Terms and Conditions of Using Our Site
Terms and Conditions
When you access our website (www.nipunsgallery.com) you agree to
these terms and conditions. These terms and conditions will govern your use of
our website. Please read these terms in full before you use this website. If
you do not accept these terms and conditions, please do not use this website.
Your continued use of this website confirms your acceptance of these terms.
Note: Our terms and conditions are subject to change at any time
without notice. To make sure you are aware of any changes, please review these
terms and conditions from time to time.
About
Ourselves
We are
an online marketplace and these are the terms and conditions governing your
access and 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").
Nipuns
Gallery authority reserves the right to change, add, modify, 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.
Conditional Terms of Use This Site
Website
Access
Use of
website
Website
uptime
A. User Account with Us
To
access the offered services on our site, 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 hereby agree to change
your password from time to time and to keep your account secure 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 Policy Agreement on our site.
C. Communication Platform
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.
D. Legal Requirements
while Access Our 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. Any breach of
these Terms and Conditions shall result in the immediate revocation of the
license granted in this paragraph without notice to you.
E. Trademarks and
Copyrights
www.nipunsgallery.com
marks indicated on our Site are trademarks or registered trademarks in the
relevant jurisdiction(s). Our graphics, logos, page headers, button icons,
scripts, and service names are the trademarks or trade dress and may not be
used in connection with any product or service that does not belong to us or in
any manner that is likely to cause confusion among customers, or in any manner
that disparages or discredits us. All other trademarks that appear on this Site
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by us.
All intellectual property rights, whether registered or
unregistered, in the Site, information contained on the Site, and all the
website design, including, but not limited to text, graphics, software, photos,
video, music, sound, and their selection and arrangement, and all software
compilations, underlying source code, and software shall remain our property.
The entire contents of the Site also are protected by copyright as a collective
work under Bangladesh copyright laws and international conventions. All rights
are reserved.
F. Disclaimer
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.
G. Exclusion of liability
We do
not accept liability for any loss or damage that you suffer as a result of
using this website.
H. Third-Party Businesses
Parties
other than Nipuns Gallery and its affiliates may operate stores, provide
services, or sell product lines on the Site. For example, businesses and
individuals offer products via the 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. Termination
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.
N. Governing Law and
Jurisdiction
These
terms and conditions are governed by and construed in accordance with the laws
of Bangladesh.
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
the 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 serve purely to
validate the order details provided and in no way imply 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.
C. Returns
Please
review our Returns Policy for details.
D. Pricing, Availability,
and Order Processing
All
prices listed in BD Taka are inclusive of GST 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. 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. 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.
E. Reselling our Products
Reselling
our products for business purposes is strictly prohibited. If any unauthorized
personnel is found committing the above act, legal action may be taken against
him/her.
F. 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.
G. Changes to Conditions
or Alterations of Service and Related Promise
Nipuns
Gallery authority 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. 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.
H. 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.
I. Contact Us
If you
need to know more, please feel free to contact us. If you have any questions
about these terms and conditions then please mail us at
nipunsgallery@gmail.com.