TERMS & CONDITIONS
The following terms and conditions govern the use of the Website. The Website is owned and managed by Indigo Blue Art which is part of Indigo Blue Pte Ltd., a company incorporated under the laws of Singapore. These terms and conditions form the entirety of any contract that may or may be deemed to exist between us, Indigo Blue Art and the user(s) of the Site.
"Buyer" refers to the person who has registered as a user to access the Indigo Blue Art Website and purchases an item referred to as an “Object” from the Website.
"Description" or details of an Object includes information related to the Object. Such information can be one or more of the following: name of the artist, the title of the Object, signature of the artist/ date of the Object (if any), the medium, dimensions, year and provenance of the work.
1. The artwork featured for sale on the Website may not always be in the physical possession of Indigo Blue Art in Singapore and as such must be physically located from its location.
2. The indicated price of the artwork listed is exclusive of duties, taxes, shipping and handling. These extra costs will be charged as applicable and the actual amount will depend on the physical location of the Object as well as the shipping address provided by the Buyer. The Buyer agrees that he/she is liable for any duties and taxes that may be applicable on the purchase, and such charges will be payable in addition to the indicated price of the Object.
3. All invoices will be raised by Indigo Blue Art based on the registration information provided by the Buyer. The Buyer can amend this information up to the time of finalising his/her purchase. Please note that payment will only be accepted from the Buyer who is registered. In the event a payment is received from another party, the Buyer must inform Indigo Blue Art as otherwise the payment may be returned or could result in a delay in the processing of the order. Acceptable modes of payment will be outlined in the invoice generated, beyond which Indigo Blue Art will not be held responsible for any refusal or failure to accept any other modes of payment.
4. The placement of an order on the Indigo Blue Art Website constitutes an irrevocable acceptance of the purchase. Unless rescinded or cancelled by Indigo Blue Art within 3 working days on account of a default by the Seller or a breach by the Buyer, such acceptance results in an enforceable contract of sale. The contract of sale is between Indigo Blue Art (the agent of the seller) and the Buyer.
5. Indigo Blue Art reserves the right to cancel any order placed on the Indigo Blue Art Website, at any time prior to the delivery of the Object, without issuing an explanation to the Buyer.
6. Indigo Blue Art will assume no responsibility for any errors or omissions that may occur in the information related to the Object. In the event of such an error, Indigo Blue Art reserves the right to cancel the order by informing the Buyer in writing.
7. Upon placement of an order on the Website, the Buyer must make payment for the price of the Object as well as the additional charges (referred to above) within 3 working days from the date of placing the order. In the event that Indigo Blue Art does not receive payment within three working days Indigo Blue Art reserves the right to cancel the order without prior notice to the Buyer.
8. The Object will be delivered/shipped to the Buyer once all necessary documentation, relating to transportation, tax, etc. has been completed and payment has been received in full including any additional charges (including transit costs where applicable). In the event the Buyer chooses to collect the Object himself from Indigo Blue Art, he/she must notify Indigo Blue Art and have the Object collected within two weeks of the payment being received. In the event that the Object is not collected within a period of two weeks, Indigo Blue Art will, at its discretion either (a) arrange for storage of the Object, and shall only release the Object after payment has been made in full for the cost of storage, insurance and any other overdue payments from the Buyer, or (b) dispose off the Object in any manner it sees fit and refund the payment received from the Buyer less any costs related to storage, insurance and disposition.
9. The Buyer agrees to abide by all provisions prescribed in these terms and conditions. In particular, he/she must warrant that all information submitted is true and accurate (including without limitation the credit card number and expiration date), and to agree to pay all costs, charges plus all applicable taxes for the purchases made by the Buyer.
10. By providing his/her email address to Indigo Blue Art , the Buyer consents to be notified from time to time of important announcements from Indigo Blue Art including any new services and/or changes to existing services.
11. By registering with Indigo Blue Art or making a purchase from Indigo Blue Art, the Buyer consents to be automatically subscribed to the newsletter currently sent out weekly as well as event updates. To unsubscribe from this newsletter at any time, simply click the “unsubscribe” link at the bottom of the emails.
12. Indigo Blue Art is authorised by the Sellers to exercise complete discretion in both the illustration and descriptions of the Object for viewing and sale, as well as the acceptance or rejection of any orders received.
13. All artworks displayed on the Website are supported by an authenticity guarantee from Indigo Blue Art on behalf of the Seller.
