Terms & Conditions
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Shoesfreak is not and cannot be a party to or control in any manner any transaction between the Website's Users.
1. All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Shoesfreak does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers.
2. Shoesfreak does not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. Shoesfreak does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Shoesfreak accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Shoesfreak is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. Shoesfreak cannot and does not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. Shoesfreak shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
4. Shoesfreak does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
5. Shoesfreak does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
6. At no time shall Shoesfreak hold any right, title or interest over the products nor shall Shoesfreak have any obligations or liabilities in respect of such contract entered into between buyers and sellers. Shoesfreak is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Shoesfreak is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the seller and the buyer.
8. At no time shall Shoesfreak hold any right, title or interest over the products nor shall Shoesfreak have any obligations or liabilities in respect of such contract.
9. Shoesfreak is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
10. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
Contents Posted on Site
Rules of Conduct On Site
1. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
3. Any information provided by you on this site shall not be misleading in any way.
4. You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner), if it in any way:
a. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
b. harasses or advocates harassment of another person;
c. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
d. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
e. infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
f. promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
g.contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
h. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
i. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
j. contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
k. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
m. solicits gambling or engages in any gambling activity which Shoesfreak, in its sole discretion, believes is or could be construed as being illegal; n.contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
o.interferes with another user's use and enjoyment of the Sites or any other individual's user and enjoyment of similar services; or
5. You must use the Sites in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Sites, including without limitation, collecting usernames and/or email addresses of registered members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access.
7. You understand that Shoesfreak has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Sites) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
9. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Shoesfreak shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.
10. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Sites and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Sites, and that the recipient may use such information to harass or injure you. Shoesfreak does not approve of such unauthorized uses but by using the Sites you acknowledge and agree that Shoesfreak is not responsible for the use of any personal information that you publicly disclose or share with others on the Sites. Please carefully select the type of information that you publicly disclose or share with others on the Sites.
11. Shoesfreak shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Shoesfreak reserves the right to delete such multiple listings of the same product listed by you in various categories.
Shoesfreak does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on Shoesfreak’s website, which are linked through including but not limited to Affiliates and sites using Shoesfreak’s APIs. In addition, Shoesfreak provide links to the sites of affiliated companies and certain other businesses for which, Shoesfreak is not responsible for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of their website.
This site may contain links to other web sites or you may be linked through other web sites ("Linked Sites"). The Linked Sites are for your convenience only and you access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not Shoesfreak is affiliated with sponsors of the sites.
We do not in any way endorse the Linked Sites.
We welcome links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Shoesfreak. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without the express written consent of the owner of the mark or materials. You must not frame or otherwise incorporate into another web site or present in conjunction with or juxtaposed against such a web site any of the content or other materials on the Website without our prior written consent.
1. You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided by Shoesfreak on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Shoesfreak does not warrant that:
1. This website will be constantly available, or available at all; or
2. The information on this website is complete, true, accurate or non-misleading.
Shoesfreak will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, this website.
Shoesfreak does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through this site; their servers; or electronic communication sent from Shoesfreak are free of viruses or other harmful components.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Certain state laws do not allow limitations on implied warranties
or the exclusion or limitation of certain damages. If these laws apply to you,
some or all of the above disclaimers, exclusions, or limitations may not apply
to you, and you might have additional rights.
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by Shoesfreak via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Shoesfreak will not use your personal information to initiate any promotional phone calls or SMS'es.
While availing any of the payment method/s offered by Shoesfreak, Shoesfreak is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to :
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your "Bank/s",
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Punjab. Jurisdictional Issues/Sale in India Only
unless otherwise specified, the material on the Website is presented solely for the purpose of sale India. Shoesfreak makes no representation that materials on the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Shoesfreak is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Shoesfreak tries to be as accurate as possible. However, Shoesfreak does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers' prices of the product may vary. Shoesfreak will try to be accurate, however if you come across any difference in pricing on the Website pre and post orders, we request you to contact us within 72 (Seventy Two) hours of placing your order. Shoesfreak shall then refund the difference amount within 10-15 business days of intimation. The mode of refund will be the same as at the time of placing the order or as specified in the refund policy. Cash on Delivery order refunds will be done by Cheque. If Shoesfreak comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
REFUNDS & CANCELLATIONS
Shoesfreak hopes that you never have to cancel or return a product. At the same time, we would be there to help you whenever you do so due to certain circumstances. As a first step we are laying out our cancellation and return policy to take care of your hassles.
ORDER HAS NOT BEEN SHIPPED YET: Any order which has not been shipped can be cancelled partially or fully. The amount paid by you (if it is a prepaid order) would be refunded to you and should reflect in your account in 7-10 days.
ORDER WAS DAMAGED WHEN RECEIVED: We mandate that sellers listed on our website take utmost care while packaging to ensure that the product reaches you the way you had seen it on our website. However, due to situations beyond control, the items delivered might get damaged in transit. The sellers would replace or cancel your order under such circumstance. We would request you to inform us and the sellers of the damage within 48 hours of receipt of order.. Any refund would happen only after proper check of the damaged material.
INCORRECT ITEMS RECEIVED: We are proud of the robustness of our fulfilment process and the right shipment would reach the right person at the right place. In case you receive items that are different from the ones you ordered, we will require the sellers to ship the right items to you right away. Please send us an email at customercare@Shoesfreak.com with the order ID and complaint details. We would respond to it in 48 hours. We would try and reverse pick up the product from your location wherever possible, at other locations we will try and find a mutually agreeable solution. Refund would be processed after the item has been shipped back or picked up from customer location.
Any other reasons for cancellation or return would be handled on a case to case basis
Following shall not be eligible for return or replacement
1. Damages due to misuse of product
2. Incidental damage due to malfunctioning of product
3. Any consumable item which has been used or installed
4. Products with tampered or missing serial / UPC numbers
5. Any damage / defect which are not covered under the manufacturer's warranty
6. Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product(s) delivered
Refunds are made as follows: 1. If the payment was made in cash then the refund is made in the form of coupon codes 2. If the payment is made using a credit/debit card (or any form of net banking) then the amount is credited back to the same account from which the payment was made.
Cancellation of order
Shoesfreak reserves the right to cancel any order without any explanation for doing so, under situation where Shoesfreak is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Website policy or for any other reason. However, Shoesfreak will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Mumbai.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale India. Shoesfreak makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Shoesfreak is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Shoesfreak. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
You agree that any use on the site is at your own risk and Shoesfreak is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Products sold on the Website are not for people below aged 18, however any products available for children below age 18, can be bought by adults.