Terms and Conditions
1. INTRODUCTION
Welcome to apcombd.com also hereby
known as “we", "us" or "Apcom e-Shop". We are an
online marketplace and these are the terms and conditions governing your access
and use of Apcom e-Shop 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"). This User Agreement is deemed effective upon your
use of the Site which signifies 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 this Site. This Site is owned and operated by Apcom e-Shop Bangladesh,
a sole proprietorship company registered in Bangladesh under the Local
Government (City Corporation) Act, 2009, (Trade License Number:
TRAD/DNCC/005469/2022).
The Site reserves the right to change,
modify, add, or remove portions of these Terms and Conditions at any time
without any prior notification. Changes will be effective when posted on the
Site with no other notice provided. Please check these Terms and Conditions
regularly for updates. Your continued use of the Site following the posting of
changes to Terms and Conditions of use constitutes your acceptance of those
changes.
(2) Products:
We have
all our medical products available online at Apcom e-Shop. These products or
services may have limited quantities and are subject to refunds or exchanges
only in accordance with our return and replacement policy. Apcom e-Shop has
made reasonable efforts to be as accurate as possible to display the product in
its original color and correct size. However, product color or size may vary
due to your device's display settings, technical issues and differences in
displays. Therefore, Apcom e-Shop cannot guarantee that the actual product will
look like the display image. If any Apcom e-Shop product is not as described,
your sole remedy is to return it unused in accordance with our Return and
Replacement Policy.
We
reserve the right, but are not obligated, to restrict the sale of our products
or services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the quantity
of any product or service at any time. All product details or product prices
are subject to change at any time without notice, at our sole discretion. We
reserve the right to discontinue any product at any time.
(3) Terms of Payment:
Apcom e-Shop can pay
for products purchased from e-Shop through several methods.
(a) Pay
the price on receipt of the goods in case of cash on delivery;
(b) +88 01709
925 764 (Merchant) can also pay through bhaksh;
(c)
Third party, sslcommerzis a
payment gateway company within Bangladesh. Through this you can also pay
through Bkash, Nagad, Rocket, and bank services like Visa Card, Master Card,
Credit Card and many more banking services.
(4) Delivery Time:
Within
Dhaka city (Dhaka North and South), we also deliver within 1-3 (one to three)
working days (although we deliver within a short period of time). In this case
the user has to provide the correct delivery location along with proper
instructions.
(A) May
take up to 5 working days outside Dhaka city.
(B)
Counting of days shall commence after receipt of full payment.
(C) In
case of cash on delivery, you can check the product from the delivery man.
However, the product cannot be unboxed in any order.
(D) You
can check whether the packaging of the product displayed on the website matches
the packaging of the product sent to you. If there is no match, immediately
register a complaint by calling +8801709925779, +8801709925764.
(E) If you
do not want to pick up the product after order confirmation on the website, you
will have to pay the specified delivery charges.
(F) We
also deliver through third parties.
(5) CONDITIONS OF USE
A. YOUR ACCOUNT
To access certain services offered
by the platform, we may require that you create an account with us or provide
personal information to complete the creation of an account. We may at any time
in our sole and absolute discretion, invalidate the username and/or password
without giving any reason or prior notice and shall not be liable or
responsible for any losses suffered by, caused by, arising out of, in
connection with or by reason of such request or invalidation.
You are responsible for maintaining
the confidentiality of your user identification, password, account details and
related private information. You agree to accept this responsibility and ensure
your account and its related details are maintained securely at all times and
all necessary steps are taken to prevent misuse of your account. You should
inform us immediately if you have any reason to believe that your password has
become known to anyone else, or if the password is being, or is likely to be,
used in an unauthorized manner. You agree and acknowledge that any use of the
Site and related services offered and/or any access to private information,
data or communications using your account and password shall be deemed to be
either performed by you or authorized by you as the case may be. You agree to
be bound by any access of the Site and/or use of any services offered by the
Site (whether such access or use are authorized by you or not). You agree that
we shall be entitled (but not obliged) to act upon, rely on or hold you solely
responsible and liable in respect thereof as if the same were carried out or
transmitted by you. You further agree and acknowledge that you shall be bound
by and agree to fully indemnify us against any and all losses arising from the
use of or access to the Site through your account.
