International Indian Folk Art Gallery

WEBSITE TERMS AND CONDITIONS OF SALE

These are the Terms and Conditions of International Indian Folk Art Gallery trading as International Indian Folk Art Gallery (IIFAG) in India with GSTIN 33AAGPV7747K1Z2 and International Indian Folk Art Gallery (IIFAG) in Australia with ABN 77841807839. (“International Indian Folk Art Gallery (IIFAG)”, “we”, “us”) on our website located at https://indianfolkart.org/, which is owned and operated by us (Website). These Terms and Conditions also incorporate our Terms of Use, Disclaimer and Privacy Policy, all of which can be found on our Website.

Please read these conditions carefully, as they apply to all transactions between us and can only be waived or varied in writing signed by us. By proceeding with a purchase on our Website, you’re indicating to us that you’ve read, understood and agreed to these conditions. If you have any questions or concerns about our conditions or Website, or any purchase you make through the Website, please don’t hesitate to get in touch with us.

1. eCommerce
   1. While we take every care to make sure our online store is accurate and up to date, from time to time, mistakes may occur (for example, a pricing error or stock availability issue).
   2. Please note that when you submit an order through the Website, no agreement is formed until we process and accept your order and send you a confirmation. If there’s been an error leading to your order (such as pricing or stock error), we may choose not to fill the order, but we’ll be sure to contact you to discuss your options (for example, placing an order at the correct price, delaying your order or exchanging your item for another). If we can’t or won’t fill your order, we’ll process a full refund as soon as practicable.
2. Unauthorized Use:
   1. The IIFAG website must not be used for any illegal or unauthorized purpose. The IIFAG website must not be hacked and/or any adaptations made to any aspect of the website. Posting of advertisements or links to any other websites, including but not limited to social networking sites, is not allowed without express written permission from IIFAG.
3. Suitable Content:
   1. IIFAG aims to promote hand-made, original artworks and do not allow digitized or electronically produced or enhanced mediums.
   2. Artworks may include drawings, watercolours, paintings, mixed media, ink works, etc.
   3. Sculptures, textiles, craft, jewellery, glassworks, but must be traditional Indian Folk Art forms.
   4. We generally don’t encourage framed paintings, If artworks are framed, they must be packaged extremely carefully and labelled as fragile. Artworks must be photographed as framed if they are framed, or unframed if they are not.
   5. IIFAG also aims to promote online training courses via its Gurukulam module, focusing on Indian Folk Arts.
4. Undesirable Content:
   1. Users posting content on the IIFAG site must not infringe any copyright and/or intellectual property rights of any person, entity, organization, trademark or other. Users must not misrepresent content, including artwork for sale, in the picturing and description of that content.
   2. IIFAG does not accept content that is obscene in any way, pornographic, indecent, inflammatory, defamatory or racist to any person or group of people. Artistic nudes are accepted at the discretion of IIFAG.
   3. The content posted on the IIFAG website must not be fraudulent or illegal in any manner nor contain viruses, Trojan horses, worms, or any other programming that may interfere, disrupt or corrupt the smooth operations of the entire IIFAG website, including all databases.
   4. IIFAG encourages all users to the site to report any inappropriate content through the “Report this Content” link provided beside each artwork, or via the Contact Us page. IIFAG will not manually screen all postings and therefore welcomes assistance from the IIFAG community where possible.
   5. IIFAG has the right but has no obligation, to remove any content posted at its absolute discretion. IIFAG does not disregard the posting of inappropriate content and makes a concerted effort to remove such content as soon as possible.
   6. Any unlawful, misrepresented or offensive content posted on the website is the sole responsibility of the user/member that posts such content.
   7. Users of the site understand that exposure to inappropriate content may occur and browsing of the website is at the user’s own risk.
5. Unacceptable exploitation of IIFAG marketplace
   1. IIFAG invests to bring customers to its online platform. Artists agree to respect the IIFAG marketplace and not attempt to direct traffic away from IIFAG to make personal contact or sales outside of IIFAG. This includes not posting information in artist profiles or artwork descriptions which include:
      1. Personal websites and/or email addresses
      2. Personal social media accounts on platforms such as Facebook, Instagram, Twitter, Pinterest, Tumblr etc
      3. Mentioning gallery representation and/or other establishments where works can be purchased.
      4. Comments intended to encourage direct contact outside of IIFAG such as “visit my Facebook account or personal website to see more of my artwork”.
      5. Watermarks on profile images, cover images or artwork images that are not in the bottom left or right corner of the artwork image and contain more information than the copyright symbol and the artist’s first and last name.
      6. Where a buyer enquiry has been made through IIFAG, the Artist agrees to complete the transaction with that User through IIFAG.
