Terms & Condition
www.hyperfreaknutrition.in (‘Website’) is an online service owned by Hyper Freak Nutrition (Canada) operated and managed by A.S Overseas (‘HYPER FREAK NUTRITION’ or ‘we’ or ‘us’). In using/accessing the HYPERFREAKNUTRITION website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time (‘User Agreement’), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at firstname.lastname@example.org or call us on 9988865512. We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
OWNERSHIP OF RIGHTS:
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 explicit permission of HYPERFREAKNUTRITION. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by HYPERFREAKNUTRITION or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
ACCURACY OF CONTENT AND INVITATION TO OFFER:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Prices are displayed inclusive of Goods and Service tax (GST), if any. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of HYPERFREAKNUTRITION prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
o Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this
o User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the HYPERFREAKNUTRITION and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
o HYPERFREAKNUTRITION strives to provide best prices possible on products and services to users buying or availing from the Website. However, HYPERFREAKNUTRITION does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the HYPERFREAKNUTRITION;
o The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
o All offers on Products shall be for limited stocks and are for limited period(s). HYPERFREAKNUTRITION may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
o A promo code, once used shall not be refunded in case of cancellation of order either by Customer or HYPERFREAKNUTRITION;
o We don’t run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user’s explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
o All products sold on hyperfreaknutrition.in through our sellers are genuine. All sellers listing their products on hyperfreaknutrition.in are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on hyperfreaknutrition.in. However this guarantee is not applicable for manufacturing defects.
o HYPERFREAKNUTRITION may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. HYPERFREAKNUTRITION ‘s decision of cancellation of order shall be final and HYPERFREAKNUTRITION shall not be liable for such cancellation(s) whatsoever;
o Expected delivery time as mentioned on website may vary than the usual time of delivery;
o HYPERFREAKNUTRITION strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, HYPERFREAKNUTRITION may, at its discretion, either contact User for instructions or cancel the User’s order and will notify the User about such cancellation;
o HYPERFREAKNUTRITION shall have right to modify the price of a product or service any time, without any prior information;
o HYPERFREAKNUTRITION may also require additional verifications or information before accepting any order. HYPERFREAKNUTRITION will contact the User if all or any portion of User’s order is cancelled or if additional information is required to accept the User’s order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User’s credit card account;
o Cancellation by HYPERFREAKNUTRITION: There may be certain orders that HYPERFREAKNUTRITION is unable to accept and must cancel. HYPERFREAKNUTRITION reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User’s order includes, without limitation, non-availability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by HYPERFREAKNUTRITION ‘s credit and fraud avoidance department;
o Cancellation by the User: In case of requests for order cancellations, HYPERFREAKNUTRITION, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if HYPERFREAKNUTRITION receives a cancellation notice and the order has not been processed/ approved by HYPERFREAKNUTRITION shall cancel the order and refund the entire amount to User within a reasonable period of time;
o HYPERFREAKNUTRITION will not be able to cancel orders that have already been processed, it is pertinent to note that the HYPERFREAKNUTRITION has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the HYPERFREAKNUTRITION is acceptable to User and User shall not create any dispute on the decision taken by HYPERFREAKNUTRITION on cancellation;
o HYPERFREAKNUTRITION reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by HYPERFREAKNUTRITION as per certain criteria. HYPERFREAKNUTRITION Reward Point or Promo Code used for placing the ‘Bulk Order’ will not be refunded as per this cancellation policy. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, which may not be exhaustive, viz:
0. Products ordered are not for self-consumption but for commercial resale;
1. Multiple orders placed for same product at the same address;
2. Bulk quantity of the same product ordered;
3. Invalid address given in order details;
4. Any malpractice used to place the order.
o HYPERFREAKNUTRITION Reserves the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
o Limitation of Liability: Under no circumstances HYPERFREAKNUTRITION’s liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
o These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.