Please ensure that the details you
provide us with are correct and complete at all times. You are obligated to
update details about your account in real time by accessing your account
online. For pieces of information you are not able to update by accessing Your
Account on the Site, you must inform us via our customer service communication
channels to assist you with these changes. We reserve the right to refuse
access to the Site, terminate accounts, remove or edit content at any time
without prior notice to you. We may at any time in our sole and absolute
discretion, request that you update your Personal Data or forthwith invalidate
the account or related details without giving any reason or prior notice and
shall not be liable or responsible for any losses suffered by or caused by you
or arising out of or in connection with or by reason of such request or
invalidation. You hereby agree to change your password from time to time and to
keep your account secure and also shall be responsible for the confidentiality
of your account and liable for any disclosure or use (whether such use is
authorized or not) of the username and/or password.
B. PRIVACY
Please review our Privacy Agreement,
which also governs your visit to the Site. The personal information / data
provided to us by you 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 object to your information being transferred or used in the
manner specified in the Privacy Agreement, please do not use the Site. Please review our Privacy Policy for more details.
C. PLATFORM FOR COMMUNICATION
You agree, understand and
acknowledge that the Site is an online platform that enables you to purchase
products listed at the price indicated therein at any time from any location
using a payment method of your choice. You further agree and acknowledge that
we are only a facilitator and cannot be a party to or control in any manner any
transactions on the Site or on a payment gateway as made available to you by an
independent service provider. Accordingly, the contract of sale of products on
the Site shall be a strictly bipartite contract between you and the sellers on
our Site while the payment processing occurs between you, the service provider
and in case of prepayments with electronic cards your issuer bank. Accordingly,
the contract of payment on the Site shall be strictly a bipartite contract
between you and the service provider as listed on our Site.
D. CONTINUED AVAILABILITY OF THE
SITE
We will do our utmost to ensure that
access to the Site is consistently available and is uninterrupted and
error-free. However, due to the nature of the Internet and the nature of the
Site, this cannot be guaranteed. Additionally, your access to the Site may also
be occasionally suspended or restricted to allow for repairs, maintenance, or
the introduction of new facilities or services at any time without prior
notice. We will attempt to limit the frequency and duration of any such
suspension or restriction.
E. LICENSE TO ACCESS THE SITE
We require that by accessing the
Site, you confirm that you can form legally binding contracts and therefore you
confirm that you are at least 18 years of age or are accessing the Site under
the supervision of a parent or legal guardian. We grant you a non-transferable,
revocable and non-exclusive license to use the Site, in accordance with the
Terms and Conditions described herein, for the purposes of shopping for
personal items and services as listed to be sold on the Site. Commercial use or
use on behalf of any third party is prohibited, except as explicitly permitted
by us in advance. If you are registering as a business entity, you represent
that you have the authority to bind that entity to this User Agreement and that
you and the business entity will comply with all applicable laws relating to
online trading. No person or business entity may register as a member of the
Site more than once. Any breach of these Terms and Conditions shall result in
the immediate revocation of the license granted in this paragraph without
notice to you.
Content provided on this Site is
solely for informational purposes. Product representations including price,
available stock, features, add-ons and any other details as expressed on this
Site are the responsibility of the vendors displaying them and is not
guaranteed as completely accurate by us. Submissions or opinions expressed on
this Site are those of the individual(s) posting such content and may not
reflect our opinions.
We grant you a limited license to
access and make personal use of this Site, but not to download (excluding page
caches) or modify the Site or any portion of it in any manner. This license
does not include any resale or commercial use of this Site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this Site or its contents; any downloading or copying of
account information for the benefit of another seller; or any use of data
mining, robots, or similar data gathering and extraction tools.
