PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING OUR WEBSITE. All users of this website agree that access to and use of this website are subject to the following Terms & Conditions, and other applicable laws. If you do not agree with the Terms & Conditions of our website, please do not use our website any further.
:: COPYRIGHT ::
The entire website, content included; including but not limited to text, graphics or html code is copyrighted as a collective work under the United States and other copyright laws, and is the sole and primary property of DESIGNERFREAK.COM. The collection work includes works that are licensed to DESIGNERFREAK.COM; DESIGNER FREAK, INC. and/or DESIGNERFREAK.COM, INC.; its subsidiaries, Owner's and Officer's; Copyright 2005-2009; ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of our website for the sole purpose of placing an order with us or making a purchase of our products; and/or to provide to us by transmission by email, fax, directmail to ensure that we are aware of the items or products of merchandise in which you would be ordering from us. You may display, and; subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the materials from the different areas of our website solely for your own non-commercial use, or to place an order with us for products, merchandise or other items as interested. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this website is strictly prohibited; unless authorized by the Owner's and/or the Officer's of DESIGNERFREAK.COM. You further agree not to change or delete any proprietary notices from materials once they are downloaded from our website within your possession.
:: COPYRIGHT ARTWORK ::
All artwork located in the category of our website, FREAKY ART is solely owned; copywritten and patented by the Artist, Gigi S. Vaughan; and may not be copied, distributed and/or resold by any user, visitor, entity; customer; and/or others without the prior written permission of the Artist, Gigi S. Vaughan; and or the Owners and/or Officers of Designer Freak, Inc. To view Artist's Release Statement to Designer Freak, Inc., you may also see below or visit Artist's Introduction Page.
:: TRADEMARKS ::
All trademarks, service marks and trade names that are associated with and/or used on our website are trademark's and registered trademarks of DESIGNERFREAK.COM; DESIGNER FREAK, INC.; its subsidiary corporations; DESIGNERFREAK.COM, INC. it's assessors, assigns, subsidiaries, and the Owner's and/or Officer's of the same.
:: WARRANTY DISCLAIMER ::
This website and the materials and products on this website are provided "as is"; and without warranties of any kind, whether expressed and/or implied. All merchandise as shown are brand new items, not used or damaged and will arrive in its original packaging unless specified. To the fullest extent that is permissible pursuant to applicable laws, disclaims all warranties, expressed and/or implied, including, but not limited to; implied warranties of any merchantability and fitness for a particular purpose and non-infringement; does not represent or warrant that the functions contained in this website will be uninterrupted or error-free, that the defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. Does not make any warrantees or representations regarding the use of the materials in this website in terms of their correctness, accuracy, reliability, disciplines, adequacy, usefulness, timeliness, performance, protection, and/or otherwise. Some states do not permit limitations or exclusions on any warranties, so the above limitations may not apply to you.
:: LIMITATION OF LIABILITY ::
Limitation of Liability shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if it has been advised of the possibility of such damages. Applicable laws may or may not allow the limitation of exclusion of liability or incidental, factual, and or consequential damages; so the above limitation or exclusion may not apply to you.
:: TYPOGRAPHICAL ERRORS ::
In the event that a product is mistakenly listed at an incorrect price, DESIGNERFREAK.COM reserves the right to refuse or cancel any orders placed for products listed at the incorrect price and/or the price that is not correct to advertise. DESIGNERFREAK.COM reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the product, or purchase made on our website; and your order is cancelled, DESIGNERFREAK.COM shall issue a credit to your credit card account in the amount of the incorrect price.
:: TERM; TERMINATION ::
These Terms and Conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be; or can be terminated by DESIGNERFREAK.COM without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Disclaimers; Limitation of Liability; Indemnification and Miscellaneous; shall survive any and/or all terminations.
