Terms and Conditions

  1. Overview
    1. This website and its subdomains is operated by Iba Arts and crafts, a licensed brand of Deccan Designs (India) Pvt. Ltd. Throughout the site, the terms “Iba”, “we”, “us” and “our” refer to Iba Arts and Crafts.
    2. Your usage of this website, including all information, tools and services available from this site is conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
    3. By visiting our site you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”).
    4. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services.
  2. General
    1. You agree that the headings used in this agreement are included for convenience only and that the underlying Terms will supersede any meaning inferred from these headings.
    2. You agree that a breach or violation of any of the Terms will result in an immediate termination of your Services.
    3. You agree that you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in force.
    4. We reserve the right to refuse service to anyone for any reason at any time.
    5. You agree that the rights and obligations granted under these Terms cannot be assigned or transferred by you without our explicit written consent.
  3. Eligibility
    1. You represent and warrant that you are 18 years of age or above.
    2. You represent and warrant that you are capable of entering into Legal Agreements.
    3. If you are using our services on behalf of a company or other legal entity, then you represent and warrant that you have the authority to bind that company or legal entity to these Terms. In such event, the words “you” and “your” will refer collectively to yourself and the legal entity you represent.
      1. You agree to keep us indemnified from any claims from any company or legal entity if it turns out you do not have sufficient authority to represent such company or entity.
  4. Changes to Terms and Conditions
    1. We reserve the right to update, change or replace any part of these Terms and Conditions at our discretion without prior notice. You can review the most current version of the Terms and Conditions at any time on this page.
    2. These Terms supersede any prior or agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
    3. You agree it is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
  5. Pricing and Product Details
    1. Prices displayed on the website are exclusive of duties, taxes, shipping, insurance and other charges unless explicitly stated to include the said items.
    2. We reserve the right at any time to modify prices and details for our products with notice. We shall not be liable to you or to any third-party for any modification, price change, or removal of products from our website.
    3. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
    4. Due to differences in color calibration of various hardware, software, operating systems and individual settings; and differences owing to perspective when viewing 2D images of 3D products; and other differences, we cannot guarantee that the product you receive will not look different than the one shown on the website. You agree that returns/refunds requested due to such discrepancies will be be entertained.
  6. Statutory Requirements and Third Party Conditions
    1. If the law in force or conditions imposed by third party service providers, requires us to collect any duties, taxes or other statutory levies from you, you agree to pay the said levies without delay. We reserve the right to withhold service until we are in receipt of any amounts due to us.
    2. If the law in force or conditions imposed by third party service providers, requires us to collect any documents and/or proofs from you, you agree to provide the same without delay. We reserve the right to withhold service until the necessary legalities are complied with.
    3. We are not obligated or liable to discharge any liability directly imposed on you by any statutory body or third parties. You agree that you are solely responsible for complying with laws in force.
    4. Any orders found to be suspicious or fraudulent or in contravention to these terms shall be cancelled and the amounts shall be refunded in accordance with our Return and Refund Policy. We reserve the right to refuse or cancel any order you place with us. We also reserve the right to suspend your account to prevent future orders.
  7. Account Details
    1. You represent and warrant that the details you provide during the usage of our Services is accurate and complete. We shall not be liable in case of any delays or loss on account of incorrect contact information provided to us.
    2. You agree that it is your responsibility to safeguard your password required for access to our Services.
    3. You agree to notify us immediately if you suspect any third party has gained or will gain unauthorized access to your account. We will take reasonable efforts to block such access within 48Hrs of your notice. You agree that you will be liable for any acts done via your account until the time that we are informed of the unauthorized access.
  8. Third Party Content
    1. Certain content on our website may include links to third-party websites. Clicking on these links will direct you to third party websites, the content of which we have no control over.
    2. We do not review the content on third party website and it will be your responsibility to peruse the third party’s policies before continuing to view their content or use their services.
  9. Intellectual Property
    1. You agree that the various images, logos, text, trademarks and any/all other intellectual properties displayed on our website belong to either us or the artist/author of the respective product displayed or other third parties as the case may be.
