Iba does not guarantee that any product listed on Iba’s Website is genuine, original and/or free from any unauthorized copies or duplicates. Iba disclaims any/all liability in such events.
          1. However, Iba will take reasonable efforts to mediate between you and the respective Artist/Seller in order to find a mutual solution. In the event that such mediation were to fail, Iba’s will provide you with the available contact details of the respective Artist/Seller in order for you to pursue the matter directly.
        6. Iba, being merely the consignor of the products during shipment, has no control over the affairs of the Shipper, and therefore does not warrant that the Shipper’s service will be reliable, timely or safe. Iba disclaims any/all liability due to the shipment of the product.
          1. However, this does not prevent you from availing any remedy explicitly stated to be available to you in the “Returns or Refunds” section of these Terms.
        7. Iba avails the services of various Payment Facilitators in order for you to make purchases online. You will be redirected to their respective websites, which are governed by their own Terms and Conditions(which may be found on their respective websites), depending on the payment option you choose, in order for you to complete your payment. Iba has no controls over the affairs of these Payment Facilitators and therefore does not warrant that:
          1. The Payment Facilitators’ website and/or services will be secure, safe, free from virus or any other malicious code.
          2. The Payment Facilitators’ website and/or services will uninterrupted and free from any stoppages and disruptions of any kind.
          3. Vital transaction data, required for your payment to be considered successful, will be successfully passed on from one Payment Facilitator to the next Payment Facilitator in the Payment Chain, without disruptions or errors.
          4. The Payment Facilitators would confirm the receipt of your payment in a timely manner.
          5. The transaction confirmation ID generated by the Payment Facilitators upon successful payment is accurate, complete and free from any errors.
          6. The Payment Facilitators’ websites and services won’t be penetrated by unauthorized persons with any intention including but not limited to theft or misuse of your data, if any, stored on the Payment Facilitators’ servers.
        8. Iba will not be liable for any loss or damage, of any kind, arising out of any problems or breach of obligations outside of Iba’s reasonable power or control including but not limited to:
          1. Disruptions, technical glitches, errors, virus, hacking or vandalism of Iba’s website.
          2. Disruptions, technical glitches, errors, virus, hacking or vandalism of Iba’s web hosting providers, phone service providers and/or internet service providers.
          3. Force majeure events including but not limited to such as natural calamities, extreme weather, war, strikes and bandhs.
        9. Iba will not, under any circumstances, be liable for any special, incidental, indirect or consequential damage or loss, of any kind, arising our of your access to Iba’s Website and/or use of Iba’s services.
      16. Indemnity
        1. You agree to indemnify Iba, its employees, directors, officers and agents against any claim or demand, including legal costs incurred, that arises due to:
          1. Usage of Iba’s Website or services or Third Party Websites that may be linked to on Iba’s Website, by you or anyone with authorized or unauthorized access to your computer or account.
          2. Violation of any of these Terms or the Terms and Conditions of Third Party websites linked on Iba’s Website by you or anyone with authorized or unauthorized access to your computer or account.
          3. Infringement of any rights of Iba or any Third Party by you or anyone with authorized or unauthorized access to your computer or account.
      17. Usage Restrictions
        1. You agree NOT to perform or attempt to perform or assist, encourage or instigate anyone else to perform any of the following actions unless you have Iba’s explicit written permission to do so:
          1. To copy, reproduce, plagiarize, distribute or in any way exploit, commercially or otherwise, any of the products displayed on Iba’s Website.
          2. To data mine or otherwise copy any/all of the content available on Iba’s Website, for any purpose including but not limited to creating a database of Artists and/or products.
          3. To mirror or otherwise display Iba’s Website or any part of it on any other website.
          4. To remove any copyright, trademark or other notices contained on Iba’s Website or any section of it, in the event that you download, either knowingly or unknowingly, any material from Iba’s Website.
          5. To obscure credit to Iba and/or its respective Artists/Sellers in the event that you share or post material found on Iba’s Website on other websites, including social networking sites.
          6. To harm the interests or assets of Iba and/or its associated members, artists and/or sellers.
          7. To bypass, tamper, breach, circumvent, damage or in any other way violate or attempt to violate security measures implemented on Iba’s Website.
          8. To access or attempt to access restricted areas of Iba’s Website.
          9. To forge, tamper, intercept or attempt to intercept, communications and data transfers between Iba’s Website, Iba’s Payment Facilitators and users of Iba’s Website(including yourself).
          10. To inject packets, forge or attempt to forge any TCP/IP packet header or any part thereof.
          11. To take offline or crash Iba’s Website or its services, or the services of its Web Hosting provider by means including but not limited to DOS and/or DDOS attacks.
          12. To send or attempt to send any unauthorized email, spam or any other promotional or offensive material to Iba, users of Iba and/or Third Parties.
          13. To interfere or tamper with the access, or login to Accounts belonging to any other user of Iba by methods including but not limited to packet sniffing, phishing, and/or spamming.
          14. To login to Accounts belonging to other users of Iba.
          15. To take or attempt any action that will cause damage or harm to Iba, users of Iba, Iba’s Payment Facilitators and/or Third Parties.
          16. To impersonate another user or associate of another user or representative of another user of Iba or any Third Party.
          17. To impersonate any third party or associate of any third party or representative of any third party.
          18. To impersonate any member, employee, director or associate of Iba.
          19. To reverse engineer any of the software used on Iba’s Website.
          20. To violate any law in force.
      18. Limitation of Liability
        1. Under any circumstance, the total aggregate liability of Iba from any claim, including proven claims or demands, of any nature, shall not exceed either the value of the product(s) you have purchased, from which such dispute, claim or demand has risen or INR. 50,000/- whichever is lower.
      19. Severability
        1. Each clause and sub clause of these Terms and its associated annexures shall be interpreted as severable and shall not, in any way, affect any of the other clauses or sub clauses.
        2. If any clause or sub clause, in whole or in part, is at any time held by any competent jurisdiction to be void, invalid or unenforceable, then such clause or sub clause shall apply with minimal changes, to the extent necessary, to once again make it valid.
          1. If such changes are not sufficient to make such clause or sub clause valid, then such clause or sub clause shall be substituted with new a clause or sub clause which reflect the intent of the clause or sub clause substituted.
        3. In case of any changes or substitutions of clause or sub clause as stated above, the remaining clauses and sub clauses of these Terms shall still be valid and binding.
        4. The failure to exercise, or a delay in exercising, subject to the various laws in force and deadlines mentioned in these Terms, any right or remedy under these Terms, shall not be interpreted as a waiver of such right or remedy, unless explicitly stated in writing to be a waiver.
          1. And any non-exercise or partial exercise of any right or remedy under these Terms shall not prevent exercise of any other rights or remedies under these Terms or future exercise of the same right or remedy under these Terms.
      20. Jurisdiction
        1. In the event that you or Iba is unable to amicably resolve any dispute arising out of these Terms or any other dealing or contract between you and Iba, then the Courts of Chennai(Tamil Nadu, India) shall have the exclusive jurisdiction to resolve any such disputes with respect to these Terms or any such dealing or contract between you and Iba.