Terms of Use
Dear User,
Please Review This User Agreement Carefully. The Following Terms Govern Your Use Of The Website.
Regards
Fresh Arrival Team.
ACCEPTANCE
Access to and use of www.fresharrival.in 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.fresharrival.in), you agree to all Terms of Service along with the Privacy Policy on our website, which may be d by us from time to time.
This User Agreement (the “User Agreement”) is a contract between you and Fresharrival and applies to all users of the Website. In this User Agreement “you” or “your” means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), “you” or “your” shall also include such person’s parent or legal guardian.
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.
READ THIS USER AGREEMENT CAREFULLY. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE AND SHOULD EXIT THE WEBSITE NOW.
Introduction
The domain name www.fresharrival.in is an online ecommerce portal operated by MANORMA & SONS LLP. A company incorporated under laws of India with our registered office at MANORMA & SONS LLP, First Floor, B, 1046, Shastri Nagar, North West Delhi, North West, Delhi, 110052 (“Company”).
Services
www.fresharrival.in is an online portal of apparel, lifestyle products like T-Shirts Shirts, Jeans, Tops e.t.c offered at great values to the consumer. Membership allows customers to purchase a variety of products. Upon placing an order, fresharrival.in 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.fresharrival.in) 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 Fresharrival on any social networking platform.
Privacy Policy
Our Privacy Policy (as currently d on the website) incorporated by reference in these Terms of Service, sets out how we will use the 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. Any other posted guidelines or rules applicable to any individual use of the Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules. If you do not agree with our Privacy Policy, you may not continue to access or use the Website.
Website Access
· Your use of the website is solely for your personal, non-commercial use
· You will not copy or distribute any part of the website in any medium without Fresharrival.in written authorization
· You will otherwise comply with the terms and conditions of these Terms of Use.
· You will need to create an account on the website in order to access some of its features. You are not authorized to use another user’s account with the user’s permission. When you create your account, you must provide information that is accurate. You are solely responsible for the activity that occurs on your account. Once you create an account you agree to
a. Immediately notify Fresharrival.in of any unauthorized use of your password or account of any other breach of security, or any suspected breach of security including but not limited to loss, theft, or unauthorized disclosure of your password.
b. Ensure that you exit from your account at the end of each session. Fresharrival cannot and will not be liable for any loss of damage arising from your failure to comply with this.
You shall be responsible for maintaining the confidentiality of your password, which you will not be under an obligation to reveal to any representative or agent of Fresharrival cannot and will not be liable for any loss or damage arising from your failure to protect your password’s confidentiality.
Please note that if you create an account at Fresharrival,in you represent that you are of legal age to form a binding contract, have the requisite authority to bind the other party to this agreement and are not a person barred by any law from using the Fresharrival website. You shall not use the website if you are not legally competent to form a binding contract.
You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to your registration information as soon as possible. If Fresharrival.in suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subjected to suspension or termination, and you may be barred from using Fresharrival website.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “scrapers”, or similar technological devices or programs. Notwithstanding the foregoing, Fresharrival grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fresharrival reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion
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.
If you have any questions, comments or requests regarding our Terms of Service or the website please contact us at [email protected].
Credit card and Debit Card details
You agree understand and confirm that the credit card and debit card details provided by you for availing the services on Fresharrival will be correct and accurate and you shall not use the credit card which is not lawfully owned by you.
You further agree and undertake to provide correct and valid credit card details to Fresharrival. Further the said information will not be utilized and shared by Fresharrival with any of the third parties unless required by law, regulation or court order. Please note that you would be directed to third party websites where you would be required to submit your card details and other particulars.
Exactness Not Guaranteed
Fresharrival hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Once you place an order on the website a representative of Fresharrival would call you or send you an approval request via email you are requested to suggest the alterations, if any in the email. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 7 days of it being sent to you.
User Conduct and Rules
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:-
· Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
· Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
· Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents
· Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer
· Conduct or forward surveys, contests, pyramid schemes or chain letters
· Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner
· Falsify or any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
· Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service
· Violate any applicable laws or regulations for the time being in force in or outside India and 10. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
Report Abuse
As per these terms, users are solely responsible for every material or content uploaded on to the website. Fresharrival does not review the contents in any way before they appear on the website. Fresharrival does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these terms, please report to [email protected] by providing the following information:-
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest.
