This page
(together with our Privacy Policy, Terms of Website Use and Website Acceptable
Use Policy) tells you information about us and the legal terms and conditions (Terms)
on which we sell any of the products (Products) listed on our website (our
site) to you.
These
Terms will apply to any contract between us for the sale of Products to you
(Contract). Please read these Terms carefully and make sure that you understand
them, before ordering any Products from our site. Please note that before
placing an order you will be asked to agree to these Terms. If you refuse to
accept these Terms, you will not be able to order any Products from our site.
You can
print a copy of these Terms or save them to your computer for future reference.
We amend
these Terms from time to time as set out in clause 6. Every time you wish to
order Products, please check these Terms to ensure you understand the terms
which will apply at that time.
1 About Us
1.1 We
operate the website www.badamala.com . We are registered by the
law of Bangladesh, the terms of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ (Information & Communication
Technology Act, 2006) and rules there under as applicable and as amended from
time to time. Our registered office is at 46 Kazi Nazrul Islam Avenue, Karwan
Bazar, Dhaka 1215. We only supply the Products for domestic and private use.
You agree not to use the product for any commercial, business or resale
purposes, and we have no liability to you for any loss of profit, loss of
business, business interruption, or loss of business opportunity.
1.2
Contacting us: (a) to cancel a Contract in accordance with your legal right to
do so as set out in clause 7, you just need to let us know that you have
decided to cancel. You can e-mail us at service@badamala.com or contact our
Customer Services team by telephone on 09666911473 by post to: Badamala
Customer Services, Badamala Head Office, 46 Kazi Nazrul Islam Avenue, Karwan
Bazar, Dhaka 1215.
(b)
If you wish to contact us for any other reason, including because you have any
complaints, you can contact us by telephoning our customer service team at
09666911473 or by e-mailing us at service@badamala.com.
(c) If we
have to contact you or give you notice in writing, we will do so by e-mail or
by pre-paid post to the address you provide to us in your order.
2 Our Products
2.1 The
images of the Products on our site are for illustrative purposes only. Although
we have made every effort to display the colors accurately, we cannot guarantee
that your computer's display of the colors accurately reflect the color of the
Products. Your Products may vary slightly from those images. The packaging of
the Products may vary from that shown on images on our site.
2.2 We
try to get Product descriptions, pricing and specifications right, but
specifications may change and we reserve the right to withdraw or substitute
items if necessary. Products are subject to availability, while stocks last.
3 Use of Our Site
Your use
of our site is governed by our Terms of website use and Website Acceptable Use
Policy. Please take the time to read these, as they include important terms
which apply to you.
4 How We Use Your Personal Information
We only
use your personal information in accordance with our Privacy Policy. Please
take the time to read our Privacy Policy, as it includes important terms which
apply to you.
5 How the Contract is formed between You and Us
5.1 Our
shopping pages will guide you through the steps you need to take to place an
order with us. Our order process allows you to check and amend any errors
before submitting your order to us. Please take the time to read and check your
order at each page of the order process.
5.2 After
you place an order, you will receive an e-mail from us acknowledging that we
have received your order. However, please note that this does not mean that
your order has been accepted. Our acceptance of your order will take place as
described in clause 6.3.
5.3 Our
acceptance of your order will take place when we e-mail you with confirmation
that the Products have been dispatched (Dispatch Confirmation). The Contract
between us will only be formed when we send you the Dispatch Confirmation. If
we are unable to supply you with a Product, for example because that Product is
not in stock or no longer available or because we cannot meet your requested
delivery date or because of an error in the price on our site as referred to in
clause 11.3, we will inform you of this by e-mail and we will not process that
part of your order which deals with the Product. If you have already paid for
the Product, we will refund you the full amount including any delivery costs
charged as soon as possible, in the case of an Order with multiple Products we
will refund only that element of the order which relates to the price of the
Product and we will not refund the delivery costs. Each order made will be
charged separately. If only part of your order is available, we will only
dispatch the items that are in stock, and cancel the out of stock items.
6 Our Right to vary These Terms
6.1 We
amend these Terms from time to time.
6.2 Every
time you order Products from us, the Terms in force at the time of your order
will apply to the Contract between you and us.
6.3 We
may revise these Terms as they apply to your order from time to time to reflect
changes in relevant laws and regulatory requirements.
