Terms of Service of Eshoping
Introduction:
Welcome to Eshoping.com.bd. We are officially licensed & approved Ecommerce Company in Bangladesh. Our office location – Fatikchori, Chittagong.
We are an online marketplace and these are the terms and conditions governing your access and use of Eshoping along with its related sub-domains, sites, mobile app, services and tools (the “Site”). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”).
For the purpose of these Terms of Use, wherever the context so requires ‘You’ or ‘User’ or ‘Visitor’ will mean any natural or legal person who has agreed to become a member of the site by signing up. PriyoShop Retail allows users to surf the website or make purchases without registering on the website. The term “we”, “us”, “our” will mean Eshoping.com
By using the Site, you agree to comply with these terms and conditions (including any linked information herein) and accept the terms of this User Agreement. This User Agreement is effective upon your use of the Site, signifying your acceptance of these terms. If you do not agree to be bound by this User Agreement, please do not access, register with, or use the Site. Eshoping.com.bd is owned and operated by Eshoping, a company incorporated under the Companies Act, 1994.
The Site has the full the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any advance notification. Changes made will be effective when posted on the Site and Immediately, with no other notice provided prior or communicated. We encourage all users to please check these Terms and Conditions frequently for updates. As a user, if you continually use the Site following the posting of changes to the Terms and Conditions this will confirm and constitute your acceptance of those changes and you wish to proceed abiding and respecting those terms and changes.
Acceptance of Terms and Conditions/Conflicts:
In the event of any conflict between these terms and conditions published for a specific area of the Website, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Application, Services, or Collective Content. You are agreeing to be bound by these terms, whether or not the person has registered with the website and application by accessing or use the website site and acknowledge as an user that he/she read, understood our terms and conditions.
CONDITIONS OF USE
A. YOUR ACCOUNT
Creating an account or providing personal information may be necessary to access certain services offered by the platform. We reserve the right to invalidate the username and/or password at any time without prior notice, and we will not be liable for any losses resulting from such invalidation. It is your responsibility to keep and maintain the confidentiality of your user identification, password, account details, and private information. You must have to take all measure try to inform us immediately if you suspect that your password has become known or compromised to anyone else or if your account is being or is likely to be used in an unauthorized manner. By accessing the Site or using any services offered by the Site, you agree to be bound by any use of your account and password, whether authorized by you or not. We may hold you solely responsible and liable for any losses arising from such use or access and you agree to fully indemnify us against any such losses. When providing information, you must ensure that the details provided us are correct and complete at all times, and you must update your account details in real-time through the Site. Eshoping.com.bd reserves the full right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice, and we may request that you update your Personal Data or invalidate the account or related details at any time without giving any reason or prior notice.
B. PRIVACY
Your personal information and data provided to us, or your use of the Site, will be treated as strictly confidential in accordance with the Privacy Agreement and applicable laws and regulations. If you do not agree with the transfer or use of your information in the manner specified in the Privacy Agreement, please do not use the Site.
C. PLATFORM FOR COMMUNICATION
The Site is an online platform that allows you to purchase products at the price indicated, using a payment method of your choice, from any location. We are the direct seller and all products purchased from us will be shipped from both local and international market with the transactions on the Site or on a payment gateway provided by an independent service provider. Therefore, the contract of sale of products on the Site is strictly between you and our Site, while the payment processing occurs between you, the service provider, and, in the case of prepayments with electronic cards, your issuer bank. Therefore, the contract of payment on the Site shall be precisely a mutual contract between you and the service provider as listed on our Site.
D. SITE AVAILABILITY
We will make every effort to ensure that access to the Site is reliably available and continual and error-free. Nevertheless, due to the nature of the Internet and the Site, we are unable to guarantee uninterrupted and error-free access at all times. Time to time, we will have scheduled or unplanned website maintenance which can impact your access to the Site may also be occasionally suspended or restricted to allow for (repairs, maintenance), or as well as the adding of new facilities or services without prior notice. We will take all relevant steps to limit the frequency and duration of any such suspension or restriction, but we will not be liable for any personal loss.
E. LICENSE TO USE THE WEBSITE
Before accessing the Website, you must confirm that you are at least 18 years old or accessing the Website under the supervision of a parent or legal guardian, and that you are capable of forming legally binding contracts. By accessing the Website, you agree to comply with the Terms and Conditions outlined herein and are granted a non-exclusive, non-transferable, and revocable license to use the Website solely for personal shopping purposes in accordance with the Terms and Conditions. You are prohibited from using the Website for commercial purposes or on behalf of any third party, unless permitted by us in advance. If you register as a business entity, you must ensure compliance with all applicable laws relating to online trading and confirm that you have the authority to bind the entity to this User Agreement. Only one membership is permitted per person or business entity, and any breach of these Terms and Conditions will result in immediate revocation of the license without notice.
