Terms & Condition
Welcome to ThePopRage.com. By using or purchasing from our site, it is understood that you are in agreement with our terms and conditions as listed below. The Pop Rage reserves the right to update or modify these terms and conditions at any time without prior notice. The conditions are applicable on your visit to the website ThePopRage.com or use of any service or purchase of any product from The Pop Rage, and hence you are advised to read this Agreement carefully.
The Pop Rage solely reserves the right to accept, reject and remove users from registrations on the website & related web assets without stating any reason thereof. We will not be liable if for any reason this Website is unavailable at any time or for any period. We reserve the right to restrict access to some parts or this entire Website.
Use of the Site & Prohibitions
The Site allows you to shop for products online.
However, you are prohibited to do the following acts:
(a) Use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools
(b) Persons under the age of 18 years but over 13 years of age (Minors) may use this site supervised by a parent or a legal guardian who agree to be bound by these terms & conditions. If the Minor is below 18 years of age, only the Minors parents or legal guardian can transact on behalf of the Minor provided that their parents or legal guardians are registered users
(c) Collecting information about users’ personal information;
(d) Manoeuvring the price of any item;
(e) Post false, inaccurate, misleading, defamatory, or libellous content;
(f) Take any action that may damage the rating system.
For you to complete the sign-up process on our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.
On registering with ThePopRage.com, you become a registered member of ThePopRage.com and hold an account on the website which represents that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You are solely responsible for maintaining the confidentiality of the account and the password. If you have supplied us with your correct email ID then you will receive your order details via email. You solely own the rights of the account. The Pop Rage will not be responsible for any misuse of account. Any account activity found violating polices of ThePopRage.com will stand cancelled and may result in termination of your account/ membership.
License & Site Access
ThePopRage.com does not permit copying or downloading of any kind of content (text, graphics, clip arts, icons, images, audio clips, videos or software) and these are solely owned by The Pop Rage. Any unauthorized use of the content of the website by you shall cease the permission granted to you by The Pop Rage & result in appropriate action. Uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment will not be accepted and will be subjected to appropriate action. The Pop Rage and related web assets on third parties may include links to third party websites that are controlled and maintained by others. Any link to other websites or any other destination on the internet or mobile is not an endorsement of such websites or destination and The Pop Rage or its properties are not liable for the content or availability of any such sites. Unauthorized use of The Pop Rage may give rise to a claim for damages and/or regarded as a criminal offense resulting in appropriate legal action.
Payments & Processes of Invoices
The Pop Rage has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by The Pop Rage prior to the latter’s acceptance of an order. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. The Pop Rage has all the discretion to cancel or deny orders. The Pop Rage is not responsible for pricing, typographical, or other errors in any offer by The Pop Rage and reserves the right to cancel any orders arising from such errors.
The Pop Rage shall strive to ship all customers’ products/orders within 2 – 10 working days from our warehouse. However, in situations beyond The Pop Rage’s control there may be circumstances which cause a delay. In such cases, The Pop Rage will ensure delivery in the earliest possible timeframe
Return & Exchange Policy
All articles sold on ThePopRage.com can be returned or exchanged in the original condition. To be eligible for a return/ exchange, please be sure to inform us within 48 hours of receipt of your products via email along with a reason for the return. In case of returns, the amount of the returned article will be refunded fully in the form of Store credits to the customer account from which the purchase was executed. The store credits are valid for a period of 6 months from the day they are granted. Store credits for exchange/return will be processed within 5 days after the articles are received at the warehouse and have passed our Quality Tests.
Product Pricing & Descriptions
The Price displayed for products on our website represents the full retail price listed on the product itself, suggested by The Pop Rage estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent an “open-stock” price, which means the aggregate of the estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by The Pop Rage, the List Price may be provided by The Pop Rage. In cases of mispriced products in our catalogs in which the item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, the remedy is to return it in unused condition as per our returns & exchange policy above.
Editing, Deleting, and Modification
We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. Your continued participation in our program, visit and shopping on our site following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.
Acknowledgment of Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
Fraudulent activities are highly monitored on our site and if fraud is detected The Pop Rage shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Warranty Disclaimer & Limitations of Liability
We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to The Pop Rage by an end-user customer pursuant to a Program is proprietary information of The Pop Rage. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non – Waiver
Failure of the The Pop Rage to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of India, without any reference to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of India, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.