6.4 If we
have to revise these Terms as they apply to your order, we will contact you to
give you reasonable advance notice of the changes and let you know how to
cancel the Contract if you are not happy with the changes. You may cancel
either in respect of all the affected Products or just the Products you have yet
to receive. If you opt to cancel, you will have to return (at our cost) any
relevant Products you have already received and we will arrange a full refund
of the price you have paid, including any delivery charges.
7 Your Right of Return and Refund
7.1 If
you are a consumer and purchase items online, you have a legal right to cancel
a Contract under the Consumer rights. This means that during the relevant
period if you change your mind or decide for any other reason that you do not
want to receive or keep a Product, you can notify us of your decision to cancel
the Contract and receive a refund.
7.2 For
the packed groceries the change availability will be 7 days but for the raw
vegetables, Fruits and other perishable products the change option will be
available for 5 hours after ordering it.
7.3 Your
legal right to cancel a Contract starts from the date of the Dispatch
Confirmation (the date on which we e-mail you to confirm our acceptance of your
order), which is when the Contract between us is formed. Your deadline for
cancelling the Contract then depends on what you have ordered and how it is
delivered.
Returns
End of
the cancellation period
Your
contract is for a single product (which is not delivered in installments on
separate days). The end date for packed products is the end of 7 days but for
the raw vegetables, Fruits and other perishable products the change option will
be available for 5 hours after ordering it after the day on which you receive
the goods. Example: if we provide you with a Dispatch Confirmation on 1 January
and you receive the goods on 10th January you may cancel at any time between 1
January and the end of the day on 17 January.
7.4 To
cancel a Contract, you just need to let us know that you have decided to
cancel. The easiest way to do this is to print off and complete the
cancellation form on our website and then send this form to us by email or
phone call. You can also e-mail us at Customer Services at service@badamala.com
or contact our Customer Services team by telephone on 09666911473 or by post to
Badamala customer services, Badamala Head Office, 46 Kazi Nazrul Islam Avenue,
Karwan Bazar, Dhaka 1215. If you are e-mailing us or writing to us please
include details of your order to help us to identify it. If you send us your
cancellation notice by e-mail or by post, then your cancellation is effective
from the date you send us the e-mail or post the letter to us. For example, you
will have given us notice in time as long as you get your letter into the last
post on the last day of the cancellation period or e-mail us before midnight on
that day.
7.5 If
you cancel your Contract we will: (a) refund you the price you paid for the
Products. However, please note we are permitted by law to reduce your refund to
reflect any reduction in the value of the goods, if this has been caused by
your handling them in a way which would not be permitted in a shop.
(b)
Refund any delivery costs you have paid, although, as permitted by law, the
maximum refund will be the costs of delivery by the least expensive delivery
method we offer (provided that this is a common and generally acceptable
method). For example, if we offer delivery of a Product within 3-5 days at one
cost but you choose to have the Product delivered within 24 hours at a higher
cost, then we will only refund what you would have paid for the cheaper
delivery option.
(c) Make
any refunds due to you as soon as possible and in any event within the
deadlines indicated below: (i) if you have received the Product and we have not
offered to collect it from you: 7 days after the day on which we receive the
Product back from you or, if earlier, the day on which you provide us with
evidence that you have sent the Product back to us. For information about how
to return a Product to us, see clause 8.8;
(ii) If
you have not received the Product or you have received it and we have offered
to collect it from you: 7 days after you inform us of your decision to cancel
the Contract.
7.6 If
you have returned the Products to us under this clause 8 because they are
faulty or mis-described, we will refund the price of the Products in full,
together with any applicable delivery charges, and any reasonable costs you
incur in returning the item to us.
7.7 We
will refund you on the customer card (which we will provide) credit card or
debit card used by you to pay. If the card you used to pay with expires before
the refund is made please call us to give us your new card details.
7.8 If a
Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not
later than 7 days after the day on which you let us know that you wish to
cancel the Contract. You can either send it back or return it to us in-store.
Please note that we do not offer an exchange service by post. Please see our
Returns page headed Returns by Post for our returns address and how to arrange
a return;
(b)
Unless the Product is faulty or not as described (in this case, see clause
8.6), you will be responsible for the cost of returning the Products to us. If
the Product is one which cannot be returned by post, we estimate that if you
use the carrier which delivered the Product to you, these costs should not
exceed the sums we charged you for delivery. If we have offered to collect the
Product from you, we will charge you the direct cost to us of collection from
our usual carrier.