:: SUBSTITUTIONS OF MERCHANDISE ::
DESIGNERFREAK.COM reserves the right to substitute a product, item, and/or merchandise at anytime required when a selected item ordered may be out-of-stock, or may be discontinued by the affiliate factories, manufacturer/vendor; or in an older fashion that is no longer available as selected by a customer making a purchase. Customer will receive the newest styles at all times on all merchandise from any and/or all of our websites; and will not be charged for the newest styles price difference from that of the older style, replacement, or discontinued price that was originally ordered. All substitutions will be acknowledged to all customers at the time of delivery when the package is opened. Each customer will receive a Substitution Notice in their order or packaging of merchandise ordered; at the time the order arrived to them; indicating the newest item's retail price compared to that of what was originally of like, request, purchased and/or ordered by a new, existing, previous or past customer at time of presentation of order. DESIGNERFREAK.COM may at anytime substitute another color, style, make or design of any product ordered that was ordered by a customer but now is out-of-stock or no longer available per the size or requirements ordered by a customer. Customer will receive the same and/or similar product of interests that was ordered; but may or may not be the exact one ordered should the product, item, and/or the items of merchandise ordered be out-of-stock and/or may be now discontinued. All qualified replacements, substitutions, whether by product name, style and/or size; shall all be the same or similar look and feel of what was ordered; or may be a similar designer namebrand that is close to the same style as possible for the customer's interests. All customers ordering on this website are made aware of these notices by reviewing our Terms and Conditions as so posted on each and every page of our website in the Navigation Bar to the left of the website, and/or on the "Home" page at the bottom right corner of our website. All customers ordering, or making a purchase from this website are considered familiar with and/or knowledgeable of our Terms and Conditions once an order is placed with us as they are available at all times for review when visiting us. All customers understand that will be no refund requests allowed, no cash returns to customers; and that by ordering with us if a substitution is made for your order that you cannot dispute your payment with our credit card processor, 2nd party processor; 3rd party processor, and/or Paypal. You agree to void any discreptionancies that could arise due to your failure to review our Terms and Conditions before placing your order. All customers ordering from this website confirm that they have read the Terms and Conditions set forth and that they agree to the Terms and Conditions and our Substitution Policy as it is written.
:: TURNAROUND TIME AND DELIVERY ::
DESIGNERFREAK.COM requires a minimum of 7-10 business days for any delivery to a customer that may be for a customized designer item, and/or a rare item of merchandise that is not available in our local New York warehouse. All merchandise ordered by customers, will be processed immediately upon verification, confirmation, of all credit card customer payments, confirmed credit card identitites, valid email payment addresses established with Paypal; with address verification through Paypal and/or any other credit card processor that we have acquired for our website to process payments received from customers. Paypal customers are not allowed to use a separate shipping address other than what is verified with Paypal on their established accounts with Paypal. We will ship only to the billing address of all verified Paypal customers who make an order with us as well as all other customers who choose to use a major credit card as a form of payment. DESIGNERFREAK.COM requires a minimum of 2-3 business days for payment to be verified and received from any and/or all Paypal customers accounts before any orders made on this website are delivered to our customers from our warehouse. Any customer visiting and making a purchase from our website can expect immediate delivery of his/her order within 7-10 business days or less. However, some; not many of our items of merchandise could take longer if it is being shipped directly from our dropship facility. If an order is placed by a customer and he/she requires it to be delivered by express or by next day overnight delivery; additional charges will be charged to the customer for the request; but does not guarantee that the items ordered will arrive at a faster timeframe than 7-10 business days as stated.