· A description of the copyrighted work and/or trademark claimed to have been infringed.
· A description of where the claimed infringing Content is located on our Site.
· your address, telephone number, and email address
· A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law
· A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
The Notice of claims of copyright or other intellectual property infringement can also be reached as follows- By mail: “Company Address”
Termination
“Fresharrival” may, under certain circumstances and without prior notice, immediately terminate your account and access to the Website and any other “Fresharrival” services. Cause for such termination shall include, but not be limited to:-
· Breaches or violations of the Terms of Use.
· Requests by law enforcement or other government agencies.
· A request by you (self-initiated account deletions).
· Discontinuance or material modification to the Website (or any part thereof).
· Unexpected technical or security issues or problems.
· Extended periods of inactivity.
· Engagement by you in fraudulent or illegal activities.
· Your actions that have caused or may cause any harm, damage or loss to the other Users or “Fresharrival”.
Warranty Disclaimer
You agree that your use of the website shall be at your sole risk to the fullest extent permitted by law, “Fresharrival” and any parent, subsidiary, affiliate, director, officer, employee, licensor, distributor, supplier, agent, reseller, owner, or operator of Fresharrival, disclaim all warranties, express or implied, in connection with the website and your use thereof. Fresharrival makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to this site and assumes no liability or responsibility for any :-
· Errors, mistakes, or inaccuracies of content.
· Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website.
· Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
· Any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or
· Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.
Fresharrival does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and Fresharrival will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Fresharrival or through or from the service shall create any warranty not expressly stated in the terms of use. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Governing Law
This site is created and controlled by Fresharrival which is a sole proprietorship having its place of business in New Delhi, India as such the laws of India shall apply and courts in Delhi shall have the exclusive jurisdiction in respect of all the terms and conditions.
Delivery Policy
Please note we usually take 7-8 working days for delivery from the date you place the order. Please note this delivery timeline is for single order at Fresharrival only. For bulk Orders, the delivery timelines range from 12-15 days. We use our logistic partners for deliveries. Our logistic partners are Trackon, Anjani and Skyping. If you want more details about delivery, you can mail us via [email protected] with the information of your order or submit an inquiry via the following link http://www.fresharrival.in/contact-us.aspx
Cancellation Policy
Please note that Fresharrival reserves the right to not execute the order received on its website from the user if the product is out of stock in which case the money would be refunded back to the user within 15 days. Additionally if the user is not satisfied with the product, just inform the details along with the order no. and return back the goods within 3 days in original condition, so that we can refund your money back (Except shipping charges). The cancellation and returns are subject to management approval. For this you will have to get in touch with us via email at [email protected].
General Terms for Offers and Promotions
· Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
· Only one credit note/gift coupon/coupon can be used per order unless otherwise stated.
· Discount coupons - Discount coupons may from time to time be offered to account holders such coupons may only be applied to purchases made through the account to which the discount coupon was offered and registered.
· Promotional discount coupons - We may from time to time offer promotional discount coupons which may apply in respect of any, or certain specified, purchases made though this Website.
· Fresharrival reserves the right to change/modify/add/ any of the terms and conditions prevailing on the different promotional schemes it introduces in market from time to time. Fresharrival at its discretion, can withdraw a particular scheme from the website or market. In case of any query pertaining to use of coupon and/or credit note or regarding the schemes, please email customer care at [email protected].
· We may further anonymized data about users of the Site generally and use it for various purposes, including ascertaining the general location of the users and usage of certain aspects of the Site or a link contained in an email to those registered to receive them and supplying that anonymized data to third parties such as publishers. However, that anonymized data will not be capable of identifying you personally
Communications Notifications
You acknowledge and agree that all communications and documents between you and Fresharrival with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Fresharrival shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or web site users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users.
License Grant
This User Agreement grants to you a limited license to access and use the Website and its content for your personal, non-commercial use so long as any display of any Fresharrival Materials shall be in their entirety including any adjoining or embedded advertisements or other visual elements. Any attempts to otherwise access or display the Fresharrival Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Website and/or the Fresharrival Materials, in whole or in part. You may not make any modifications to any Fresharrival Materials other than as expressly permitted by us or the applicable Licensor.