Delivery
8.1 We
will contact you with an estimated delivery date, which will be within 1 day
after the date of the Dispatch Confirmation (the date on which we e-mail you to
confirm our acceptance of your order). Occasionally our delivery to you may be
affected by an Event outside Our Control. See clause 15 for our
responsibilities when this happens. If no one is available at your address to
take delivery, where possible our couriers will leave the parcel in a safe
place or with a neighbor, if neither of these options are available our courier
will leave a card explaining what the next step is in the delivery process.
8.2
Delivery of an order shall be completed when we deliver the Products to the
address you gave us or you or a carrier organised by you collect them from us
and the Products will be your responsibility from that time.
8.3 You
own the Products once we have received payment in full, including all
applicable delivery charges and the Products have been delivered to you, as set
out in clause 8.2 above.
8.4 If we
miss the 1 day or 24 hours delivery deadline for any Products then you may
cancel your order straight away if any of the following apply: (a) we have
refused to deliver the Products; (b) delivery within the delivery deadline was
essential (taking into account all the relevant circumstances); or
(c) you
told us before we accepted your order that delivery within the delivery
deadline was essential.
8.5 If
you do not wish to cancel your order straight away, or do not have the right to
do so under clause 8.4, you can give us a new deadline for delivery, which must
be reasonable, and you can cancel your order if we do not meet the new
deadline.
8.6 If
you do choose to cancel your order for late delivery under clause 8.4 or clause
8.5, you can do so for just some of the Products or all of them, unless
splitting them up would significantly reduce their value. If the Products have
been delivered to you, you will have to return them to us or allow us to
collect them, and we will pay the costs of this. After you cancel your order we
will refund any sums you have paid to us for the cancelled Products and their
delivery.
8.7 For
all Delivery Options: Each order made will be charged separately. If only part
of your order is available, we will only dispatch the items that are in stock,
and cancel the out of stock items. You will not be charged for anything we do
not send to you.
If you
aren’t in when we call to deliver we won’t always need a signature, we can
leave it with a neighbor or in a safe place for you.
Whilst we
are able to deliver to your work address, remember that these orders may take
slightly longer to get to you. But be sure we'll do everything we can to get it
there as soon as possible.
If you
have not collected your order after 3 days, we’ll send you a reminder, and
again after 5 days. If we get to 7 days we will refund your money and return
the order.
10 No International Delivery
Unfortunately,
we do not deliver to addresses outside Bangladesh.
11 Price of products and delivery charges
11.1 The
prices of the Products will be as quoted on our site at the time you submit
your order. We take all reasonable care to ensure that the prices of Products
are correct at the time when the relevant information was entered onto the
system. However please see clause 11.5 for what happens if we discover an error
in the price of Product(s) you ordered.
11.2
Prices for our Products may change from time to time, but changes will not
affect any order you have already placed.
11.3 The
price of a Product includes VAT (where applicable) at the applicable current
rate chargeable in Bangladesh for the time being. However, if the rate of VAT
changes between the date of your order and the date of delivery, we will adjust
the VAT you pay, unless you have already paid for the Products in full before
the change in VAT takes effect.
11.4 The
price of a Product does not include delivery charges. Our delivery charges are
as advised to you during the check-out process, before you confirm your order.
11.5 Our
site contains a large number of Products. It is always possible that, despite
our reasonable efforts, some of the Products on our site may be incorrectly
priced. If we discover an error in the price of the Products you have ordered
we will contact you over phone to inform you of this error and we will give you
the option of continuing to purchase the Product at the correct price or
cancelling your order. We will not process your order until we have your
instructions. If we are unable to contact you using the contact details you provided
during the order process, we will treat the order as cancelled and notify you
in writing. Please note that if the pricing error is obvious and unmistakable
and could have reasonably been recognised by you as a mis-pricing, we do not
have to provide the Products to you at the incorrect (lower) price.
12 How to Pay
12.1 You
can only pay for Products using a debit card, credit card or cash on delivery.
We accept the following cards: Visa, MasterCard, bkash, Rocket.
12.2
Payment for the Products and all applicable delivery charges is in advance.
When you order Products online and pay by card, we will not charge your debit
card or credit card until we dispatch your order. If you pay by bkash, Rocket
we will deduct the funds immediately. For online orders placed in store,
payment will be taken at the time the order is placed.
