By placing an order, you make an offer to us to purchase products you have selected based on standard Site restrictions, Merchant specific restrictions, and on the terms and conditions stated below.
You are required to create an account in order to purchase any product from the Site. This is required so we can provide you with easy access to print your orders and view your past purchases.
1. Description of Services:
fashionfreak.in provides users with access to sales of luxury and high fashion items online.
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the T&C hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms:
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Site.
5. License and Site Access:
fashionfreak.in grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in fashionfreak.in’s sole discretion) an unreasonable or disproportionately large load on fashionfreak.in’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by fashionfreak.in to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by fashionfreak.in.
6. Membership Eligibility:
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by fashionfreak.in for any reason. Users may not have more than one account. Maintaining more than one account by a user shall amount to fraudulent act on part of the user and attract actions against such user in accordance with the terms of clause 11 below. Additionally, users are prohibited from selling, trading, or otherwise transferring their fashionfreak.in account to another party. If you do not qualify, you may not use the Service or the Site. The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
7. Your Account:
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or fashionfreak.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, fashionfreak.in has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you logout from your account at the end of each session. You agree to notify fashionfreak.in immediately of any unauthorized use of your account or any other breach of security. fashionfreak.in reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. If you know or suspect that someone else knows your password, you should immediately change your password by visiting the My Account section. If fashionfreak.in has reason to believe that there is likely to be a breach of security or misuse of the fashionfreak.in Site, we may require you to change your password or we may suspend your account without any liability to fashionfreak.in.
8. Pricing Information in case of sale by fashionfreak.in:
We strive to provide you with the best prices possible on products and/or services you buy from fashionfreak.in, however, fashionfreak.in does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to fashionfreak.in’s pricing policy and the prices shall be determined only at fashionfreak.in’s sole discretion. While fashionfreak.in strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, fashionfreak.in may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. fashionfreak.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that fashionfreak.in accepts your order the same shall be debited to your credit card account. The payment may be processed prior to fashionfreak.in’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery (“COD”) option.
9. Cancellation by fashionfreak.in:
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of coupons used in these orders shall be pushed back into the user’s account in case of cancellation by fashionfreak.in.
10. Cancellations by the Customer:
In case of requests for order cancellations, fashionfreak.in reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty four) hours from making the order. fashionfreak.in has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by fashionfreak.in and accept fashionfreak.in’s decision regarding the cancellation. In the event of cancellation of order by the customer fashionfreak.in shall not refund the coupons, if any used against such order.
11. Fraudulent /Declined Transactions:
Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account fraudulently shall be liable for legal actions under law and fashionfreak.in reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. fashionfreak.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, fashionfreak.in reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, fashionfreak.in shall owe no liability for any refunds. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
12. Customer Dispute Resolution in case of sale of Coupons :
13. Information by the User to fashionfreak.in in case of lost, stolen, misused or mutilated Coupon :
The Customer must notify fashionfreak.in immediately if the Coupon is lost, stolen, mutilated, not received or if the customer suspects that the Coupon is being used without his/her consent. In the case of loss or theft of the Coupon, the Customer must call us at +91 7777 910 339 during our hours of operation or email us at firstname.lastname@example.org. fashionfreak.in on the receipt of this information will act per its standard operating procedures. If the lost Coupon is subsequently received by the Customer, it should be destroyed and must not be used. Only the replacement/new Coupon issued by fashionfreak.in can be used.