The content provided or product specification/description used are general and all published content on the Website which is for informational purposes only, and vendors are solely responsible for product representations, including price, available stock, features, and add-ons. We do not guarantee the accuracy of any information provided and as suppliers of our products are both local and international. Any opinions expressed on the Website are those of the individuals posting them and may not reflect our views, we strong encourage you to contact our customer service team with your enquiry.
You are granted a limited license to access your account and use the Website for personal purposes only, and may not download or modify any portion of it. This license purely excludes resale or commercial use of the Website, any product listings, descriptions, or prices, any derivative use of the Website or its contents, or any use of data mining or similar data gathering tools. The Website and its contents, including copyrighted material, trademarks, and other proprietary information, may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or exploited for commercial purposes without our express written consent, any violation will be deemed to be a serious offence and can be legally prosecuted in accordance to company act if 1994 and act of e-commerce trading.
F. TRADEMARKS & COPYRIGHTS
All Eshoping.com.bdlogos, our site trademarks or registered trademarks are fully owned by us. Eshoping’s intellectual property rights, whether registered or unregistered, in the site, all the information on our site and website design, inclusive of but not limited to text, graphics, software, photos, videos, social media presence, music, sound, software, marketing props, models/characters in our advertisements shall remain our property. The use of our contents from this site must be accepted by Eshoping.com.bdwith written consent prior to usage. In addition, all our assets and content is protected under the copyright as a collective work under Bangladeshi copyright laws and international conventions. All rights are reserved. You agree not to participate in any regulated activities outlined herein, which may result in immediate cancellation of your account or legal action. These activities include, but are not limited to, refusing to comply with the Terms and Conditions or guidelines and policies, impersonating any person or entity, using the Website for illegal purposes, attempting to gain unauthorized access to computer systems, interfering with another’s use of the Website, posting prohibited materials, or using software or material that contains viruses or other harmful components.
G. YOUR CONDUCT
Personal information provided during account creation must be true, in the event of fraudulent information supplied, it will lead to immediate account cancellation. You must not engage in any actions that could potentially interrupt, damage, or impair the site, its employees, officers, representatives, stakeholders, or any other party associated with the site, directly or indirectly while using the website. It is your responsibility to ensure that all electronic communications and content sent from your computer to the site are lawful and used for legitimate purposes. Fraudulent activities or any unlawful activity connected to the site are strictly prohibited and will face legal action. You are not permitted to send, use or reuse any content that belongs to someone else, is offensive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or menacing. You may not engage in activities that promote money laundering or gambling or that harm minors in any way and it will be considerate as a serious crime which will be dealt with accordance to Bangladeshi laws. Additionally, you are not allowed to impersonate another person or threaten the unity, integrity, security, or sovereignty of Bangladesh or friendly relations with foreign states. In addition, the use of the site for any illegal purposes, including the dissemination of software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any “spam,” is strictly restricted.
H. SUBMITTING CONTENT TO THE SITE
In the case of where submit material that you submit or provide to the Site, including comments, questions, reviews, and suggestions (collectively, “Submissions”), will become our exclusive property and will not be returned to you. When posting comments or reviews on the Site, it also explicitly means you have authorized us with the right to use the name that you submit, in connection with such review, comment, or other content. As an user, you must not use a false email address, pretend to be someone else, or mislead us or any third party as to the origin of your Submissions. If we identify your identity to be fraudulent, we may, at our discretion, remove or edit any Submissions without prior notice, without being liable for any legal action.
I. RISK AND LIABILITY DISCLAIMER
By using the services offered on the Site, you acknowledge and agree that any transactions you make through the Site are at your own risk, and that you have exercised your best and prudent judgment before entering into any such transactions. We disclaim any warranties or representations (express or implied) regarding the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed, displayed, or transacted on the Site. While we take precautions to avoid inaccuracies in content, all content, information (including the price of products), software, products, services, and related graphics provided on the Site are provided “as is,” without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on the Site vest with us, nor shall we have any obligations or liabilities in respect of any transactions on the Site. We cannot be held liable for any actions or inactions of any products and services as listed on our Site, which includes, but is not limited to, payment providers, installment offerings, warranty services, among others.