This Site or any portion of it
(including but not limited to any copyrighted material, trademarks, or other
proprietary information) may not be reproduced, duplicated, copied, sold,
resold, visited, distributed or otherwise exploited for any commercial purpose
without express written consent by us as may be applicable.
You may not frame or use framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) without our express written
consent. You may not use any meta tags or any other text utilizing our name or
trademark without our express written consent, as applicable. Any unauthorized
use terminates the permission or license granted by us to you for access to the
Site with no prior notice. You may not use our logo or other proprietary
graphic or trademark as part of an external link for commercial or other
purposes without our express written consent, as may be applicable.
You agree and undertake not to
perform restricted activities listed within this section; undertaking these
activities will result in an immediate cancellation of your account, services,
reviews, orders or any existing incomplete transaction with us and in severe
cases may also result in legal action:
(A) Refusal to comply with the Terms
and Conditions described herein or any other guidelines and policies related to
the use of the Site as available on the Site at all times;
(B) Impersonate any person or entity
or to falsely state or otherwise misrepresent your affiliation with any person
or entity;
(C) Attempt to gain unauthorized
access to or otherwise interfere or disrupt other computer systems or networks
connected to the Platform or Services;
(D) Interfere with another’s
utilization and enjoyment of the Site;
(E) Post, promote or transmit
through the Site any prohibited materials as deemed illegal by The People's
Republic of Bangladesh;
(F) Use or upload, in any way, any
software or material that contains, or which you have reason to suspect that
contains, viruses, damaging components, malicious code or harmful components
which may impair or corrupt the Site’s data or damage or interfere with the
operation of another Customer’s computer or mobile device or the Site and use
the Site other than in conformance with the acceptable use policies of any
connected computer networks, any applicable Internet standards and any other
applicable laws.
F. YOUR CONDUCT
You must not use the website in any
way that causes, or is likely to cause, the Site or access to it to be
interrupted, damaged or impaired in any way. You must not engage in activities
that could harm or potentially harm the Site, its employees, officers,
representatives, stakeholders or any other party directly or indirectly
associated with the Site or access to it to be interrupted, damaged or impaired
in any way. You understand that you, and not us, are responsible for all
electronic communications and content sent from your computer to us and you
must use the Site for lawful purposes only. You are strictly prohibited from
using the Site for fraudulent purposes, or in connection with a criminal
offense or other unlawful activity to send, use or reuse any material that does
not belong to you; or is illegal, offensive (including but not limited to
material that is sexually explicit content or which promotes racism, bigotry,
hatred or physical harm), deceptive, misleading, abusive, indecent, harassing,
blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or
menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or
right; or is otherwise injurious to third parties; or relates to or promotes
money laundering or gambling; or is harmful to minors in any way; or
impersonates another person; or threatens the unity, integrity, security or
sovereignty of Bangladesh or friendly relations with foreign States; or
objectionable or otherwise unlawful in any manner whatsoever; or which consists
of or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any "spam”.
G. YOUR COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS
If, at our request, you send certain
specific submissions (for example contest entries) or without a request from us
you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1) to
maintain any comments in confidence; (2) to pay compensation for any comments;
or (3) to respond to any comments.
We may, but have no obligation to,
monitor, edit or remove content that we determine in our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party’s intellectual property or
these Terms of Service.
You agree that your comments will
not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree
that your comments will not contain libelous or otherwise unlawful, abusive or
obscene material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website. You may not
use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any
third-party. Anything that you submit to the Site and/or provide to us,
including but not limited to, questions, reviews, comments, and suggestions
(collectively, "Submissions") will become our sole and exclusive
property and shall not be returned to you. In addition to the rights applicable
to any Submission, when you post comments or reviews to the Site, you also
grant us the right to use the name that you submit, in connection with such
review, comment, or other content. You shall not use a false e-mail address,
pretend to be someone other than yourself or otherwise mislead us or third
parties as to the origin of any Submissions. We may, but shall not be obligated
to, remove or edit any Submissions without any notice or legal course
applicable to us in this regard.