   2. Artists that have no available works for sale on IIFAG will have their account put on a temporary hold. It is the artist’s responsibility to get in contact with IIFAG when they are ready to upload more work available for sale.
6. Prices & Sales practice:
   1. Prices shown on the IIFAG website are in Indian Rupees (INR), Australian Dollars (AUD) or United States Dollars (USD) or in some cases, local currency Prices of artworks shown on the IIFAG website are set at the discretion of the Artist.
   2. All training courses and artwork prices displayed on IIFAG must be equal to, or lower than artwork offered for sale elsewhere. This means Artists explicitly agree to not price artwork listed on IIFAG at a lower price on personal websites, exhibitions, other online galleries & marketplaces.
   3. By using IIFAG, Artists are required to complete all sales on IIFAG which come from an IIFAG lead. This includes studio visits as organised by IIFAG, artist to collector introductions, IIFAG initiated exhibitions and leads to an Artist directly e.g. via social media where buyers are known to have discovered the artist via IIFAG. The best practice for artists who receive direct enquiries is to ask where the potential buyer discovered their artwork. In cases where the buyer advises IIFAG then the artist should direct the buyer to complete the transaction on IIFAG.
7. Payment
   1. You agree to pay us the purchase price listed on the Website (the subject of course to the proviso above, in the case of accidental errors and omissions). We may vary our prices from time to time. You agree and acknowledge that we may do so at any time on notice and that such notice is given by us posting the updated price on our Website.
   2. You acknowledge and agree that your payment in full in cleared funds (including any postage fees, discussed below) is a condition of this agreement, any breach of which will entitle us to terminate this agreement immediately. If a request for payment is returned or denied by your financial institution or is unpaid by you for any other reason, then you’ll be liable for any associated costs incurred by us, including banking fees and charges. We may also immediately stop delivery of any goods unpaid for unless and until we receive your payment in full.
   3. If you fail to pay us for an order, or if an insolvency event (for example, if you commit an act of bankruptcy or become insolvent) occurs in relation to you, we may suspend delivery of an order, require payment in a particular form or terminate this agreement.
   4. We currently accept payments by
   5. In making a payment, you warrant to us that you’ve read and agreed to the terms of any third-party payment gateway or processor or credit provider (such as PayTM, RazorPay, Stripe, PayPal, AfterPay or ZipPay), which are available on their respective websites. You understand that these services are provided by third parties and are made available to you on our Website for convenience only. We’re not responsible for any issues, loss or damage arising out of those facilities. If you have an issue with a third-party provider on our Website, please contact them directly.
8. Discounts and Coupon Codes
   1. We may offer discounts or coupon codes from time to time.
   2. Discounts and coupon codes are not available in conjunction with any other offer (for example, if we have two promotions on offer at the same time, you can only apply one discount or coupon code to purchase, not both).
   3. Discounts and coupon codes are available for the stated time, or else for a period of seven (7) days from the date that the offer was first made, or until stocks last (whichever occurs first).
   4. Unless we specify otherwise in our offer, discounts and coupon codes are available on full-priced goods only.
   5. Coupon codes are non-transferable and are not redeemable for cash under any circumstances.
   6. We reserve the right to revoke any discount offer or coupon code at any time without notice.
9. Store Credit
   1. We may issue you with store credit in accordance with this agreement, or otherwise within our absolute discretion. If we do so, the grant of store credit is subject to the terms of this agreement.
   2. Store credit is redeemable for products sold by us on our Website only and can’t be applied to postage on an order.
   3. You’ll need an account on our Website to receive and redeem store credit. If you don’t already have an account on the Website, you’ll need to create one prior to store credit being provided.
   4. Store credit can be redeemed for twelve (12) months from the date of issue and will expire after this date. It’ll then be unable to be redeemed, replaced or refunded.
   5. Store credit is non-transferable and is not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
10. Gift Vouchers
    1. We sell gift vouchers on our Website. The gift voucher will be set out how delivered e.g. emailed to you, posted to you and maybe redeemed on our website.
    2. It is your sole responsibility as the purchaser to ensure that the voucher is stored securely and given only to the intended recipient.
    3. Unless those vouchers are expressed to be subject to other terms and conditions, these conditions apply.
    4. Vouchers are redeemable for products or services sold by us on our website only and can’t be refunded, redeemed for cash or applied toward any special, promotion or discounted offer.
11. Voucher Expiry
    1. Vouchers can be redeemed for three (3) years from the date of purchase and will expire after this date unless:
    2. the voucher is able to be reloaded or topped up
    3. it has been donated for promotional purposes
    4. it is available only for a specified period
    5. it has been supplied at a genuine discount
    6. it is part of an employee reward scheme
    7. it is part of a customer loyalty program
    8. it is a second-hand gift card
    9. it is part of a temporary marketing promotion
    10. in which case the voucher can be redeemed for twelve (12) months from the date of purchase or the date set out on the voucher and will expire after that date.