You shall not use the Website for any of the following purposes:
o Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
o 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.
o Gaining unauthorized access to other computer / network systems.
o Interfering with any other person’s use or enjoyment of the Website.
o Breaching any applicable laws.
o Interfering or disrupting networks or websites connected to the Website.
o Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
o You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that belongs to another person and to which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
o harm minors in any way;
o infringes any patent, trademark, copyright or other proprietary rights;
o violates any law for the time being in force;
o deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
o impersonate another person;
o contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
o threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
o violating or attempting to violate the integrity or security of the Website or its content;
o transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
o intentionally submitting on the Website any incomplete, false or inaccurate information;
o making any unsolicited communications to other users of the Website;
o using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
o attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
o copying or duplicating in any manner any of the content on the Website or other information available from the Website;
o framing or hotlinking or deeplinking any content on the Website.
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. 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, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to 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 / debit card account. We strive to provide you with best value; however prices and availability are subject to change without notice. Our promotional offers/discounts are not site wide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost. You agree to defend, indemnify and hold harmless HYPERFREAKNUTRITION, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to HYPERFREAKNUTRITION or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
ELIGIBILITY TO USE:
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.
REFUSAL OF SERVICE:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
“We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the “unsubscribe” link in any email that we send to you or register as a Do Not Disturb user. Within 15 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service”.
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit 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. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyer’s fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
WEBSITE FEEDBACK, USER COMMENTS AND USER GENERATED CONTENT:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We 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. We are 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 Website 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 Website 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’. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us 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 us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
COPYRIGHT & TRADEMARK:
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us. 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 our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The HYPERFREAKNUTRITION names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HYPERFREAKNUTRITION or licensed to HYPERFREAKNUTRITION. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. 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 Content, the Website or any related software. All software used on this Website is the property of HYPERFREAKNUTRITION or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Website is strictly prohibited. Unless otherwise noted, all Content are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us, our affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is the exclusive property of HYPERFREAKNUTRITION and is also protected by Indian and international copyright laws. We don’t offer any Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark of another.
You understand that by using this Website or any services provided on the Website, 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 Website and any service at your sole risk and that to the fullest extent permitted under applicable law, we and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
This User Agreement is effective unless and until terminated by either you or us. You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post that you no longer wish to be associated with this Website, provided that you discontinue any further use of this Website. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to HYPERFREAKNUTRITION. Upon any termination of the User Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our 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 Website or affect any liability that may have arisen under the User Agreement.
LIMITATION OF LIABILITY AND DISCLAIMERS:
The Website is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website. The Website provides content from other Internet websites or resources and while we try to ensure that material included on the Website is correct, reputable and of high quality, we shall not be held liable or responsible if this is not the case. We 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 Website. 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, we or our 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 Website, its services or this User Agreement. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you. HYPERFREAKNUTRITION, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. We 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 Website; and/or any interruption or errors in the operation of the Website.
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:
o Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
o Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
o Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, ‘flooding,’ ‘spamming’, ‘mail bombing’ or ‘crashing;
o Sending unsolicited email, including promotions and/or advertising of products or services; or
o 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. We 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 Website or any activity being conducted on this Website. 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 Website other than the search engine and search agents available from HYPERFREAKNUTRITION.
o “We have in place appropriate technical and security measures to prevent unauthorized or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secured server through firewalls. The Company does not access, store or keep debit card data or credit card data and or any financial information. All transactions done using Secure Server Software (SSL) for 128 bit encryption through third party gateways and HYPERFREAKNUTRITION plays no role in the transaction, except for directing the customers to gateways or relevant webpage(s). Accordingly, HYPERFREAKNUTRITION shall not be responsible or liable for any loss or damage due to any disclosure whatsoever of Personal Information while using the third party gateways and or website. HYPERFREAKNUTRITION shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any Personal Information concerning the User’s account and / or information relating to or regarding online transactions using credit cards/debit cards/cash cards/net banking and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of your information. To protect your privacy and security, we will verify your identity before granting access or making changes to your Personal Information. If you have registered your profile on the Website, your ID and Password are required in order to access your Account. You are responsible for protecting against unauthorized access to your password and to your computer.”
above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the User Agreement shall continue in effect. Unless otherwise specified herein, this User Agreement constitutes the entire agreement between you and us with respect to the Websites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Websites/services. Our failure 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.
