TERMS AND CONDITIONS

Access to and use of thefreakindia.com and the products and service available through the website are subject to the following terms, conditions and notices (“Terms of Service”). By browsing through these Terms of Service and using the services provided by our website (www.thefreakindia.com), you agree to all Terms of Service along with the Privacy Policy on our website, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

We reserve the right to review and withdraw or amend the services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website.

INTRODUCTION

The domain name www.thefreakindia.com is a site operated by Freak India Enterprises, a company incorporated under laws of India with our Registered Office D-92/6, Third Floor, Okhla Industrial Area, Phase 1, New Delhi- 110020.

SERVICES

Freak India Enterprises is an online retailer of apparel and lifestyle products offered at great values to the consumer. Membership allows customers to purchase a variety of products. Upon placing an order, thefreakindia.com shall ship the product to you and be entitle to its payment for the service.

THIRD PARTY WEBSITES AND CONTENT

Our website provides links for sharing our content on Facebook, twitter and other such third party website. These are only for sharing and/or listing purpose and we take no responsibility of the third party websites and/or their contents listed on our website (www.thefreakindia.com ) and disclaim all our liabilities arising out of any or all third party websites.

We disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of Freak India on any social networking platform.

PRIVACY

Our Privacy Policy incorporated by reference in these Terms of Service, sets out how we will use personal information you provide to us. By using this Website, you agree to be bound by the Privacy Policy, and warrant that all data provided by you is accurate and up to date.

EXACTNESS OF THE PRODUCT

The images of the items on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the items. Your items may vary slightly from those images. All sizes and measurements of items are approximate; however we do make every effort to ensure they are accurate as possible. We take all reasonable care to ensure that all details, descriptions and prices of items are as accurate as possible.

PRICING

We ensure that all details of prices appearing on the website are accurate, however errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Additionally, prices for items may change from time to time without notice. However, these changes will not affect orders that have already been dispatched. The price of an item includes VAT (or similar sales tax) at the prevailing rate for which we are responsible as a seller. Please note that the prices listed on the website are only applicable for items purchased on the website and not through any other source.

PAYMENT

Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted. For any further payment related queries, please check our FAQs on Payment Mode.

DELIVERY

You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from. An estimated delivery time is displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental agony caused due to delay in delivery.

RETURNS & REFUND

If you change your mind about any items purchased you can return them to us. For more information on Returns and Refund, please refer to our Return Policy

INTELLECTUAL PROPERTY RIGHTS

All and any intellectual property rights in connection with the products shall be owned absolutely by the Company.

LAW AND JURISDICTION

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs arising from your use of this website, your breach of these Terms of Service, or infringement of any intellectual property right.

VIOLATION & TERMINATION

You agree that the Company may, in its sole discretion and without prior notice, terminate your access to the website and block your future access if we determine that you have violated these Terms of Service or any other policies. If you or the Company terminates your use of any service, you shall still be liable to pay for any service that you have already ordered till the time of such termination.

FREAK INDIA TRIBE.

Welcome to the terms and conditions (“Terms”) for Freak India TriBe. These Terms are between you and Freak India Enterprises and/or its affiliates (“Freak India” or “Us”) and govern our respective rights and obligations. Please note that your use of the thefreakindia.com website and subscription to Freak India TriBe membership are also governed by all other applicable terms, conditions, limitations, and requirements on the thefreakindia.com website, all of which (as changed over time) are incorporated into these Terms. If you sign up for a Freak India Tribe membership, you accept these terms, conditions, limitations and requirements.

PROMOTIONAL TRIAL MEMBERSHIPS

We may sometimes offer trials or other promotional memberships to certain customers, which are subject to these Terms except as otherwise stated in the relevant promotional offers. Such trial or promotional memberships may be subject to conditions prescribed by thefreakindia.com These relevant conditions and the term / tenure for such promotional memberships may be different from the Terms.

MEMBERSHIP TERM

The Freak India TriBe membership may be offered by Freak India for different terms and tenures. The key membership are described as under:

TriBe Membership Plan Term Fee
Annual TriBe Membership Yearly (valid for 12 months from date of activation) Rs. 399 (Inclusive of all taxes)
Half-yearly TriBe Membership Half-yearly (valid for 6 months from date of activation) Rs. 299 (Inclusive of all taxes)

TRIBE MEMBERSHIP PLAN TERM FEE

Annual TriBe Membership Yearly (valid for 12 months from date of activation) Rs. 399 (Inclusive of all taxes)
Half-yearly TriBe Membership Half-yearly (valid for 6 months from date of activation) Rs. 299 (Inclusive of all taxes)
You may select the Freak India TriBe membership plan of your choice and you can change the membership plan at any time. The payment method(s) eligible to be used for different TriBe membership plans may vary, and Freak India reserves the sole right to determine the eligible payment methods for each TriBe membership plan.

FEES

The membership fee for Freak India TriBe is stated above, for different membership terms, such as a half-yearly or annual TriBe membership, which are offered. The TriBe membership fee is non-refundable except as expressly set forth in these Terms. All applicable taxes are included in either or both of the membership fee.

Your TriBe membership will automatically be cancelled after the period is completed and would not be auto-renewed. You will need to purchase the membership again to continue and enjoy the privileges of a Freak India TriBe member.

By signing-up for TriBe membership, you confirm that you are a resident of India. You cannot use a credit or debit card issued outside India to pay for any membership fee for Freak India TriBe. You cannot pay for membership fee for Freak India TriBe using Pay on Delivery (POD). Paid Freak India TriBe membership only becomes effective upon successful authorization of payment through the thefreakindia.com website (as the case may be).

DELIVERY BENEFITS AND ELIGIBLE PURCHASES FOR FREAK INDIA TRIBE

Freak India TriBe Delivery Benefits depends upon inventory availability, order deadlines, and the delivery address. They are limited to certain products sold on the thefreakindia.com website. Products eligible for Freak India TriBe will be designated as such on their product pages. If only some items in your order are eligible for Freak India TriBe, you will pay applicable charges for the ineligible items. For items that are not available for fast delivery, Freak India TriBe customers will receive free standard delivery. Changing or combining orders, or changing your delivery address, speed, or preferences might affect Freak India TriBe eligibility. Certain purchases may only be entitled to standard shipping because of their size, weight, and other shipping characteristics.

OTHER LIMITATIONS

  1. We reserve the right to accept or refuse membership in our discretion.
  2. We may send you email and other communications related to Freak India TriBe and your Freak India TriBe membership (regardless of any settings or preferences related to your Freak India account).
  3. You may not transfer or assign your Freak India TriBe membership or any Freak India TriBe benefits, except as allowed in these Terms.
  4. Freak India TriBe members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Freak India TriBe benefits.
  5. From time to time, Freak India may choose in its sole discretion to add or remove Freak India TriBe membership benefits.

MEMBERSHIP ACTIVATION

Your paid Freak India TriBe membership will be activated only on successful payment for Freak India TriBe membership made through the thefreakindia.com website.

MEMBERSHIP CANCELLATION

You may cancel your Paid Freak India TriBe membership any time by visiting Your Account and adjusting your membership settings. If you cancel a Freak India TriBe membership, the membership fee will be not be refunded in any case.

TERMINATION BY US

We may terminate your Freak India TriBe membership at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then membership term, whether annual or half-yearly. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Freak India TriBe membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

LIMITATION OF LIABILITY

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS MENTIONED AT thefreakindia.com WEBSITE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO Freak India TRIBE. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR Freak India TRIBE MEMBERSHIP.

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