:: BACKORDERED MERCHANDISE ::
DESIGNERFREAK.COM receives large requests for sizes that are not always available in its warehouse; and will have to "backorder" and/or "special order" an item or item(s) directly to its vendors for the production of the item or item(s) that may be requested and purchased by visitors and customers of its website. Most sizes that are not available are XXXL for Men and Women shoe sizes from Size 10 and higher. Many times these sizes may be ordered if the manufacturer's can produce the item when requested. If not, the item(s) will not be available to the customer making the request, and the order will have to be either cancelled and/or the customer immediately refunded if an order is placed, received, and delivered to DESIGNERFREAK.COM for processing. If specific items can be "backordered" and/or "special ordered", all customers will be immediately notified by email and/or by directmail should a customer not reply back to email within a 24-48 hour period. All backordered items must be prepaid; plus shipping and handling charges, and/or any other charge that may be required by DESIGNERFREAK.COM's manufacturer's as they do charge duty fees and international shipping charges before new orders are shipped and processed to the warehouse for any items that may or may not be waiting delivery. All customers are responsible for all shipping charges and duty taxes as billed. "Special Orders" and/or all "Backordered" items will normally take a minimum of 10-14 business days to arrive if requested and accepted for processing. RUSH and OVERNIGHT requests are not offered on "backordered" and/or "special ordered" items.
:: NOTICES ::
DESIGNERFREAK.COM may deliver notices to you by means of email, directmail, by fax, telephone, or by posting a general notice on our website, or by other reliable methods of communicating to you at the address you have prodived to us when placing your order.
:: MISCELLANEOUS ::
Your use of our website shall be governed with respect to the laws of the State of New York, U.S.A.; without regards to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the International sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of of or relating to this website (including by not limited to the purchase of products), shall be in the State or Federal Courts located in Long Island, New York; New York City; the State of New York, in Suffolk County. Any cause of action or claim you may have with respect to this website, (including but not limited to the purchase of products), must be finalized and commenced within one (1) year after the claim or cause of action arises. Failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions; DESIGNERFREAK.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.
:: CONTESTS ::
DESIGNERFREAK.COM offers Contests on its website to reward its customers and viewers with an opportunity to earn a "free" designer item or item(s); whenver they meet the minimum referral number posted by the item on its website. All participants must be frequent visitors to the site and must have made at least one (1) purchase to qualify for referring to the website for any Contest product offered as a reward. Once referrals are generated by a customer and/or visitor to the website, and they have meet the minimum purchase amount of $100.00 or more for items ordered; the customer making the referral will earn the "free" designer item as published on the website of DESIGNERFREAK.COM. The customer who is referred, must not return the item(s) ordered and/or request a refund for product that was purchased. A customer who purchases may evenly exchange the items ordered at anytime; however, there is a waiting period of ten (10) business days from the date the referral customers' order has been shipped before DESIGNERFREAK.COM will initiate their request to immediately generate the "free" designer item or item(s) to a qualifying customer and/or referral source who referred a customer. The Referring Customer must download our Contest Order Form, complete it with its referral customer information; and return it as instructed on the Contest Order Form; and must have made at least one (1) personal purchase himself or herself in order to qualify for Contest. Once received, DESIGNERFREAK.COM will confirm that the orders were placed by the referral customer listed on the Contest Order Form, and that the referring customer has made at least one (1) personal purchase before approving the "free" designer merchandise for delivery from its warehouse. There is a waiting period utilized that will confirm that the items shipped to the referral customer are being kept as they purchased, and the "free" designer item will be safely delivered by Priority Mail with Delivery Confirmation and Signature to the customer that was originally referred to DESIGNERFREAK.COM by its customer who completed the Contest Order Form. At that time, and that time only will the qualifying customer referring be able to redeem the qualifying "free" designer merchandise. (Below is our Contests Order Form for immediate use by any and/or all viewers who have made at least one (1) purchase from DESIGNERFREAK.COM; who are at least 18 years of age or older than 18 years of age; and now wish to take immediate advantage of our "Contests" offers listed on our website; in our Contests Section.)
:: CONTESTS INTERNATIONAL::
DESIGNERFREAK.COM welcomes all International participants, viewers, and visitors. All Terms and Conditions as stated above in our original "Contests" Section paragraph apply to all International customers, viewers, and/or participants with the exception of applying and submitting your customer referrals by email only. International participants who are interested in participating in our Contests, must submit all referral details by email only. Provide the names (first and last); email addresses, and all mailing addresses of each of your referral customers who will be shopping with us, visiting us, and/or making an online purchase. When your referred customers purchase, order and/or visit our website and complete a purchase; we will notify you of their order confirmation by email. Once your customer referrals have made their purchases and their orders have been confirmed, verified, and payments have been received by Paypal; all conditions as stated above in our Contests section shall apply and your "free" designer item(s) selected will be delivered to you accordingly. To send your customer referral information by email, Contact Us here to get started. (International customers who are participating in our Contests Program do not have to download the above Contests Order Form.)