If any User has any grievance, comment, question or suggestion regarding any of our Product/Services, please contact our Grievance Officer , who will redress the grievances of the Users expeditiously but within one month from the date of receipt of grievance, and who can be reached by:
o Sending a letter marked to the attention of Grievance Officer, A.S Overseas ,Sco 96B, 1st Floor, Dee Ess Complex , Dhakoli, Zirakpur , Punjab 160104; or
o Sending an email to email@example.com
HEALTH RELATED INFORMATION:
Health Related Information. The information contained in the Web Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Web Site (including, but not limited to, information that may be provided on the Web Site by healthcare or nutrition professionals employed by or contracting with HYPERFREAKNUTRITION) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all products packaging prior to use. The results from the products will vary from person to person. No individual result should be seen as typical.
SHIPPING AND DELIVERY:
All Products purchased from the Website shall be delivered to the User by standard courier services by HYPERFREAKNUTRITION or on behalf of the respective Sellers through a logistics partner. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
o HYPERFREAKNUTRITION shall not be responsible for any delay in the delivery of the Products. HYPERFREAKNUTRITION shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
o The logistics partner supported by HYPERFREAKNUTRITION will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
o All orders placed from Monday to Friday (excluding public holidays) will have an estimated time of delivery within 7 working days upon confirmation of payment. This could vary with circumstances such as online security checks, shipping restrictions, payment authorization, packing and dispatching of order. An email confirmation will be sent for all orders once received.
o For all international deliveries, the time taken is dependent on our logistics partners and their affiliates. However, rest assured that your order is safely on its way For all international orders, you will need to pay for all import taxes, duties and tariffs (if any) as per your country’s governing laws in order to clear customs.
o An estimated delivery time shall be 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.
o Sometimes, delivery may take longer due to inter alia:
0. bad weather
1. flight delays
2. political disruptions
3. other unforeseen circumstances
o In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
o The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
o Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
o However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
o No deliveries of the Products shall be made outside the territorial boundaries of India.
o In case a User purchases multiple Products in one transaction, HYPERFREAKNUTRITION may deliver the same together. However, this may not always be possible and shall be subject to availability of stock.
o If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
o HYPERFREAKNUTRITION shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
RETURN, REPLACEMENT AND REFUND:
All Products ordered from the Website and successfully delivered to the User by HYPERFREAKNUTRITION may be returned to HYPERFREAKNUTRITION in accordance with the terms contained in the respective policy.
However, no Products will be accepted by HYPERFREAKNUTRITION if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if as per the Seller the product returned is not the Product that was delivered (d) any other circumstances that the Website and/or the Seller may notify or deem appropriate from time to time.
In case of returns/Exchange:
1. Return/Exchange should be initiated within 15 days of order delivery.
2. The tags on the product should be intact.
3. The product should be unused and in an undamaged condition.
4. The item needs to be returned along with the original packaging.
If the user wants to return the product within 15 days from the delivery date and HYPERFREAKNUTRITION does not offer pickup of the items, then user can return the package using any courier service of his/her choice.
A.S Overseas ,
Sco 96B, 1st Floor, Dee Ess Complex , Dhakoli, Zirakpur , Punjab 160104
How can I Self-Ship the product to HYPERFREAKNUTRITION?
o If your area pin code is not serviceable for pickup, you will need to self-ship the return item via any reliable courier partner. Please ensure to place a sheet of paper with the details of Order ID and Return ID for each item included in the package. For all self-shipped returns, you will be duly reimbursed the shipping costs. Therefore, please ensure that scan copy of courier bill/receipt is shared via email to firstname.lastname@example.org. The courier bill/receipt should satisfy the following conditions for successful processing:
• It should capture the weight of the return package.
• Residential/office address, destination address, shipment date, amount and other details should be mentioned.
• The information on the receipt should NOT be edited/over-written.
• The courier charge (amount mentioned on the receipt) should not overshoot the Sender- Destination-Service combination and shall be cross checked with the courier company.
