Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to InstaART.

The terms “InstaART,” “we,” “us,” and “our” refer to the owner and operator of the InstaART online store.

InstaART operates this website and online store, including the information, products, services, features and tools available through it (collectively, the “Services”).

Our online store is powered by Shopify, which provides the e-commerce technology that enables us to offer our products and Services to you.

These Terms of Service, together with our Privacy Policy, Shipping Policy, Returns, Refunds & Replacement Policy and any other policies displayed on our website, govern your access to and use of the Services.

By accessing our website, creating an account, uploading an image, submitting information, placing an order or purchasing a product, you agree to these Terms.

Please read these Terms carefully before using the Services.

SECTION 1 – ELIGIBILITY AND ACCOUNT INFORMATION

By using our Services, you confirm that you are legally capable of entering into a binding contract under applicable law.

Where a person below the legally permitted age uses our Services, such use must take place under the supervision and consent of their parent or legal guardian.

You agree that all information supplied by you, including your name, email address, telephone number, delivery address, billing information and order information, will be accurate, complete and current.

You are responsible for maintaining the confidentiality and security of your account credentials and for activities conducted through your account.

SECTION 2 – OUR PRODUCTS

InstaART offers wall murals, printed artwork, customised wall décor and other products that may be:

made to order;
produced according to customer-selected dimensions;
personalised;
created from customer-uploaded photographs or artwork;
cropped or adapted to particular wall dimensions; or
otherwise manufactured specifically for an individual customer.

We make reasonable efforts to display our products accurately.

However, colours and appearance may vary between screens and printed products because of factors including:

screen calibration;
monitor or mobile-device settings;
brightness;
lighting;
printing process;
wall colour; and
surrounding environment.

Reasonable colour variation between an image displayed digitally and a printed product will not automatically constitute a defect.

Product descriptions, designs, prices, materials and availability may be changed or discontinued at any time.

SECTION 3 – CUSTOM AND MADE-TO-ORDER PRODUCTS

Many InstaART products are manufactured specifically for the customer.

This may include murals produced according to:

selected wall dimensions;
customer-uploaded images;
customer-requested text;
cropping;
positioning;
orientation;
colour preference;
design alterations; or
approved digital previews.

Customers are responsible for checking all information submitted with their order.

Once production has started, a customised product may no longer be capable of being cancelled, changed, returned or resold.

Returns, refunds and replacements are therefore governed by our Returns, Refunds & Replacement Policy.

Nothing in these Terms removes any mandatory right available to a customer under applicable law.

SECTION 4 – CUSTOMER-UPLOADED IMAGES AND CONTENT

Where you upload or submit photographs, artwork, illustrations, logos, text, designs or other material (“Customer Content”), you confirm that:

you own the Customer Content or have permission to use it;
you have the right to reproduce and print the Customer Content;
our use of the Customer Content to fulfil your order will not violate the copyright, trademark, privacy, publicity or other rights of another person;
the Customer Content does not contain unlawful material; and
the file submitted is the correct version you intend us to use.

You retain ownership of your Customer Content.

You grant InstaART a limited licence to store, process, resize, crop, modify where instructed, reproduce and print the Customer Content solely as reasonably necessary to:

process your order;
prepare previews;
manufacture the product;
provide customer support; and
resolve order-related complaints.

We will not claim ownership of your uploaded artwork merely because it was submitted for an order.

You remain responsible for obtaining all necessary permissions relating to Customer Content.

If we reasonably believe that Customer Content violates another person's rights or applicable law, we may refuse or cancel the relevant order.

SECTION 5 – IMAGE QUALITY

The quality of a large-format mural depends substantially upon the quality and resolution of the original image.

Customers should upload the highest-quality original image available.

Screenshots, heavily compressed images, images downloaded from messaging applications and low-resolution photographs may lose clarity when enlarged.

Where we notify you of a possible quality issue and you nevertheless instruct us to proceed, image-quality limitations resulting from the original customer-supplied file may not qualify as a manufacturing defect.

SECTION 6 – DIGITAL PREVIEWS AND CUSTOMER APPROVAL

For certain customised products, InstaART may provide a digital preview before printing.

A preview may be used to confirm matters such as:

cropping;
design;
proportions;
positioning;
orientation;
text;
dimensions; and
customisation.

Customers should carefully review the preview before approval.