H. CLAIMS AGAINST OBJECTIONABLE
CONTENT
We list thousands of products for
sale offered by numerous sellers on the Site and host multiple comments on listings,
it is not possible for us to be aware of the contents of each product listed
for sale, or each comment or review that is displayed. Accordingly, we operate
on a "claim, review and takedown" basis. If you believe that any
content on the Site is illegal, offensive (including but not limited to
material that is sexually explicit content or which promotes racism, bigotry,
hatred or physical harm), deceptive, misleading, abusive, indecent, harassing,
blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or
menacing; ethnically objectionable, disparaging; or is otherwise injurious to
third parties; or relates to or promotes money laundering or gambling; or is
harmful to minors in any way; or impersonates another person; or threatens the
unity, integrity, security or sovereignty of Bangladesh or friendly relations
with foreign States; or objectionable or otherwise unlawful in any manner
whatsoever; or which consists of or contains software viruses, ("objectionable
content"), please notify us immediately by following by writing to us on complain@apcombd.com We will make
all practical endeavours to investigate and remove valid objectionable content
complained about within a reasonable amount of time.
Please ensure to provide your name,
address, contact information and as many relevant details of the claim
including name of objectionable content party, instances of objection, proof of
objection amongst other. Please note that providing incomplete details will
render your claim invalid and unusable for legal purposes.
I. CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual property
of others. If you believe that your intellectual property rights have been used
in a way that gives rise to concerns of infringement, please write to us at complain@apcombd.com and we will
make all reasonable efforts to address your concern within a reasonable amount
of time. Please ensure to provide your name, address, contact information and
as many relevant details of the claim including name of infringing party,
instances of infringement, proof of infringement amongst other. Please note
that providing incomplete details will render your claim invalid and unusable
for legal purposes. In addition, providing false or misleading information may
be considered a legal offense and may be followed by legal proceedings.
We also respect a manufacturer's
right to enter into exclusive distribution or resale agreements for its
products. However, violations of such agreements do not constitute intellectual
property rights infringement. As the enforcement of these agreements is a
matter between the manufacturer, distributor and/or respective reseller, it
would not be appropriate for us to assist in the enforcement of such
activities. While we cannot provide legal advice, nor share private information
as protected by the law, we recommend that any questions or concerns regarding
your rights may be routed to a legal specialist.
J. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant
that your use of our service will be uninterrupted, timely, secure or
error-free. We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable. You agree that from time to
time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that your use
of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as
expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either
express or implied, including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose,
durability, title, and non-infringement.
In no case shall Apcom e-Shop
Bangladesh, our directors, officers, employees, affiliates, agents,
contractors, interns, suppliers, service providers or licensors be liable for
any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or
any products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because jurisdictions do not allow the exclusion
or the limitation of liability for consequential or incidental damages, in such
jurisdictions, our liability shall be limited to the maximum extent permitted by
law.
You acknowledge and undertake that
you are accessing the services on the Site and transacting at your own risk and
are using your best and prudent judgment before entering into any transactions
through the Site. We shall neither be liable nor responsible for any actions or
inactions of sellers nor any breach of conditions, representations or
warranties by the sellers or manufacturers of the products nor hereby expressly
disclaim and any all responsibility and liability in that regard. We shall not
mediate or resolve any dispute or disagreement between you and the sellers or
manufacturers of the products.
We further 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 or
pricing information and/or specifications) on the Site. While we have taken
precautions to avoid inaccuracies in content, this Site, all content,
information (including the price of products), software, products, services and
related graphics are provided as is basis, without warranty of any kind. We do
not implicitly or explicitly support or endorse the sale or purchase of any
products on the Site. At no time shall any right, title or interest in the
products sold through or displayed on the Site vest with us nor shall Apcom
e-Shop have any obligations or liabilities in respect of any transactions on
the Site.