14. Credit Card Details:
You agree, understand and confirm that the credit card details provided by you for availing of services on fashionfreak.in will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to fashionfreak.in. Your credit card information never reaches fashionfreak.in, we just get pass, hold or fail message from our payment gateways. Further the said information will not be utilized and shared by fashionfreak.in with any of the third parties unless required for fraud verifications or by law, regulation or court order. fashionfreak.in will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
15. Submitted Content:
fashionfreak.in does not claim ownership of any materials you make available through the Site. At fashionfreak.in’s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant fashionfreak.in a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified. You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, fashionfreak.in and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
16. Disclaimer of Warranty:
All Content, products and services on the site, or obtained from a website to which the site is linked (A “Linked Site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy all warranties, if any, relating to the product and services would be provided by the manufacturer of such product and not by fashionfreak.in. Any claim in relation to the same should be raised against respective manufacturer/supplier and not fashionfreak.in. In any case whatsoever, fashionfreak.in does not endorse and is not responsible for the accuracy and reliability of any opinion, advice or statement made through the site by any party other than fashionfreak.in, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. other than as required under applicable consumer protection law, under no circumstance will fashionfreak.in be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
17. Limitation of Liability:
you expressly understand and agree that fashionfreak.in and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if fashionfreak.in has been advised of the possibility of such damages), resulting from use of the site, sale and supply of goods content or any related/unrelated services and other services offered on the website from time to time.
You agree to indemnify and hold fashionfreak.in (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.
19. Electronic Communication:
When you use the Site or send emails to fashionfreak.in, you are communicating with fashionfreak.in electronically. You consent to receive communications from fashionfreak.in electronically. fashionfreak.in will communicate with you by email, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Site-Provided Email and Postings:
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. fashionfreak.in is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, fashionfreak.in may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(ii) Advertisements or solicitations of any kind.
(iii) Impersonate others or provide any kind of false information.
(iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.
(v) Messages by non-spokesperson employees of fashionfreak.in purporting to speak on behalf of fashionfreak.in or containing confidential information or expressing opinions concerning fashionfreak.in.
(vi) Messages that offer unauthorized downloads of any copyrighted or private information.
(vii) Multiple messages placed within individual folders by the same user restating the same point.
(viii) Chain letters of any kind.
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to
a) Using fashionfreak.in invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact;
b) Using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and
c) Sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because fashionfreak.in has no control over such sites and resources, you acknowledge and agree that fashionfreak.in is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that fashionfreak.in shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
22. Access to Password Protected/Secure Areas:
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
23. Modifications and Notification of Changes:
24. Copyrights & Trademarks:
fashionfreak.in and its suppliers and licensor’s expressly reserve all intellectual property rights in all text, programs, products, images, music, illustrations, designs, icons, downloads, video clips, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of fashionfreak.in or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to fashionfreak.in or third party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of fashionfreak.in. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of fashionfreak.in or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by fashionfreak.in,one of its affiliates or by third parties who have licensed their materials to fashionfreak.in and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of fashionfreak.in and is also protected by Indian and international copyright laws. The fashionfreak.in names and logos and all related product and service and slogans are the trademarks or service marks of fashionfreak.in. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated. User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. User hereby grants the Company, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions of Section 24 apply equally to and are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensor’s and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The price of our merchandise is inclusive of the GST. The GST charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both central and state tax rates in accordance with the address where the order is being shipped. fashionfreak.in reserves the right to collect taxes for shipping charges wherever applicable. GST / Custom Taxes and Import Duties are not in our control. They vary according to the rules of different countries and must be paid directly by the buyer. GST / Custom Taxes and Import Duties are not included in our ordering process, but may be charged to you by your authorities. International customers are responsible for any customs or duty fees levied by their country. We have no control over these charges and cannot predict where they will occur, as policies vary greatly from country to country. They are entirely your responsibility. The courier company may also charge some additional service charges over and above custom duty on case to case basis
26. Duration of Sale:
Each sale may last up to one week only and the time of beginning of the sale is 11:00 hours IST. Therefore, it is the customer’s responsibility to login earlier if they want to avail better products or styles because fashionfreak.in sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be given and we will alert you only when an item is sold out.