    11. Vouchers are non-transferable and are not redeemable for cash under any circumstances, including any partial balance remaining after redemption.
12. Shipping Policy
    1. Applies to all products, such as artworks and crafts, that can be physically shipped, and excludes all digital contents delivered virtually.
    2. Postage and delivery
       1. We post products to customers globally. We use delivery service providers to help us get our products to you.
       2. Rates
       3. You agree to pay us postage fees refer to postage fee placement e.g. calculated at checkout, Shipping Page.
       4. As you know, technology is great but it’s not infallible. If there’s an error in the calculation of your postage costs, we’ll contact you before processing your order to discuss options (such as paying any additional costs or modifying your order).
       5. Our delivery service providers may change their fees from time to time, and so you acknowledge and agree that we can vary the postage fees applicable to orders at any time on notice and that such notice is given by posting the updated postage fees on the Website.
       6. Dispatch Timeframes
       7. We process all orders within48 hours of receipt of payment. Once an order is processed, we’ll do our best to dispatch orders on the same business day or the next business day. For custom orders such as commissioning of art, we dispatch within 48 hours after completion of the artwork
       8. We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.
       9. You acknowledge that we’re not liable for any delay in the dispatch of your order.
    3. Delivery Timeframes
       1. Delivery times will vary between orders – we’ll do our best to let you know when to expect your delivery, however, this is largely dependent on the delivery service provider. As a guide, your orders should arrive within a week, unless advised otherwise.
       2. Delivery Address
       3. It’s your responsibility to make sure that your postal address details are correct- we won’t be responsible for any incorrect or failed delivery if you don’t supply current, accurate postal address details. If your order is undelivered due to your error and returned to us, we reserve the right to require you to pay further postage fees or terminate this agreement and issue a refund in accordance with this agreement.
       4. Orders Lost in Transit
       5. When we dispatch your order, we will give you a tracking code for you to track the progress of your order.
       6. If you’re concerned that your order has been lost or misdelivered, we ask that you contact us as soon as possible, so that we can investigate. You understand that while we’ll investigate your missing order, we make no representations as to responsibility or liability for any lost or misdelivered order. In the event of items lost or damaged in transit, you acknowledge that our liability is limited to the amount of any compensation we are able to recover from the delivery service provider, less our reasonable costs of investigating and applying for any compensation unless otherwise required by law.
    4. Risk in each order passes to you on delivery to your nominated address. You must sign for your delivery unless you’ve given authority to leave unattended. If you’ve authorized us or our agents to leave your order unattended at that address, the order will be taken to have been delivered on leaving the order at the address. If you ask us to deliver to an address and you’re not there, but someone else at the address signs for the parcel, the order will be taken to have been delivered on leaving the order with that person.
    5. If we accept a return of any goods, risk in those goods will revert to us on our confirmation of receipt of the returned goods. We recommend you insure goods you return to us against loss or damage in transit.
13. Events beyond control
    1. As in life, sometimes circumstances beyond our control (strikes, floods, fires and extreme weather events, computer malfunctions, failure of service providers to perform services or injury or illness of key personnel) get in the way. If circumstances we can’t control affect our ability to dispatch your order, you release us from any obligation to dispatch your order while those circumstances continue. While they continue, we may choose to cancel your order, or otherwise to complete your order once things have returned to normal. If we expect a major delay, we’ll contact you to discuss a suitable solution.
14. Advice and information
    1. We may give you advice, recommendations, information or assistance in relation to products on our Website, their use or application. We give that information to you in good faith, believing it’s accurate, appropriate and reliable at the time but we don’t give any warranty of accuracy, appropriateness or reliability. Information and advice we give is general in nature and is not intended to constitute or substitute for professional or medical advice. You should seek appropriate professional or medical advice if necessary. We won’t accept any liability or responsibility (including liability for negligence) for any loss suffered because of your or any other person’s reliance on information or advice we provide on our Website unless otherwise required by law.
15. Indian Consumer Law
    1. Our goods come with guarantees that cannot be excluded under the Indian consumer law, which forms to the consumer protection act, 2019. If you are an Indian consumer for the purposes of the Indian Consumer Protection Act (CPT), you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
    2. Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
16. Australian Consumer Law
    1. 1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law, which forms Schedule 2 to the Competition and Consumer Act 2010 (ACL). If you are an Australian consumer for the purposes of the ACL, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
       Nothing in these terms excludes any right, guarantee or warranty you’re entitled to by law, however, we do exclude all other guarantees, conditions and warranties to the maximum extent permitted by law. We also specifically exclude liability for negligence.