We shall neither be liable or
responsible for any actions or inactions of any other service provider as
listed on our Site which includes but is not limited to payment providers,
installment offerings, and warranty services amongst others.
K. INDEMNITY
You shall indemnify and hold
harmless Apcom e-Shop as owned by Apcom e-Shop Bangladesh a sole proprietorship
company registered in Bangladesh under the Registrar of the Local Government
(City Corporation) by the laws in Bangladesh govt, its subsidiaries, affiliates
and their respective officers, directors, agents and employees, from any claim
or demand, or actions including reasonable attorney's fees, made by any third
party or penalty imposed due to or arising out of your breach of these Terms
and Conditions or any document incorporated by reference, or your violation of
any law, rules, regulations or the rights of a third party.
You hereby expressly release Apcom
e-Shop as owned by Apcom e-Shop Bangladesh a sole proprietorship company and/or
its affiliates and/or any of its officers and representatives from any cost,
damage, liability or other consequence of any of the actions/inactions of the
sellers or other service providers and specifically waiver any claims or
demands that you may have in this behalf under any statute, contract or
otherwise.
L. THIRD PARTY BUSINESSES
Parties other than Apcom e-Shop and
its affiliates may operate stores, provide services, or sell product lines on
the Site. For example, businesses and individuals offer products via
Marketplace. In addition, we provide links to the websites of affiliated
companies and certain other businesses. We are not responsible for examining or
evaluating, and we do not warrant or endorse the offerings of any of these
businesses or individuals, or the content of their websites. We do not assume
any responsibility or liability for the actions, products, and content of any
of these and any other third-parties. You can tell when a third-party is
involved in your transactions by reviewing your transaction carefully, and we
may share customer information related to those transactions with that
third-party. You should carefully review their privacy statements and related
terms and conditions.
M. COMMUNICATING WITH US
When you visit the Site, or send
e-mails to us, you are communicating with us electronically. You will be
required to provide a valid phone number while placing an order with us. 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 we choose to employ. For contractual
purposes, 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 agree to treat all modes of
communication with the same importance.
N. LOSSES
We will not be responsible for any
business or personal losses (including but not limited to loss of profits,
revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure)
or any other indirect or consequential loss that is not reasonably foreseeable
to both you and us when you commenced using the Site.
O. AMENDMENTS TO CONDITIONS OR
ALTERATIONS OF SERVICE AND RELATED PROMISE
We reserve the right to make changes
to the Site, its policies, these terms and conditions and any other publicly
displayed condition or service promise at any time. You will be subject to the
policies and terms and conditions in force at the time you used the Site unless
any change to those policies or these conditions is required to be made by law
or government authority (in which case it will apply to orders previously
placed by you). If any of these conditions is deemed invalid, void, or for any
reason unenforceable, that condition will be deemed severable and will not
affect the validity and enforceability of any remaining condition.
P. EVENTS BEYOND OUR CONTROL
We will not 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 which is beyond our reasonable
control. This condition does not affect your statutory rights.
Q. WAIVER
You acknowledge and recognize that
we are a private commercial enterprise and reserve the right to conduct
business to achieve our objectives in a manner we deem fit. You also
acknowledge that if you breach the conditions stated on our Site and we take no
action, we are still entitled to use our rights and remedies in any other
situation where you breach these conditions.
R. TERMINATION
The obligations and liabilities of
the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes. These Terms of Service are effective
unless and until terminated by either you or us. You may terminate these Terms
of Service at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site. In addition to any other legal or
equitable remedies, we may, without prior notice to you, immediately terminate
the Terms and Conditions or revoke any or all of your rights granted under the
Terms and Conditions. Upon any termination of this Agreement, you shall
immediately cease all access to and use of the Site and we shall, 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. Any termination of this agreement shall not
affect the respective rights and obligations (including without limitation,
payment obligations) of the parties arising before the date of termination. You
furthermore agree that the Site shall not be liable to you or to any other
person as a result of any such suspension or termination. If you are
dissatisfied with the Site or with any terms, conditions, rules, policies,
guidelines, or practices in operating the Site, your sole and exclusive remedy
is to discontinue using the Site.