    2. You agree that your usage of our 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 our website.
    3. You agree that purchase of any product listed on our Website does not grant you any rights over the copyrights/intellectual property rights of the respective product.
    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 our website.
    5. You agree not to copy, reproduce, plagiarize, distribute or in any way exploit, commercially or otherwise, any of the products displayed on our website.
    6. You agree not to obscure credit to us or Artists/Sellers in the event that you share or post material found on our Website on other websites, including social networking sites.
    7. We ask that you refrain from sending unsolicited content(including images and other media) to us, either electronically or physically.
    8. You agree that we will not be obligated to respond to such content, nor will we be bound by any conditions put forth in such content.
    9. You agree that you forfeit any rights to the content sent to us unsolicited, and we will have the right to exploit these unsolicited content for promotional, commercial or other purposes without any compensation to you.
  10. Product Authenticity
    1. Although we will take utmost care to hand select Artists whose works and ethics are reputed and whose products are likely to be genuine; We cannot guarantee that any product listed on our Website is genuine, original and/or free from any unauthorized copies or duplicates. The certificate of authenticity provided are directly sourced from the Artists and we hold no responsibility in case the deceleration given in the certificate is false.
    2. However, in the event of any dispute in the authenticity of the works, we 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, we will provide you with the available contact details of the respective Artist/Seller in order for you to pursue the matter directly.
  11. Prohibited Uses
    1. In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content:
      1. to harm the interests or assets of us and/or our associated members, artists and/or sellers
      2. to impersonate any member, employee, director or associate of our website
      3. for any unlawful purpose
      4. to solicit others to perform or participate in any unlawful acts
      5. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
      6. for any obscene or immoral purpose
      7. to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service
      8. to transmit any worms or viruses or any code of a destructive nature
      9. to interfere with or circumvent the security features of our website
      10. to data mine, crawl or scrape the contents of our website
      11. to mirror or otherwise display content from our Website on any other website
      12. to access or attempt to access restricted areas of our Website
      13. to forge, tamper, intercept or attempt to intercept, communications and data transfers between users of our website and payment gateways
    2. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
  12. Disclaimers
    1. The service and all products and services delivered to you through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    2. No communication received from us, whether in writing or orally, shall create any warranty, whether express or implied.
    3. We do not warrant that our website and/or services
      1. Will be 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
      4. Will be uninterrupted, timely, secure or error-free
    4. We do not warrant that any third party service used to provide you any service, will be reliable, timely or safe. This includes but is not limited to services provided by:
      1. courier/shipping companies
      2. payment gateway providers
    5. We will not be liable for any loss or damage, of any kind, arising out of any problems or breach of obligations outside of our reasonable power or control including but not limited to:
      1. Disruptions, technical glitches, errors, virus, hacking or vandalism of our website
      2. Disruptions, technical glitches, errors, virus, hacking or vandalism of our 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
  13. Limitation of Liability
    1. In no case shall Iba Arts and crafts, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Under any circumstance, the total aggregate liability of Iba Arts and Crafts 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.
  14. Indemnification
    1. You agree to indemnify, defend and hold harmless Iba Arts and crafts, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  15. Severability and Waivers
    1. In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
    2. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
    3. 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.
  16. Termination
    1. We reserve the right to restrict your usage of this website and we can at anytime, without prior notice, terminate your Account and/or your access to this website; if we suspect there’s any violation to these terms or laws in force.
    2. The obligations and liabilities of the parties incurred prior and upto the termination date shall survive the termination of this agreement for all purposes.
  17. Jurisdiction
    1. In the event that you or Iba Arts and Crafts is unable to amicably resolve any dispute arising out of these Terms or any other dealing or contract between you and Iba Arts and Crafts, then the courts of Chennai, India shall have the exclusive jurisdiction to resolve such disputes.
  18. Annexures
    1. The below documents form part and parcel of these terms and should be read as one. Your acceptance of these terms implies you have read and accepted the below documents as well.
      1. Details on shipment terms, returns and refunds can be found here.
      2. You personal information is governed by our privacy policy and can be found here.