Purchase Order Policy

Purchase Order Policy

1. Introduction

a. The domain http://www.FreeSparrowKids.com including any web-pages thereof is the web-site (“Website”) of Free Sparrow (hereinafter “Free Sparrow”, “we”, “us”or“our”) having its registered office at D-1, Plot No.5, Akurli Nivant CHS Ltd, MHADA Road No.1, Akurli Road, Lokhandwala Township, Kandivali East, Mumbai – 400101.

b. Please also read Terms and Conditions (“Terms”) and other policies as set out on the Website before proceeding to place an order. By placing a purchase order, it shall be deemed that you have read the Terms and Conditions and other policies including this policy and the same are acceptable and binding upon you.

2. Invitation of Offer and Acceptance of Offer

a. All products and information displayed on Website is Free Sparrow’s invitation to offer and not an offer. Your order for purchase of any products constitutes your offer which shall be subject to Terms and the conditions as listed in this policy. We reserve the right to accept or reject your offer in part or in full.

b. Acceptance of your order for purchase by us will take place upon dispatch of the product(s) ordered. For avoidance of doubt, no act or omission by Free Sparrow prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

c. 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 an offer to Free Sparrow and Free Sparrow reserves the right to accept or reject such balance order.

d. We may also require additional verifications or information before accepting any order. If you have provided us with your contact details such as mobile number, phone number or e-mail address, we will call you or send you an e-mail or use any other mode of communication for obtaining additional information from you to accept your order.

e. Free Sparrow may either call you or send an e-mail or through any other mode of communication notify you, as soon as possible, the (i) receipt of your order; or (ii) confirm dispatch of product(s) and acceptance of your order.

f. With respect to product(s) sold on the Website, we receive payment from you before your order has been shipped. If, for any reason, we are unable to deliver you the product(s), as per your order, we will inform you about the same and even refund the value of the product(s) not available or incapable of delivery. In case where the product(s) are sold on the Website but payment terms are ‘Cash on Delivery’ then Free Sparrow will only inform you about its inability to accept your offer.

g. Free Sparrow processes one shipping address per order. Therefore, if you would like to order several items and have these items shipped to different people, we will treat each shipping address as separate orders.

3. Exactness Not Guaranteed

a. Free Sparrow hereby disclaims any guarantees of exactness as to the finish or appearance of the product/merchandise as ordered by you.

b. There is also a possibility that you may need to alter the merchandise to ensure that it properly fits the wearer due to variation in the styles and designs.

c. We endeavor to provide you merchandise which is of best quality. However, we do not take any guarantee that the merchandise will meet your expectation as many of these merchandises are handmade and there may be variation in each piece.

d. We have taken all steps to ensure that the colour, size, shapes, design and other features of the products/merchandise that are displayed on our Website is accurately reproduced so as to resemble the actual product. However, the graphical display i.e. visuals of the products/merchandise would be dependent upon the configuration of your computer or device. We do not guarantee that the colour of products/merchandise displayed on the Website on your computer or device accurately represents the actual product/merchandise. There is also a possibility that the quality of any products purchased or obtained by you through the Website may not meet your expectations.

e. Free Sparrow expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the Website.

f. While we have taken precautions to avoid inaccuracies in content; this Website, all content, information, software, products, audio or video and related graphics are provided as is, without warranty of any kind. Free Sparrow is not obligated to provide any physical preview of the object either before or after the sale.

4. Limitation of Liability

a. Free Sparrow is not liable to compensate you if the quality of any products/merchandise purchased by you through the Website did not meet your expectations. At the most, Free Sparrow may allow you to return the product in exchange of another product or issue credit note as per the terms prescribed under Free Sparrow’s “Returns and Refund Policy”.

b. You cannot ask from Free Sparrow any special, incidental, indirect or consequential damages or compensation of any kind, for any reason, including but not limited to:
i. any variation in the finish or appearance of the final product/merchandise;
ii. any delay in delivery caused by unforeseen circumstances or Force Majeure events;
iii. any missed opportunities to avail certain discounts;
iv. any issue with courier companies or our delivery partners or their personnel;
v. any gift/discount voucher which got deactivated upon reaching the expiry date;
vi. unavailability of items which you tried to purchase etc.

c. Without prejudice to aforesaid, aggregate liability of Free Sparrow, its contracted parties, employees, consultants, etc., in connection with this policy shall be limited to the value of the relevant Product(s) purchased by you through the Website.