13 Manufacturer Guarantees
13.1 Some
of the Products we sell to you come with a manufacturer's guarantee. For
details of the applicable terms and conditions, please refer to the manufacturer's
guarantee provided with the Products.
13.2 A
manufacturer's guarantee is in addition to your legal rights in relation to
Products that are faulty or not as described.
14 Our Liability
14.1 If
we fail to comply with these Terms, we are responsible for loss or damage you
suffer that is a foreseeable result of our breach of these Terms or our
negligence. Loss or damage is foreseeable if it is an obvious consequence of
our breach or if it was contemplated by you and us at the time we entered into
this contract.
14.2 We
only supply the Products for domestic and private use. You agree not to use the
product for any commercial, business or resale purposes, and we have no
liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.
14.3 We
do not in any way exclude or limit our liability for: (a) death or personal
injury caused by our negligence;
(b) fraud
or fraudulent misrepresentation;
(c)
defective products under the Consumer Protection Act.
15 Events outside our control
15.1 We
will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations under a Contract that is caused by an
Event outside Our Control. An Event outside Our Control is defined below in
clause 15.2.
15.2 An
Event Outside Our Control means any act or event beyond our reasonable
control[, including without limitation strikes, lock-outs or other industrial
action by third parties, civil commotion, riot, invasion, terrorist attack or
threat of terrorist attack, war (whether declared or not) or threat or
preparation for war, fire, explosion, storm, flood, earthquake, extreme weather
conditions, subsidence, epidemic or other natural disaster, or failure of
public or private telecommunications networks or impossibility of the use of
railways, shipping, aircraft, motor transport or other means of public or
private transport.
15.3 If
an Event outside Our Control takes place that affects the performance of our
obligations under a Contract: (a) we will contact you as soon as reasonably
possible to notify you; and
(b) our
obligations under a Contract will be suspended and the time for performance of
our obligations will be extended for the duration of the Event Outside Our
Control. Where the Event Outside Our Control affects our delivery of Products
to you, we will arrange a new delivery date with you after the Event Outside
Our Control is over.
15.4 You
may cancel a Contract affected by an Event outside Our Control which has
continued for more than 7 days. To cancel please contact us. If you opt to
cancel, you will have to return (at our cost) any relevant Products you have
already received and we will refund the price you have paid, including any
delivery charges.
16 Eligibility
2.1
Use of the Website is available only to such persons who can legally contract
under the Contract Act, 1872.
17 Other Important Terms
17.1 We
may transfer our rights and obligations under a Contract to another
organization, but this will not affect your rights or our obligations under
these Terms. We will always notify you in writing or by posting on this webpage
if this happens.
17.2 You
may only transfer your rights or your obligations under these Terms to another
person if we agree in writing. However if you are a consumer and you have
purchased a Product as a gift, you may transfer the benefit of any guarantee
offered with the Product, if there is one, as provided for in clause 13.1, to
the recipient of the gift without needing to ask our consent.
17.3 This
Contract is between you and us. No other person shall have any rights to
enforce any of its terms, whether under the Contracts (Rights of Third Parties)
Act 1999 or otherwise. However, if you are a consumer, the recipient of your
gift of a Product will have the benefit of our warranty, if there is one, at as
provided for in clause 13.1, but we and you will not need their consent to
cancel or make any changes to these Terms. 17.4 Each of the paragraphs of these
Terms operates separately. If any court or relevant authority decides that any
of them are unlawful or unenforceable, the remaining paragraphs will remain in
full force and effect.
17.5 If
we fail to insist that you perform any of your obligations under these Terms,
or if we do not enforce our rights against you, or if we delay in doing so,
that will not mean that we have waived our rights against you and will not mean
that you do not have to comply with those obligations. If we do waive a default
by you, we will only do so in writing, and that will not mean that we will
automatically waive any later default by you.
17.6
Please note that these Terms are governed by Bangladesh law. This means a
Contract for the purchase of Products through our site and any dispute or claim
arising out of or in connection with it will be governed by Bangladesh law. You
and we both agree to that the courts of Bangladesh will have non-exclusive
jurisdiction.
17.7 If
you have a complaint, our complaints handling policy is that your complaint is
picked up within 24 hours of it being lodged with us and investigated at the
appropriate level within our organization. We offer no guarantees whatsoever in
relation to how long it will take to resolve your complaint.