• This is subject to your returns being inspected and successfully processed upon receipt at our end.
What should I do if I receive a Damaged item, wrong product or missing units in my order?
o If an item is found damaged, missing or incorrect as per your order & the description on our website, customers have to escalate a concern with us within 48 hours of delivery. Send us a picture of the packaging and products at email@example.com or call on +919988865512 within those 48 hours (excluding gazetted holidays & Sunday). We will arrange a reverse pickup for the product and then issue either a full refund or a different item in exchange, as per your request. Replacements are subject to availability of the particular product. Please note the usual 15-day return policy won’t be applicable in these kinds of cases.
o In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered to HYPERFREAKNUTRITION or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. However, non-receipt of Product by the HYPERFREAKNUTRITION may lead to no refund/exchange being issued to the User. The User waives any claims against HYPERFREAKNUTRITION in this regard.
o Refunds for courier charges shall be against a valid RVP slip/written confirmation from the courier company that the RVP has been done for a particular shipment/order.
o In case of any discrepancy in the status of reverse pick up of a Product, (where the Users claims the Product has been returned, while our system suggests otherwise) refund will be initiated only if the Users successfully furnishes the RVP slip given at the time of the pick-up.
o HYPERFREAKNUTRITION will not be liable for the products returned by mistake. In circumstances where a product not belonging to HYPERFREAKNUTRITION is returned by mistake, HYPERFREAKNUTRITION is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
o Size exchange can be availed only once at the special price of an item. Please take note that this is applicable only on Products that are exchangeable, as mentioned on the product page.
o Once returned or in case the User does not receive the delivery within the time period agreed the User will be entitled to claim refund of the entire cost of the Product after adjusting relevant courier charges and such other charges that the Website may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.
o All Products ordered by the User shall be eligible to be replaced in accordance with the HYPERFREAKNUTRITION’s replacement policy as indicated herein above, if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website.
o In case of Size Exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged.
o Refund, if any, shall be made within 15 working days of the receipt of the returned product by HYPERFREAKNUTRITION, at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website.
o For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
o All refunds shall be made in Indian Rupees only.
o The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
o All Users and Sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, HYPERFREAKNUTRITION reserves the absolute right to cancel all past, pending and future orders without any liability. HYPERFREAKNUTRITION also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Website and stock unavailability. We may also require additional verifications or information before accepting any order. We may 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 card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the cancelled orders may not be refunded. Further, in case of suspicious transactions, HYPERFREAKNUTRITION reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
o The User may be considered fraudulent if inter alia any of the following scenarios are met:
0. Users doesn’t reply to the payment verification mail sent by HYPERFREAKNUTRITION.
1. Users fails to produce adequate documents during the payment details verification
2. Misuse of another Users’s phone/email
3. Users uses invalid email and phone no.
4. Overuse of a voucher code
5. Use of a special voucher not tagged to the email ID used.
6. Users returns the wrong product
7. Users refuses to pay for an order
8. Users is involved in the snatch and run for any order
o The User may be considered loss to business if any of the following scenarios are met:
0. User with a very high return rate
1. Invalid/Incomplete address cases
2. Repeated request for monetary compensation for petty issues
Account for the Users falling in fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case.
o HYPERFREAKNUTRITION may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by HYPERFREAKNUTRITION:
0. Products ordered are not for self-consumption but for commercial resale
1. Multiple orders placed for same product at the same address, depending on the product category
2. Bulk quantity of the same product ordered
3. Invalid address given in order details
4. Any malpractice used to place the order
Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
o If a User raises a complaint for partial item/partial order:
0. The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
1. An Email will be sent seeking/providing following information:
o Short description of the case (A few questions will be asked to help us understand the scenario).
o The snapshots of the packet and other box (If any) (Try to cover the sides which look tampered/damaged as per the Users)
o The refund for prepaid orders will be done after investigation
2. The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
o Users fails to provide adequate information about the case
o Users fails to provide snapshots of the packet and box (if any)
o If an opened delivery was received, pilferage claims must be made the same day
o Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.