Raksh Folk Arts Of India Foundation, trading as International Indian Folk Art Gallery
SHIPPING POLICY
These are the Terms and Conditions of Shipping Policy of Raksh Folk Arts Of Indian Foundation, trading as International Indian Folk Art Gallery 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.
Shipping Policy
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- Applies to all products, such as artworks and crafts, that can be physically shipped, and excludes all digital contents delivered virtually.
- Postage and delivery
- We post products to customers globally. We use delivery service providers to help us get our products to you.
- Rates
- You agree to pay us postage fees refer to postage fee placement e.g. calculated at checkout, Shipping Page.
- 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).
- 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.
- Dispatch Process
- We process all orders within 48 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
- We ask for your patience as this handling period may vary, for example, if we have a high volume of orders.
- You acknowledge that we’re not liable for any delay in the dispatch of your order.
- Delivery Timeframes
- 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 ten business days, unless advised otherwise.
- Delivery Address
- 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.
- Orders Lost in Transit
- When we dispatch your order, we will give you a tracking code for you to track the progress of your order.
- 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.
- 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.
- 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.
- Events beyond control
- 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.
- Advice and information
- 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.
- Indian Consumer Law
- 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.
- 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.
- Australian Consumer Law
- 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.
- 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.
- Dispute resolution
- 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.
- 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).
- Variation
- 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.
- Severance
- 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.
- Termination
- 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.
- Jurisdiction
- 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.