Once a customer approves a preview and production begins, the approved elements normally cannot be changed.

A preview displayed on a digital screen is not a guarantee of an exact physical colour match.

SECTION 7 – WALL MEASUREMENTS

Unless InstaART specifically provides an authorised measurement service, the customer is responsible for providing correct wall dimensions.

Customers should carefully verify:

width;
height;
measurement unit;
wall orientation; and
any required installation allowance.

We are not responsible for an incorrectly sized mural where the mural was manufactured according to measurements supplied or confirmed by the customer.

SECTION 8 – ORDERS

Submitting an order constitutes an offer to purchase the selected product.

We reserve the right to accept, reject or cancel an order where reasonably necessary, including where:

payment fails;
a product is unavailable;
pricing information contains an obvious error;
uploaded material cannot legally be reproduced;
uploaded material is technically unsuitable;
fraudulent activity is suspected; or
fulfilment is not reasonably possible.

An order is considered confirmed once it has been accepted and payment has been successfully processed, subject to any required design approval.

Please review all order details carefully before submitting your order.

SECTION 9 – PRICING AND PAYMENT

Prices displayed on our website are those applicable at the time an order is placed, subject to correction of obvious pricing or technical errors.

Applicable taxes, shipping or other charges will be displayed where relevant before checkout or otherwise communicated to the customer.

You agree to provide accurate payment and billing information.

You confirm that you are authorised to use the selected payment method.

Promotional offers and discounts may be governed by additional terms.

SECTION 10 – ORDER CANCELLATIONS

Customers should contact us as soon as possible if they wish to cancel an order.

If production has not started, we may be able to accept the cancellation.

Once customised artwork preparation, printing or production has commenced, cancellation may no longer be possible.

Where customer approval is required, production may commence immediately after approval is received.

Any eligible refund following cancellation will be processed according to our Returns, Refunds & Replacement Policy.

SECTION 11 – SHIPPING AND DELIVERY

Delivery dates provided by InstaART are estimates unless expressly stated otherwise.

Delivery may be affected by circumstances outside our reasonable control, including:

courier delays;
weather;
transport disruption;
incorrect delivery information;
local restrictions; and
other unforeseen circumstances.

Customers are responsible for providing an accurate and complete delivery address.

Please inspect the package promptly upon receipt.

Transit damage should be reported in accordance with our Returns, Refunds & Replacement Policy.

SECTION 12 – DAMAGED, DEFECTIVE OR INCORRECT PRODUCTS

If you receive a mural that is:

damaged in transit;
incorrectly printed;
materially defective;
different from the confirmed design because of our error; or
manufactured in dimensions different from those confirmed in your order because of our error,

please contact us in accordance with our Returns, Refunds & Replacement Policy.

Customers may be requested to provide:

order details;
photographs;
packaging photographs; and
an unboxing video where reasonably available.

Please do not install, cut, alter or discard an allegedly defective mural before the matter has been reviewed.

Eligible claims may result in a replacement, reprint or refund as appropriate.

SECTION 13 – INSTALLATION

Customers are responsible for ensuring that the wall or installation surface is suitable for the product purchased.

Installation should be carried out according to the applicable instructions and, where appropriate, by an experienced installer.

InstaART is not responsible for damage resulting from circumstances outside our manufacturing control, including:

damp or wet walls;
unsuitable surfaces;
poor wall preparation;
incorrect adhesive;
incorrect installation;
incorrect cutting;
stretching;
excessive handling; or
removal and repositioning.

Customers should inspect the mural for manufacturing issues before installation wherever reasonably possible.

SECTION 14 – RETURNS AND REFUNDS

Because many InstaART murals are customised and produced specifically for an individual customer, they are generally not eligible for return merely because of:

change of mind;
incorrect measurements supplied by the customer;
customer-selected size;
customer-selected design;
customer-approved cropping;
customer-approved customisation; or
reasonable colour variation.

Damaged, defective, incorrectly manufactured or incorrectly supplied products remain subject to our Returns, Refunds & Replacement Policy and applicable law.

Our Returns, Refunds & Replacement Policy forms part of these Terms.

SECTION 15 – INTELLECTUAL PROPERTY

Except for Customer Content and material belonging to third parties, the content of the InstaART website, including:

trademarks;
logos;
product photographs;
graphics;
written content;
layouts;
website designs;
illustrations;
videos; and
branding,

belongs to InstaART or its applicable licensors.