:: USE OF WEBSITE ::
Harrassment in any way, shape or form; and/or in any manner or form on this website; including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including and/or other licensed employees, hosts, or Owner's or Officer's, Executive Staff; representatives; as well as other members or visitors on our website is prohibited. You may not upload to, distribute, collect or gather; or use materials; otherwise publish through the site any content which is libelous, malicious, defamatory, a defamation of character; obscene, threatening, criminal, fraudulent, invasive of privacy, invasive of publicity of rights, slander, abusiveness, abusive emails, abusive correspondence, illegal, or otherwise objectionable which may constitute or encourage a criminal crime, offense, violation of our rights of any party or which may otherwise give rise to liability or violate any laws. You may not upload commercial content to our website or use the website to solicit others to join or become members of any other commercial online service or community chat, and/or all other online organizations. Any violater performing any of these such acts or similar on this website as so stated shall be prosecuted by all extents of the laws in the State of New York and its surrounding burroughs and jurisdictions.
:: PARTICIPATION DISCLAIMER ::
You acknowledge that by providing you with the ability to view and distribute user-generated content on our website, that we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the website if any. However, DESIGNERFREAK.COM reserves the right to block, remove, delete, any and/or all communications and/or materials that it determines to be (a) abusive, fraudulent, defamatory, or obscene; (b) frivilous, malicious, deceiving, or misleading or misrepresented; (c) in violation of any and/or all copyright, trademark, or other intellectual property rights of another; or (d) offensive or otherwise unacceptable language, verbage, or to in its sole discretion. Knowingly, this participation confirms that DESIGNERFREAK.COM cannot review all content, whether communications and materials posted, if any to or created by other users who are accessing the website; and is not in any manner responsible for the content of information and/or these communications and materials.
:: DIRECTMAIL ORDERS OR FAX ::
All directmail orders must be sent by Priority and/or Express Overnight mail delivery to the address listed on our Order Form for merchandise that does not have a "Buy Now", "Add To Cart", "Buy"; and/or "Buy Me" button or hypertexted link located by the product or items on our website. If you are sending by directmail, we reserve the right to return any and/or all orders that do not arrive by this method and/or without a Delivery Confirmation with Signature. By fax, we reserve the right to decline any and/or all faxed in orders that do not have an active and/or verified Paypal email payment address. By directmail, we will accept Cashier's Checks, US Postal Service Money Orders, and major credit cards :: Visa, Mastercard, American Express, or Discover, or you may use your bank issued Visa/Mastercard ATM bank debit cards for your transactions by directmail. You will be required to have a valid Paypal email address to make your payment by credit card or debit card through directmail and/or by fax transmittal. Our Fax/Directmail Order Form and our required Credit Card Authorization Forms are below for your immediate use in returning your orders by fax or directmail.
Both forms are required.
To use Paypal by directmail, please use the above forms or contact us to pay by Paypal via email. If you wish to request an email order, you must submit your request for an online invoice. Visit our Invoice Request Section of the website for more information and details on how to request an Invoice to make your payment for an order by email. If an International Customer making and order, or if you request to pay by Paypal, please Contact Us here to submit your request by email.