17. Wherever possible, our liability for breach of any condition, warranty or guarantee is limited, at our option, to:
    1. replacement of the product;
    2. repair of the product;
    3. payment of the cost of having the product repaired; or
    4. such other fair and reasonable remedy as we are ready and willing to provide.
    5. We won’t be liable for any consequential loss or damage or other direct or indirect loss or damage, except where we are unable to limit or exclude such loss under the CPT.
    6. If for any reason the CPT doesn’t apply to any order you place with us (for example, if you purchase the product for re-sale with our authorisation or if you are purchasing from outside India or Australia), then we exclude all liability to you and we’ll only refund an order placed if we can’t fill it, if we think it’s reasonable to do so, or otherwise as agreed in writing. Please choose carefully as we do not offer refunds for change of mind.
    7. To make a CPT related claim, please contact us at support@indianfolkart.org.
18. Authorship Warranty. The IIFAG warrants to the buyer for a period of one (1) year from the sale date that if the product sold by the seller via online purchase is described as of the sale date in the product listing to be the work of named authorship without qualification, then the product is authentic and is not a forgery (“Authorship Warranty”). This Authorship Warranty is subject to the following terms and conditions:
    1. it does not apply to a product whose description of authorship in the product listing as of the sale date corresponded with the generally accepted opinion of scholars or experts or indicated that there was a conflict of opinions;
    2. it does not apply to a product whose authorship as described in the product listing as of the sale date is proved inaccurate by means of a scientific process not generally accepted for use until after the sale date or a process which as of the sale date was unreasonably expensive or impractical or likely to have caused damage to the product;
    3. the benefits of the Authorship Warranty are not transferable and apply only to the original buyer of record, and not to their successors or assigns or any other party; and
    4. “authorship” means only the creator of the property, or the period, culture, source or origin of the property, as the case may be, as described in the product listing on the sale date.
19. Return, Cancellation and Refund Policy: The buyer acknowledges and agrees that return, cancellation or refund of the product purchase price is subject to the below terms and conditions.
    1. The IIFAG agrees to cancel the sale and refund the purchase price of the product to the buyer subject to the condition that the buyer notifies the IIFAG in writing within a week after the buyer receives any information leading to the belief that an Authorship Warranty was compromised:
    2. The buyer must have remained the owner of the product without disposing of any interest to the third party
    3. The buyer must return the product to the seller in the same condition it was in as of the original sale date. The IIFAG reserves the right, as a condition to cancelling any sale under authorship warranty, to require that the buyer obtain, at the buyer’s expense, the written opinions of two (2) independent and recognized experts in the field mutually acceptable to the buyer and the IIFAG. The IIFAG will not be bound by any expert opinions produced by the buyer and reserves the right to obtain additional expert opinions at the IIFAG’S own expense. The activities described in this paragraph will be conducted solely by the buyer and the IIFAG.
    4. For digital contents, that are delivered virtually, including training courses, IIFAG does not accept any cancellations or refunds once the buyers has subscribed to the contents.
20. Intellectual property
    1. You acknowledge and agree that all intellectual property rights owned by us or to which we are entitled before and after this agreement will remain our sole property and that nothing in this agreement transfers any ownership in our intellectual property rights to you.
21. Dispute resolution
    1. If a dispute arises out of these conditions or if you are unhappy with your product for any reason, we ask that you contact us in the first instance and we will do our best to resolve the issue to our mutual satisfaction quickly, cheaply and efficiently. If we’re not able to resolve it within thirty (30) days, we’ll go to mediation in Chennai, India or Melbourne, Australia (unless we agree to an alternative venue in writing) and split the costs of that equally. If the dispute still isn’t resolved within thirty (30) days of the mediation, either of us can ask the mediator to terminate the mediation and the mediator must do so.
    2. Each of us agrees that we won’t commence any proceedings in a Court or Tribunal until we’ve complied with this clause (unless of course, we’re seeking interlocutory relief).
22. Variation
    1. We can change these conditions at any time by updating this document and giving notice to you by posting a copy on the Website. The changes will take effect immediately on their being posted.
23. Severance
    1. If any part of these conditions is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed, and the rest of the agreement will remain in force.
24. Termination
    1. We may terminate this agreement at any time on notice to you. All disclaimers and limitations of liability will survive termination. On giving such notice, we’ll refund any amounts paid by you in respect of undelivered goods.
25. Jurisdiction
    1. As we are based in Chennai, India and Melbourne, Australia, these terms will be governed by the laws of Tamil Nadu, India and Victoria, Australia. In the event and place any dispute, we ask that you first contact us, and we’ll do our best to resolve the dispute to our mutual satisfaction quickly, cheaply and efficiently. If we do end up in court, you agree that the exclusive venue for resolving any dispute will be in the courts of Chennai, India or courts of Victoria, Australia and courts of appeal from them.