For example: Your purchases aggregate to INR. 10,000 consisting of several products say Product A (costs INR 2,500), B (costs INR 4,500), C (costs INR1,000) and D (costs INR 2,000).  If Product B is found to be damaged or unsuitable for usage by the customer, Free Sparrow’s liability shall be limited to INR 4,500 only.

d. Unreasonable and unlawful requests in addition to return or exchange, over and above the entitled refund, will be treated as loss to Free Sparrow and Free Sparrow reserves the right to cancel orders or block accounts of such customers without any prior notice.

5. Pricing

a. Free Sparrow will endeavour to provide you with the best prices possible on products and/or merchandise. However Free Sparrow does not guarantee that the price will be the lowest in the territory from where you are placing the purchase order. The prices mentioned on the Website are not subject to comparison with the same or similar product(s)/merchandise(s) available at any other online or offline sale.

b. The pricing is subject to Free Sparrow’s internal pricing policy and the prices shall be determined only at the sole discretion of Free Sparrow. Thus the prices are subject to change at any time, without any notifications. Further the prices and availability of product(s)/merchandise(s) are liable to change without any prior notice from Free Sparrow.

c. All references to ‘Rupee/INR’ on the Website refer to Indian currency. Prices mentioned on the Website for domestic sale i.e. sale of product(s) within India may be different from the prices of similar products intended for international sale i.e. outside India.

d. Unless otherwise mentioned, the price displayed on the Website for any product(s) in INR represents the full price of the product(s) to be shipped in India.

e. Unless otherwise mentioned, the price displayed on the Website for any product(s) in foreign currency represents only the price of the product(s) to be shipped outside India and excludes charges towards foreign shipping cost, any custom fees, import duties, taxes and levies which would be extra. It may be noted that in case of international sale, Free Sparrow cannot provide the quantum of any custom fees, import duties, taxes and levies.  Further also take note that the actual amount to be paid by you as an international purchaser will be the equivalent amount in the currency of your credit card/debit card, as per the currency conversions done by your bank/credit card/debit card provider on the date of billing.

6. Taxes and Duties

a. For domestic deliveries, i.e., delivery of product within India, all taxes and duties are included in the price of the product set out on the Website.

b. For international deliveries, i.e., delivery of product outside India, is undertaken on a DDU (Delivery Duty Unpaid) basis, which means product prices displayed are exclusive of all import duties, custom fees and local taxes. As the recipient of the product, you are liable for all import duties, customs fees, local taxes levied by the country. Payment of these taxes or duties is necessary for delivery of product(s). We are unable to advise what amount this would be as duties vary from country to country.

7. Mispricing or Non-Availability

The data/product(s) made available through the Website may include inaccuracies or typographical errors including but not limited to the description of the product(s), the availability of product(s) or the pricing of the product(s). These inaccuracies or discrepancies may go unnoticed until after you have placed the order. If we discover a mispricing, we will do one of the following:

a. If the actual price of the product(s) is lower than the price mentioned or listed on the Website, Free Sparrow will charge the lower amount and ship you the product(s). In such cases, Free Sparrow will refund the excess amount charged. In case where the product(s) are sold on the Website but payment terms are ‘Cash on Delivery’ then Free Sparrow will charge you the actual i.e. lower amount.

b. If the actual price of the product(s) is higher than the price mentioned or listed on the Website then unless the product(s) has already been dispatched, Free Sparrow shall at its sole discretion inform you by e-mail/call/letter about the correct price and seek instructions from you as to whether you would like to cancel your order or pay the balance amount. If you elect to cancel the order, Free Sparrow shall, refund the payment made by you. However, if you elect to pay the differential amount, Free Sparrow shall process your order.

c. Free Sparrow shall refuse and cancel orders placed by you due to non-availability of product and inform you about rejection of your order. Free Sparrow will refund you the payment made by you.