If in our sole judgment you fail, or
we suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or
any part thereof).
S. ENTIRE AGREEMENT
The failure of us to exercise or
enforce any right or provision of these Terms of Service shall not constitute a
waiver of such right or provision. These Terms of Service and any
policies or operating rules posted by us on this site or in respect to The
Service constitutes the entire agreement and understanding between you and us
and govern your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service). Any ambiguities in the
interpretation of these Terms of Service shall not be construed against the
drafting party.
T. GOVERNING LAW AND JURISDICTION
These terms and conditions are
governed by and construed in accordance with the laws of The People's Republic
of Bangladesh. You agree that the courts, tribunals and/or quasi-judicial
bodies located in Dhaka, Bangladesh shall have the exclusive jurisdiction on
any dispute arising inside Bangladesh under this Agreement.
U. CONTACT US
You may reach us here
V. OUR SOFTWARE
Our software includes any software
(including any updates or upgrades to the software and any related
documentation) that we make available to you from time to time for your use in
connection with the Site (the "Software"). You may use the software solely for
purposes of enabling you to use and enjoy our services as permitted by the
Terms and Conditions and any related applicable terms as available on the Site.
You may not incorporate any portion of the Software into your own programs or
compile any portion of it in combination with your own programs, transfer it
for use with another service, or sell, rent, lease, lend, loan, distribute or
sub-license the Software or otherwise assign any rights to the Software in
whole or in part. You may not use the Software for any illegal purpose. We may
cease providing you service and we may terminate your right to use the Software
at any time. Your rights to use the Software will automatically terminate
without notice from us if you fail to comply with any of the Terms and
Conditions listed here or across the Site. Additional third party terms
contained within the Site or distributed as such that are specifically
identified in related documentation may apply and will govern the use of such
software in the event of a conflict with these Terms and Conditions. All software
used in any of our services is our property and/or our affiliates or its
software suppliers and protected by the laws of Bangladesh including but not
limited to any other applicable copyright laws.
When you use the Site, you may also
be using the services of one or more third parties, such as a wireless carrier
or a mobile platform provider. Your use of these third party services may be
subject to separate policies, terms of use, and fees of these third parties. You may not, and you will not
encourage, assist or authorize any other person to copy, modify, reverse
engineer, decompile or disassemble, or otherwise tamper with our software
whether in whole or in part, or create any derivative works from or of the
Software. In order to keep the Software up-to-date,
we may offer automatic or manual updates at any time and without notice to you.
W. ERRORS, INACCURACIES AND
OMISSIONS
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to
update, amend or clarify information in the Service or on any related website,
including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related
website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
3. CONDITIONS OF SALE (BETWEEN
SELLERS AND CUSTOMERS)
Please read these conditions
carefully before placing an order for any products with the Sellers (“We” or
“Our” or “Us”, wherever applicable) on the Site. These conditions signify your
agreement to be bound by these conditions.
A. CONDITIONS RELATED TO SALE OF THE
PRODUCT OR SERVICE
This section deals with conditions
relating to the sale of products or services on the Site.
B. THE CONTRACT
Your order is a legal offer to the
seller to buy the product or service displayed on our Site. When you place an
order to purchase a product, any confirmations or status updates received prior
to the dispatch of your order serves purely to validate the order details
provided and in no way implies the confirmation of the order itself. The
acceptance of your order is considered confirmed when the product is dispatched
to you. If your order is dispatched in more than one package, you may receive
separate dispatch confirmations. Upon time of placing the order, we indicate an
approximate timeline that the processing of your order will take however we
cannot guarantee this timeline to be rigorously precise in every instance as we
are dependent on third party service providers to preserve this commitment. We
commit to you to make every reasonable effort to ensure that the indicative
timeline is met. All commercial/contractual terms are offered by and agreed to
between you and the sellers alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services and
after sales services related to products and services. Apcom e-Shop does not have
any control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the you and
the Sellers. The seller retains the right to cancel any order at its sole
discretion prior to dispatch. We will ensure that there is timely intimation to
you of such cancellation via an email or sms. Any prepayments made in case of
such cancellation(s), shall be refunded to you within the time frames
stipulated here.