:: SHIPPING (USA and INTERNATIONAL) ::
You agree to pay all shipping and handling costs as calculated on our website shopping cart for your total amount due for all orders made or placed on this website. Our shopping carts will automatically calculate the costs associated with your total amount due based on the address entered at the time of your order. All International Shipping Charges may or may not have to be revised due to the Country in which you are living or residing due to our shopping carts may or may not calculate the exact costs associated with weight and delivery of merchandise to your locale and/or origin. DESIGNERFREAK.COM reserves the right to adjust, change, revise, and/or add on any and/or all other costs associated with delivering an order to a USA customer and/or International customer should it deem necessary in delivering an order in a timely and efficient manner. All rates, fees, charges, surcharges, taxes, country entry fees, customs, and/or all other costs associated with USA and/or International shipping charges shall apply to all customers when placing an order on this website. DESIGNERFREAK.COM is not responsible for custom duty charges and fees that are required to deliver an order to an International customer. Some of our manufacturers and factories will require that all custom charges to the USA and/or International Countries be paid for in advance at the time an order is placed before delivering merchandise to a customer if an item is to be dropshipped directly from a manufacturer's factory. All warehouse and instock items of merchandise that is being shipped from DESIGNERFREAK.COM's corporate office will include priority, express mail delivery with signature and delivery confirmations.
:: INDEMNIFICATION ::
You agree to indemnify, defend, and hold harmless, DESIGNERFREAK.COM; its Officer's, Director's, Executive Staff, Employees, Agents, Affiliates, Sales Represenatives, Consultants, Licensors, Suppliers, vendors, Referral Consultants, Vendors, Manufacturer's (collectively the "Service Provider") from and against all losses, expenses, charges, damages, and/or all costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct); by you or any other person accessing this website using your Internet account. You agree that any and/or all other parties that access our website from your Internet account, that you shall remain accountable for any and/or all charges, fees, total amount dues so ordered and/or purchased by anyone from your Internet account; and that immediately upon notification by DESIGNERFREAK.COM that you will immediately, without hesitation; return to us the total amount due for all charges or purchases made by someone else from your Internet account, without your former knowledge and/or authorization; including but not limited to, anyone under the age of 18 years old or younger who accessed your personal Internet account, credit cards, bank ATM Debit Cards; and made a purchase using your Internet account.
:: THIRD-PARTY LINKS ::
In an attempt to provide increased value ot our visitors and active customers, there may be links to other websites on our website; and you may link to other websites by third parties from our website. However, even if the third party is affiliated with our website, working in his/her or their entities own business; or whatever other statues that confirms an affiliation; DESIGNERFREAK.COM; we have no control over these linked sites, all of which have separate privacy policies, and data control, collection practices, independent of DESIGNERFREAK.COM. These linked websites are only for your convenience and therefore you access them at your own risk, purchase at your own risk, and/or interact at your own risk. Nonetheless, DESIGNERFREAK.COM seeks to protect the integrity of its website and monitors all links placed upon it; and therefore requests any feedack from visitors, customers, or viewers; on not only its own website, but for all websites that are linked directly and/or indirectly to DESIGNERFREAK.COM and/or part of any online network exposure program; marketing co-operative, Traffic Generator; and/or its Link Exchange Program. Should you locate a link that is not linked to a physical website or offer; or is not operating properly; or is leading to an error page, please Contact Us and let us know immediately.
:: RIGHT TO PURCHASE ::
We reserve the right at anytime to refuse to conduct business with anyone, visitors, customers, and/or any other individual that we feel may or may not be purchasing legitimately, honestly, and/or favorably. We reserve the right to refuse your order and/or return your money by credit back through our credit card assigned processors; and/or by directmail at any given time in which we choose either with an explanation or not. We also reserve the right to determine if the amount of quantities being ordered for one person is appropriate or not or if there has been an issue with payment with you before; we reserve the right to decline your order in our Order Processing Unit, and block you from ordering from our website in the future.
:: REVISIONS, CHANGES & ADJUSTMENTS ::
You understand that it is your responsibility to revisit our Terms and Conditions of our website Section to ensure that we have not made any new and/or revised changes to any of its content. We reserve the right to change, at any time; our Terms and Conditions as well as alter, revise, change our prices, and/or update our website on a regular basis with or without notifying you of these changes. It is your responsibility when visiting us to make certain that you have read over our Terms and Conditions; and review any and/or all new revisions if any were made on our website.
