Terms of Sale
This Terms of Sale Agreement (this "Agreement") constitutes a binding legal contract between you ("Customer") and IKAAVA ("Seller"), the owner and operator of the IKAAVA.com website (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. IKAAVA takes the issue of privacy on the Internet very seriously.
Orders and Tax,etc.
You may place your order on the Site at any time (subject to any planned or unplanned periodic downtime) notice. With respect to taxes, fees, etc the same would not apply to the Customer if purchased through the Site. However, when making payments through credit cards or any other online payment sites, the fees charges by such sites may be passed on to the Customer for payment. In the event Customer is required to pay any such taxes, duties fees or charges at the time of sale or thereafter, the Seller / Site would not be liable for the same and the onus of such payments would be in the hands of the Customer.
Prices quoted are for the products and services described on the face hereof only and do not include technical data, proprietary rights of any kind, patent rights, trade marks, qualification, environmental or any other unless expressly agreed to in writing by Seller.
Caveat Emptor, the Customer expressly agrees that they have exercised full precaution at the time of purchase of product(s) from this Site in respect of authenticity and free from any defects whatsoever. However, if there are any defects only, the Seller, agrees to indemnify in full for the quantity that is defective to the Customer to the extent that the Customer has paid to the Seller for purchase of such product(s)
Product Description; Refunds, Returns or Exchanges
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. All sales made through the Site are final. Refunds or Exchanges for items purchased through this Site will be made only if the Customer has intimated to the Seller by email within 48 hours from receipt of the product and or service, failing which there would be no refund or exchange. Should the product be returned, the same would have to be in its original condition as the Customer has received and any costs involved for shipping back to the Seller would be borne by the Customer.
Transportation and Risk of Loss
It is hereby agreed that all transportation shall be at the expense of Seller as the Customer has already paid for such transportation costs. Risk of loss or damage during transportation till delivery of the products to the Customers shipping address shall be the liability of the Seller.
Confiscation or destruction of, or damage to products during the transportation to the Customer shall not release, reduce or in any way affect the liability of Seller therefore. Notwithstanding any confiscation or destruction of, or damage to products once delivered to the Customer would not be the liability of the Seller at all and any such expenses, loss would be the sole liability of the Customer.
Payments and Disputed Payments
The Seller does not accept checks, drafts, or money orders for orders submitted through the Site. Upon placing an order, payments can be made online through credit cards. We accept Visa and MasterCard only for the time being. Alternately, payments can be also made by way of bank transfers. Any such fees, charges for the payment by way of credit cards, bank transfer would be the liability of the Customer. You will bear all costs associated with a disputed credit card charge that results in action from the Sellers merchant account provider, otherwise known as "chargebacks".
Proprietary Rights, Trade Marks, Patents, etc.
The sale of the products hereunder to Customer shall in no way be deemed to confer upon Customer any right, interest or license in any patents or patent applications or design copyrights. All trademarks, logos and trade names are property of their respective brand holders. The Site / Seller is in no way associated or related to these brand owners as we are not their authorised distributors and agents. We only deal, trade and carry stocks of products through licensed and official channels only.
Pricing; Shipping; Pricing Errors; Other Errors
Prices offered on the Site are quoted in U.S. Dollars, British Sterling Pounds, Euros and Australian Dollars. Such prices include shipping unless otherwise stated.
If the amount you pay for an item is obviously incorrect, regardless of whether it is an error in a price posted on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
If the amount you pay for an item is sold out or unavailable for further sale regardless of whether it is an error on this Site or otherwise communicated to you, then we reserve the right, at our sole discretion, to cancel your order and refund to you the amount that you paid. This policy will apply regardless of how the error occurred.
Seller will attempt to meet shipment schedules. However, any shipment quotation or forecast on an order acknowledgment is only an estimate of the time required to make shipment and Seller will not assume liability, consequential or otherwise, because of any delay or failure to deliver all or any part of any order for any reason, including its active or passive negligence. Seller reserves the right to allocate inventories in any way it deems desirable.
Stenographic and clerical errors are subject to correction.
Once you place an order, Seller will send you an automated personalised email immediately or within a reasonable period of time and provide you with an order confirmation. Once the Customer makes payments and the funds clear, the Seller would arrange for the transportation of the Order. When your order is shipped, the Seller will send you a shipment confirmation email with the shipping carrier tracking number, if available. If a carrier tracking number is available, you can view tracking number on the respective carriers web site to check the detailed delivery status of your order. By placing an order with the Site, you consent to receive email from the Site.
Disclaimer of Warranties
YOU HEREBY WAIVE ALL OTHER REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WHETHER OR NOT OCCASIONED BY THE NEGLIGENCE OF THE SITE. YOU ACKNOWLEDGE BY YOUR USE OF PRODUCTS ON THE SITE THAT YOUR USE OF THE PRODUCTS AND ANY RELIANCE UPON THEM IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH IT IN CONNECTION WITH THE PRODUCTS ON THE SITE. THE SITE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Waiver and Limitation of Liability
THE SITE HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT THE SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE..
Follow all instructions and heed all warnings accompanying any products associated with the Site. Some products, including packing material, may not be suitable for children and should be kept out of the reach of children.
YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST THIS SITE ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THIS SITE FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED TO YOUR USE OF ANY ITEMS PURCHASED VIA THE SITE.
YOU AGREE THAT THE SELLER IS NOT RESPONSIBLE AND OR LIABLE FOR ANY INVESTIGATIONS, LAW SUITS OR WHATSOEVER FROM ANY THIRD PARTY, ASSOCIATES OR THE BUYERS THEMSELVES REGARDING THE METHOD OF DISTRIBUTION. THE SELLER SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE ACTIONS OF THE CUSTOMER IN RESPECT TO THE MEDIUM OF SELLING THE PRODUCTS.