27. Returns and Exchange:
You acknowledge that these terms of returns and exchange are limited to direct sale by fashionfreak.in to you and that these terms of returns and exchange are not available in case of a sale by third party and invoice which shall be governed by the terms of such sale. For this purpose fashionfreak.in must receive the merchandise within 7 days from the date you receive an authorization mail. Items must be unused, unworn, unwashed and undamaged by you. Goods will be returned only if they are returned in their original packaging, including: hangers, poly bags, hang tags on garments and gift boxes. We will either give you a replacement or will give you a complete refund in the form of discount coupons or store credit or refund to bank account, whichever is feasible for us (In case of non-availability of the product), if the return is due to an error on our part (incorrect item sent, damaged/defective product). Also we will reimburse the invoice value as well as the shipping charge that you would bear to return the package in case of complete refund. All returns which are not valid will not be accepted and will be sent back. In such cases shipping charges will not be borne by us. Do send us a scanned copy of the courier receipt (without any overwriting on the amount) as soon as the package is couriered. We have sole discretion in deciding whether to accept the returns or not depending on the merit of the case. To return an item, the customer must write to us at email@example.com, a prompt response is assured to such mails. Alternatively, the customer may even call at our customer care number +91 98241 77869 from Monday to Saturday between 11:00 am to 7:00 pm (IST). fashionfreak.in is not liable for any damages caused to the Product during transit. Our terms and conditions pertaining to returns and exchange can be accessed through the following link and we hereby assume that the same has been read and agreed by you.
28. Refund Clause:
We will either give you a replacement or will give you a complete refund (In case of non-availability of the product), if the return is due to an error on our part (incorrect item sent, damaged/defective product). Also we will reimburse the invoice value as well as the shipping charge that you would bear to return the package in case of complete refund. All returns which are not valid will not be accepted and will be sent back. In such cases shipping charges will not be borne by us. Please also see our Return Policy for further information.
29. Redemption of Coupons:
29.1 Referral Coupons/Free Shopping Coupons: fashionfreak.in provides a Free Shopping Coupon worth Rs. 300 (Rupees Three hundred only) to the referrer, the said coupon can only be redeemed on successful completion of the first purchase by the person referred. The free shopping coupon shall have a validity of 1 (one) month from the date of issue of the Free Shopping Coupon to the referrer, and is redeemable on a minimum purchase of Rs. 2000 (Rupees two thousand only). The referrer will also get a chance to win free gifts wherein fashionfreak.in shall select one lucky winner each month from the list of referrers of that particular month. You can view and use your Referral Coupon during the checkout process. The Free Shopping Coupon shall be visible in the “My Account” section of your account. You can redeem only one referral coupon/refer-a-friend coupon during a single purchase. Referral credit/refer-a-friend coupon shall not be issued to a user in case the referred person has the same delivery address and/or contact number as that of the referring person. fashionfreak.in reserves the right to make changes/amend the policy(s) regarding the referral coupon/refer-a-friend coupon. The user agrees to allow fashionfreak.in to verify the validity of the referrals who register with fashionfreak.in through email/phone call. fashionfreak.in reserves the right to terminate the said promotional referral scheme without any prior notice to its users. The delivery terms along with the other terms as stipulated in this T&C shall be applicable on the Products purchased using the Free Shopping Coupon.
29.2 Other Promotional Coupons:There are other types of limited period coupons which can be issued, or cancelled by fashionfreak.in as part of any campaign or scheme. The terms for these campaigns will be decided by fashionfreak.in at the time of the campaign and these should be acceptable to you. While participating in the fashionfreak.in’s promotional campaign(s), as mentioned herein-above in clauses 29.1 and 29.2, you hereby agree to release and hold fashionfreak.in (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said promotion. 29.3 Store Credit Coupons: In case of returns/exchange, fashionfreak.in shall provide store credit coupons to the users if the requested return/exchange could not be performed. For the purpose of this clause, return/exchange shall be applicable only on apparels. The user shall be provided with a store credit coupon upon the completion of the return/exchange process and the same shall have a validity of 3 (three) months from the date of issue of the store credit coupon. Also visit our clause pertaining to the refund/exchange policy. The Above mentioned coupon/credit cannot be used in parts and has to be used as a whole only. Only one coupon/credit is allowed per transaction. In case the customer wants to get the coupons in various denominations. Example: If the total refund amount is Rs. 3000/- and if the customer wishes to receive three different coupons of Rs. 1000/- each then the customer needs to send a request mail at firstname.lastname@example.org before allotment of the coupon.