Such materials may not be copied, reproduced, commercially exploited or distributed without permission except where permitted by law.

Shopify and other third-party names and trademarks remain the property of their respective owners.

SECTION 16 – PRODUCT IMAGES AND ARTWORK

Images displayed in our catalogue may be protected by copyright or other intellectual-property rights.

Purchasing a mural does not transfer copyright ownership in the underlying artwork unless expressly stated.

Customers purchase the physical product and not intellectual-property ownership of the underlying design.

SECTION 17 – PRIVACY

Personal information provided through our Services is handled in accordance with our Privacy Policy.

Because our store is powered by Shopify and may use payment processors, logistics providers, analytics services and other service providers, certain information may be processed by those providers as reasonably necessary to operate the store and fulfil orders.

Please review our Privacy Policy for further information.

SECTION 18 – THIRD-PARTY SERVICES

Our Services may contain links to or integrations with third-party services including:

Shopify;
payment gateways;
logistics companies;
image-upload services;
analytics providers; and
other technology providers.

We are not responsible for independent third-party websites or services that are outside our reasonable control.

Customers should review the applicable third-party terms where appropriate.

SECTION 19 – RELATIONSHIP WITH SHOPIFY

InstaART is powered by Shopify.

Shopify provides technology supporting our online store but is not the seller of InstaART products.

Orders placed through the InstaART store constitute transactions between the customer and InstaART.

SECTION 20 – REVIEWS, FEEDBACK AND SUBMISSIONS

Where you voluntarily submit a product review, testimonial or feedback, you grant InstaART permission to display, reproduce and use that material for operating and promoting the business, subject to applicable law.

This provision does not automatically grant us unrestricted commercial rights over photographs or artwork uploaded solely for fulfilment of a custom mural order.

Customer-uploaded production artwork is governed separately by Section 4.

SECTION 21 – PROHIBITED USE

You may not use the website or Services to:

engage in unlawful activities;
infringe intellectual-property rights;
upload malicious software;
impersonate another person;
engage in fraudulent transactions;
interfere with website security;
attempt unauthorised access;
misuse other customers' personal information; or
use the Services in a manner prohibited by applicable law.

We may restrict or terminate access where misuse is reasonably suspected.

SECTION 22 – ERRORS AND INACCURACIES

Occasionally our website may contain errors relating to:

product information;
dimensions;
pricing;
promotions;
delivery information; or
availability.

We reserve the right to correct errors and update information.

Where an error materially affects an existing order, we will take reasonable steps to inform the affected customer and provide an appropriate solution.

SECTION 23 – DISCLAIMER

We endeavour to provide accurate product and website information.

However, except for obligations that cannot legally be excluded, our Services are provided subject to availability.

Nothing in these Terms excludes statutory guarantees, consumer rights or remedies that cannot legally be waived.

SECTION 24 – LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, InstaART will not be responsible for indirect or consequential loss arising from circumstances outside our reasonable control.

Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded, including mandatory consumer remedies.

InstaART will not be responsible for losses caused by customer-provided errors including incorrect:

measurements;
delivery information;
uploaded files;
design selection; or
approved customisation,

where the product has been produced according to the information supplied or approved by the customer.

SECTION 25 – INDEMNITY FOR CUSTOMER CONTENT

Where a claim arises because Customer Content supplied by you infringes another person's intellectual-property or other legal rights, you agree to be responsible for losses reasonably arising from your unauthorised submission or use of that material, subject to applicable law.

SECTION 26 – CONSUMER GRIEVANCES

We aim to resolve customer complaints promptly and fairly.

For order-related complaints, please contact us using the details provided below and include your:

name;
order number;
contact information; and
description of the issue.

We may request supporting photographs or other information where reasonably necessary to investigate the complaint.

Nothing in these Terms prevents a customer from exercising rights or remedies available under applicable consumer law.

SECTION 27 – GOVERNING LAW

These Terms and purchases made through InstaART will be governed by the laws of India, subject to mandatory consumer-protection rights and any jurisdiction rights that cannot legally be excluded.

Any dispute will be handled by courts or other competent authorities having jurisdiction under applicable law.

SECTION 28 – SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to apply to the fullest extent permitted by law.