C. EXCHANGE/RETURNS
Please review our Returns Policy
here.
D. PRICING, AVAILABILITY AND ORDER
PROCESSING
All prices are listed in Bangladeshi
Taka (BDT) and are inclusive of VAT and are listed on the Site by the seller
that is selling the product or service. Items in your Shopping Cart will always
reflect the most recent price displayed on the item's product detail page.
Please note that this price may differ from the price shown for the item when
you first placed it in your cart. Placing an item in your cart does not reserve
the price shown at that time. It is also possible that an item's price may
decrease between the time you place it in your basket and the time you purchase
it. We do not offer price matching for
any items sold by any seller on our Site or other websites.
We are determined to provide the
most accurate pricing information on the Site to our users; however, errors may
still occur, such as cases when the price of an item is not displayed correctly
on the Site. As such, we reserve the right to refuse or cancel any order. In
the event that an item is mispriced, we may, at our own discretion, either
contact you for instructions or cancel your order and notify you of such
cancellation. We shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your prepayment processed. If
such a cancellation occurs on your prepaid order, our policies for refund will
apply. Please note that Apcom e-Shop posses 100% right on the refund amount.
Usually refund amount is calculated based on the customer paid price after
deducting any sort of discount and shipping fee.
We list availability information for
products listed on the Site, including on each product information page. Beyond
what we say on that page or otherwise on the Site, we cannot be more specific
about availability. Please note that dispatch estimates are just that. They are
not guaranteed dispatch times and should not be relied upon as such. As we
process your order, you will be informed by e-mail or sms if any products you
order turn out to be unavailable. Please note that there are cases
when an order cannot be processed for various reasons. The Site reserves the
right to refuse or cancel any order for any reason at any given time. You may
be asked to provide additional verifications or information, including but not
limited to phone number and address, before we accept the order.
In order to avoid any fraud with
credit or debit cards, we reserve the right to obtain validation of your
payment details before providing you with the product and to verify the
personal information you shared with us. This verification can take the shape
of an identity, place of residence, or banking information check. The absence
of an answer following such an inquiry will automatically cause the cancellation
of the order within a reasonable timeline. We reserve the right to proceed to
direct cancellation of an order for which we suspect a risk of fraudulent use
of banking instruments or other reasons without prior notice or any subsequent
legal liability.
Refund Voucher
(1) Refund voucher can be redeemed
on our Website, as full or part payment of products from our Website within the
given timeline.
(2) Refund voucher cannot be used
from different account.
(3) Vouchers are not replaceable if
expired.
(4) Refund Voucher code can be
applied only once. The residual amount of the Refund Voucher after applying it
once, if any, will not be refunded and cannot be used for next purchases even
if the value of order is smaller than remaining voucher value.
Promotional Vouchers
Each issued promotional voucher (App
voucher and new customer voucher) will be valid for use by a customer only
once. Multiple usages changing the identity are illegal.
(01) Both promotional voucher and cart rule
discount may not be added at the same time;
(02) Promotional voucher is non-refundable and
cannot be exchanged for cash in part or full and is valid for a single
transaction only;
(03) Promotional voucher may not be valid during
sale or in conjunction with any special promotion;
(04) Voucher will work only if minimum purchase
amount and other conditions are met;
(05) Apcom e-Shop reserves the right to vary or
terminate the operation of any voucher at any time without notice;
(06) Apcom e-Shop shall not be liable to any
customer or household for any financial loss arising out of the refusal,
cancellation or withdrawal of any voucher or any failure or inability of a
customer to use a voucher for any reason;
(07)
Vouchers are not replaceable if expired.