30. Offer, Schemes and Contest/Coupons Redemption:
fashionfreak.in reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes (including but not limited to refer-a-friend and coupons) it introduces in market from time to time. fashionfreak.in at its discretion can withdraw a particular scheme from the website or market. The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail. In case of any query please contact us on email@example.com. fashionfreak.in shall introduce various offers, schemes or contest (“Contest”) at different times.
fashionfreak.in endeavours but does not guarantee to deliver the products to customers within 4 weeks during normal days and from the day of close of sale depending upon the shipping location. fashionfreak.in works with different type of suppliers (Manufacturers, distributors, importers etc.) and the delivery time to customers is subject to delivery of products from supplier to fashionfreak.in. Other factors include delay in delivery through the courier partner; transporters’ strike etc. fashionfreak.in reserves the right to make delivery of the goods by installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if fashionfreak.in fails to deliver any one or more of the installments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, fashionfreak.in may at its discretion charge you for the additional shipping cost. Our terms and conditions pertaining to the delivery of the Products can be accessed here and we hereby assume that the same has been read and agreed by you. Further, fashionfreak.in may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following: (i) unavailability of the relevant product; (ii) failure of the concerned manufacturer/supplier/importer to deliver relevant product to fashionfreak.in; (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and (iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages, monetary compensation and/or redeemable coupons. In case fashionfreak.in is unable to deliver the confirmed order(s) as mentioned herein above and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Customer(s) under the Cash on Delivery (“COD”) option.
32. Termination and Survival of Terms after Agreement Ends:
The Company may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any passwords or accounts of the User in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this Agreement. Notwithstanding any other provisions of this T&C, or any general legal principles to the contrary, any provision of this T&C that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this T&C. This User Agreement is effective unless and until terminated by either you or fashionfreak.in. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. fashionfreak.in may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to fashionfreak.in. Upon any termination of the User Agreement by either you or fashionfreak.in, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. fashionfreak.in’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.
33. Site Security:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. fashionfreak.in will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from fashionfreak.in on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
34. Reviews, Feedback, Submissions:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to fashionfreak.in on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain fashionfreak.in’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to fashionfreak.in of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus,fashionfreak.in owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. fashionfreak.in will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. fashionfreak.in is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. fashionfreak.in does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant fashionfreak.in the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify fashionfreak.in and its affiliates for all claims resulting from any Comments you submit. fashionfreak.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
35. Limitation of Liability and Disclaimers:
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site. The Site provides content from other Internet sites or resources and while fashionfreak.in tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. fashionfreak.in will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, fashionfreak.in or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of fashionfreak.in to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. fashionfreak.in, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, fashionfreak.in assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
36. You Agree and Confirm:
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by fashionfreak.in for redelivery shall be claimed from you. That you will use the services provided by fashionfreak.in, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site. You will provide authentic and true information in all instances where such information is requested of you. fashionfreak.in reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), fashionfreak.in has the right in its sole discretion to reject the registration and debar you from using the Services of fashionfreak.in and / or other affiliated websites without prior intimation whatsoever. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through this Site. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
37. You may not use the Site for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorized access to other computer systems. Interfering with any other person’s use or enjoyment of the Site. Breaching any applicable laws; Interfering or disrupting networks or web sites connected to the Site. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
38. Governing Law and Jurisdiction:
This User Agreement shall be construed in accord with the applicable laws of India. The Courts at Surat shall have exclusive jurisdiction in any proceedings arising out of this agreement Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by fashionfreak.in and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended time to time. The arbitration shall be held in Surat. The High Court of judicature at Surat alone shall have the jurisdiction and the Laws of India shall apply.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time fashionfreak.in may offer special promotional offers which may or may not apply to your fashionfreak.in account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by fashionfreak.in. This T&C and the relationship between you and fashionfreak.in will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of Surat, India. The failure of fashionfreak.in to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. fashionfreak.in does not guarantee it will take action against all breaches of this T&C. Except as otherwise, expressly provided in this T&C, there shall be no third-party beneficiaries to this T&C. This T&C constitutes the entire agreement between you and fashionfreak.in and governs your use of the Site, superseding any prior agreements between you and fashionfreak.in with respect to the Site.