14. Indigo Blue Art is under no obligation to provide a physical preview of the Object either before or after the sale. Indigo Blue Art is not liable for the condition of the Object or any actual or consequential damages resulting from use of the Object. A condition report can be provided upon request and is based on the information provided by the Seller. Following such a request, if Indigo Blue Art feels there is a significant difference in the physical condition of the Object relative to its appearance as displayed on the Website, an email will be sent to the Buyer notifying him/her of the differences and await the Buyer's decision how he/she would like to proceed.
15. Cancellations, Returns and Refunds: The Buyer may cancel a sale within one hour of the completion of the sale by informing firstname.lastname@example.org. In the unfortunate event the Buyer receives a damaged artwork, he/she must notify Indigo Blue Art on email@example.com within 12 hours of delivery. If the Object cannot be replaced within 7 working days, the Buyer will be refunded the amount paid.
16. Buyers with Indian billing addresses are invoiced in INR and buyers with non-Indian billing addresses are invoiced in SGD based on the price displayed.
17. The Buyer warrants that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and relayed to Indigo Blue Art at the time of purchase. Indigo Blue Art is entitled to act on the basis of the information provided and may request additional information, clarification or verification for granting registration. Registration may be cancelled or suspended in the event Indigo Blue Art feels that the above information may be inaccurate. In such a case, registration will be restored once the Buyer has provided information to the satisfaction of Indigo Blue Art.
18. Indigo Blue Art reserves the right to make any changed to the terms, conditions, and notices under which the Website are offered, including but not limited to the changes, if any, associated with the use of the Website. As such, it is advisable to review the terms and conditions at regular intervals.
19. The Buyer must use the Website in good faith and for the essential purpose for which the Website is intended. Unless otherwise specified, the Website is for personal and non-commercial use. The information, software, products or services obtained from the Website cannot be copied, distributed, transmitted, displayed, reproduced, published, licensed, or transferred.
20. The Website may contain links to other Web Sites known as "Linked Sites". These Linked Sites are not under the control of Indigo Blue Art and as such, Indigo Blue Art is not responsible for the contents of any Linked Site and the inclusion of any link does not imply endorsement by Indigo Blue Art of the site or even any association with its operators.
21. As a condition of the use of the Website, the Buyer will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Website cannot be used in any manner which could damage, disable, overburden, or impair it nor interfere with any other party's use and enjoyment of the Website.
24. The information such as software, products, and services included in or the Website may include inaccuracies or typographical errors. Indigo Blue Art and/or its respective suppliers may make changes in the Website at any time, therefore it is advisable to check this information regularly. Advice received via the Website should not be relied upon for financial decisions in which case it is advisable to see the advice of an appropriate professional instead.
25. Indigo Blue Art and/or its suppliers make no representations about the accuracy of the information contained on the Website for any purpose. All such information, are provided "as is" without warranty of any kind. Indigo Blue Art and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, including any implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
27. Indigo Blue Art reserves the right, at its discretion, to terminate the Buyer’s access to the Website at any time, without any notice whatsoever.
28. These Terms and Conditions of Use are governed by the laws of (i) India in the event the seller is located in India and (ii) Singapore, in the event that the Seller is located in any jurisdiction other than in India. The Buyer hereby consents to the exclusive jurisdiction and venue of courts in India in the event that the seller is located in India; and Singapore, in the event that the seller is located in any jurisdiction other than in India, in all disputes arising out of or relating to the use of the Website. In areas where the jurisdiction that does not give effect to all provisions of these terms and conditions, the use of the Website is unauthorised. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise stipulated, this agreement constitutes the entire agreement between the user and Indigo Blue Art with respect to the Website and it supersedes all prior or recent communications and proposals, whether electronic, oral or written, between the user and Indigo Blue Art with respect to the Website.
29. The entire content of the Website is a copyright protected in favour of Indigo Blue Art and/or its suppliers. All trademarks, names, brand names, etc. used on the Website are either trademarks or registered trademarks of Indigo Blue Art or its associated companies. Any rights not expressly granted herein are reserved.
30. The Buyer agrees to abide by all provisions prescribed in the order forms submitted by him/her for the purchase of any artworks from the Website. In particular, he/she warrants that all information submitted will be true and accurate and to agree to pay all charges plus all applicable taxes for the purchases made.