8. Non-Acceptance or Cancellation of Order

a. Non-acceptance of order by Free Sparrow

i. Free Sparrow may not be able to accept certain purchase orders. Free Sparrow reserves the right, at its sole discretion, to refuse or reject your offer to purchase for any reason including but not limited to:

-limited inventory/quantities of product(s) available for purchase; or
-inaccuracies or errors in description of product or pricing information; or
-any defect found in the quality of the product; or
-non-receipt of additional information requested by Free Sparrow; or
-non-receipt of payment from credit card/debit card/bank due to insufficient funds; etc.

ii. Free Sparrow will contact you if all or any portion of your order is cancelled. If your order is cancelled after receipt of payment from you, the said amount will be refunded.

iii. Free Sparrow shall not be liable to you for any direct or indirect, punitive, incidental, special, consequential or exemplary loss suffered by you due to non-acceptance of your offer to purchase the products or delay in refund of your money or delay in informing you about non-acceptance of your order. 

b. Cancellation of order by you

i. You can cancel an order anytime until it is shipped. A custom order, however, can be cancelled only within 24 hours of placing the order.

ii. To cancel, email us at contact@FreeSparrowKids.com or call/whatsapp +91.900.423.5915 with order number. 

iii. For prepaid orders, the amount will be refunded to the same account within 10 working days. 

iv. In case a COD order is rejected, we would not provide COD service again to the customer.

c. Cancellation of order by Free Sparrow

We make every effort to fulfil your order. However, under rare scenarios, we might be unable to process it and have to cancel it. In such a situation, we shall inform you promptly. Any payment received will be refunded within 10 working days. Please note that our liability will be limited only to the refund of your payment.

9. Delivery

a. We require signature of the person (i) yourself; or (ii) intended recipient in case of gifts; or (iii) any person known to you/intended recipient who is present at the time and place of delivery and accepts delivery on your behalf/intended recipient to whom products have been delivered) as acknowledgement of delivery of the products so ordered. Once we have an acknowledgment, the ownership in the products passes on to you/intended recipient.

b. Free Sparrow cannot guarantee delivery of product(s) to post office box (“P. O. Box”) addresses and take no responsibility for non-delivery of orders in case the delivery address includes P. O. Box details in any part or form. If Free Sparrow cannot deliver products to the P. O. Box, Free Sparrow will inform you about non-acceptance of your order and refund the payment made by you.

c. Free Sparrow shall not be liable for any delay/non-delivery of the product(s) purchased due to any reason which is beyond its reasonable control. It is therefore advisable that you place orders well in advance.

d. Free Sparrow shall not be liable for any non-delivery of the product(s) purchased on account of erroneous details provided by you to Free Sparrow such as wrong recipient name, recipient address or contact number, etc.

e. If the product is returned to Free Sparrow as undelivered due to wrong address, Free Sparrow shall be entitled to extra cost for resending the product(s) to the correct address. The extra cost towards re-delivery shall be paid upfront by you and the delivery time shall be extended.

10. Miscellaneous

a. By placing a purchase order for a product on the Website, you agree that you are accessing the product(s) available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction with Free Sparrow through this Website.

b. Before placing an order on FreeSparrowKids.com, you are requested to carefully read the description of product(s), product specific conditions, the Terms and various policies including ‘Returns and Refund Policy’.

c. As practice Free Sparrow returns money into the same bank account/debit card/credit card account from where it received the payment. However, in exceptional cases, Free Sparrow may in its discretion and subject to certain conditions entertain your request to for transfer/refund money into any other credit card/debit card/bank account as applicable.