Security and Fraud
(01) When you use a voucher, you
warrant to Apcom e-Shop that you are the duly authorized recipient of the
voucher and that you are using it in good faith.
(02) If you redeem, attempt to
redeem or encourage the redemption of voucher to obtain discounts to which you
are not entitled you may be committing a civil or criminal offence
(03) If we reasonably believe that
any voucher is being used unlawfully or illegally we may reject or cancel any
voucher/order and you agree that you will have no claim against us in respect
of any rejection or cancellation. Apcom e-Shop reserves the right to take any
further action it deems appropriate in such instances
E. TAXES
You shall be responsible for payment
of all fees/costs/charges associated with the purchase of products from the
Site and you agree to bear any and all applicable taxes as per prevailing law.
F. REPRESENTATIONS AND WARRANTIES
We do not make any representation or
warranty as to specifics (such as quality, value, salability, etc) of the
products or services listed to be sold on the Site when products or services
are sold by third parties. We do not implicitly or explicitly support or
endorse the sale or purchase of any products or services on the Site. We accept
no liability for any errors or omissions, whether on behalf of itself or third
parties.
We are not responsible for any
non-performance or breach of any contract entered into between you and the
sellers. We cannot and do not guarantee your actions or those of the sellers as
they conclude transactions on the Site. We are not required to mediate or
resolve any dispute or disagreement arising from transactions occurring on our
Site.
We do not at any point of time
during any transaction as entered into by you with a third party on our Site,
gain title to or have any rights or claims over the products or services
offered by a seller. Therefore, we do not have any obligations or liabilities
in respect of such contract(s) entered into between you and the seller(s). We
are not responsible for unsatisfactory or delayed performance of services or
damages or delays as a result of products which are out of stock, unavailable
or back ordered.
Pricing on any product(s) or related
information as reflected on the Site may due to some technical issue,
typographical error or other reason by incorrect as published and as a result
you accept that in such conditions the seller or the Site may cancel your order
without prior notice or any liability arising as a result. Any prepayments made
for such orders will be refunded to you per our refund policy as stipulated
here.
G. OTHERS
(1) Stock availability: The orders
are subject to availability of stock.
(2) Delivery Timeline: The delivery
might take longer than usual timeframe/line to be followed by Apcom e-Shop Delivery
might be delayed due to force majeure event which includes, but not limited to,
political unrest, political event, national/public holidays, etc
(3) Cancellation: Apcom e-Shop
retains unqualified right to cancel any order at its sole discretion prior to
dispatch and for any reason which may include, but not limited to, the product
being mispriced, out of stock, expired, defective, malfunctioned, and
containing incorrect information or description arising out of technical or
typographical error or for any other reason.
(4) Exchange / Refund Timeline: If
any order is want to Exchange or canceled, the payment or Exchange against such
order shall be Exchange or refunded within 10 to 15 working days, but it may
take longer time in exceptional cases. Provided that received cash back amount,
if any, will be adjusted with the refund amount.
You confirm that the product(s) or
service(s) ordered by you are purchased for your internal / personal
consumption and not for commercial re-sale. You authorize us to declare and
provide declaration to any governmental authority on your behalf stating the
aforesaid purpose for your orders on the Site. The Seller or the Site may
cancel an order wherein the quantities exceed the typical individual
consumption. This applies both to the number of products ordered within a
single order and the placing of several orders for the same product where the
individual orders comprise a quantity that exceeds the typical individual
consumption. What comprises a typical individual's consumption quantity limit
shall be based on various factors and at the sole discretion of the Seller or
ours and may vary from individual to individual.
You may cancel your order at no cost
any time before the item is dispatched to you.
Please note that we sell products
only in quantities which correspond to the typical needs of an average
household. This applies both to the number of products ordered within a single
order and the placing of several orders for the same product where the
individual orders comprise a quantity typical for a normal household. Please
review our Exchange / Refund Policy here.