J. COMMUNICATION WITH US
You can contact us by sending e-mail while visiting our site or from your personal email directly, you agree that you are communicating with us electronically. We ask you to provide a valid phone number when placing an order with us as we may require to verify order details with you. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the Site or by any other mode of communication that we choose to employ. When using the website or placing an order, you consent to receive communications (including transactional, promotional, and/or commercial messages) from us with respect to your use of the website and/or placement of your order, and you agree to treat all modes of communication with the same importance.
K. EVENTS BEYOND OUR CONTROL
We cannot be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause beyond our reasonable control i.e international carrier delays, transport delays, political strike, national crisis, etc. This condition does not affect your statutory rights.
L. TERMINATION
We reserve the right to terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions, without prior notice to you. Upon termination of this Agreement, you must immediately cease all access to and use of the Site. We may, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. At any point, if you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, you are free to cease using the Site.
M. ESTIMATED DELIVERY DATE
The Estimated Delivery Date (EDD) that we provide you is an approximate delivery time which can subject to change at times without notice. As we ship mostly from our overseas our products, due to unpredictable logistical issues at times, the delivery can take longer than usual timeframe/line. Delivery time is ONLY an estimate, and it may be also subject to change based on unforeseeable circumstances, such as a natural disaster, flight/travel ban, accidents, virus outbreak, national/public, holidays, etc. Please note delivery can take anywhere between 2-4 working days from the time of order placed which includes anywhere in Bangladesh.
N. USER CONTENT AND REVIEWS
You are solely responsible for any content that you post or submit to the Site, including but not limited to product reviews, comments, feedback, suggestions, and other materials (“User Content”). You agree that all User Content submitted by you is accurate, truthful, and not misleading, and that it does not infringe on any third party’s intellectual property rights or violate any law or regulation. By submitting User Content to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media and for any purpose.
O. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or the products purchased through the Site, including but not limited to loss of profits, data, or business opportunities. In no event shall our total liability to you exceed the amount paid by you for the product(s) giving rise to the claim.
P. PRICING, PRODUCT AVAILABILITY, AND ORDER PROCESSING
Every product price listed in Bangladeshi Taka (BDT). When you place an item in the shopping cart, it will reflect the most current price played. Please be advised the price may differ from the price displayed at times when you first placed in the cart. There is strictly no obligation nor we price match a product in comparison to other websites.
Generally, we will do our best to present the most accurate price for all products, nevertheless, errors may still occur which will be deemed prices displayed inaccurately, thus, we reserve the right to refuse or cancel an order. It is totally our discretion in the event of a pricing discrepancy where we may contact you to advise of such circumstances and will allow to cancel the order and refund any payment taken. In the event of where we decide to cancel a such order, whether it has been confirmed or not and your payment has been processed, our policies of refund will apply. We hold 100% right to refund the precise amount which includes usually calculated based on the customer paid price after deducting any sort of sort of shipping fee, admin charges, or discount applied.
We will endeavor to offer all product availability on the site, please note, at times if after taking an order we have insufficient stock or nil stock, we will take the courtesy to inform you and refund as per our policy. As we process your order, notifications will be dispatched to confirm the order with an estimated delivery time. We will also inform you if any product you order appears to be unavailable. Please note, at times due to a number of reasons which we cannot disclose and your order cannot be processed. The site reserves all rights to cancel any order for any reason at any given time.
To ensure you credit/debit cards are not engaged with any fraud, we will obtain to right to validate details before proceeding further which may include verify identity, place of residence, or banking details. If we are unable to reach the customer who placed the order, the order will be automatically cancelled. In addition, we reserve the right to cancel an order where we suspect a risk of fraudulent use of banking instruments or details without prior notice.
Q. Refunding Vouchers/Promotional Offers/Warranties
Promotional offers and vouchers can be redeemed only in our site within the promotional period and is only valid for single transactions. Offers made with a discount cannot be used from other accounts, each offer is exclusive to individual customers. Please note vouchers once expired cannot be used nor can be used more than once. In the event of a refund, we will deduct the promotional discount from the total amount and then refund the remaining balance of the transaction. Promotional voucher may not be valid during other sale o in conjunction with other special promotions.
Please note, we reserve all the rights to cancel or terminate the use of vouchers/promotional code at any time without any prior notice. We will not be liable for any financial loss arising out of the refusal, cancellation or withdrawal. Please follow all terms and conditions of each offer before applying and determining the eligibility, failure to comply and misusing will face legal actions.
Warranties are offered with products by manufacturer, we do not offer additional service or act on behalf of the manufacturer in the event of any claims. The customer must contact the manufacturer directly and resolve any disputes.
R. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which the Site is operated, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms and Conditions shall be resolved through arbitration in accordance with the rules of the relevant arbitration association, and the award rendered by the arbitrator(s) shall be final and binding.