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Terms and Conditions

1. Introduction

 

Welcome to our platform. This site is owned and operated by Kabuliwalaa Enterprise Limited, a company incorporated under the companies Act, 1994 (Registration Number C-139970/2017). These terms and conditions are lawful binding contract between users ("User(s)", "you","your","yourself","customer(s)") and Kabuliwalaa Enterprise Limited and/or its subsidiaries and partners or associates ("Kabuliwalaa.com","we","us","our","platform","website(s)","site(s)") including our programs with strategic partners and related services, and mobile apps or sub-domains or tools  and any other site on which these terms and conditions appear (collectively). These Terms and Conditions will be applied on Privacy Policy statement as well. These Terms and Conditions describes your use of the platforms in order to register an account, uses of account, order, any purchase and in relation of incurred services from Kabuliwalaa.com and its subsidiaries. By contacting to our stores executives  or going online to purchase and use our products or services or any facilities made available by us from our platform, customers are deemed to have accept and agree to be bound by these Terms and Conditions if anyone wants to use this platform.

 

Before entering, using, obtaining or availing any products or services by us please read these Terms and Conditions thoroughly.  By your continuous visit to this platform is considered as your acceptance with these Terms and Conditions. If you do not agree with these Terms and Conditions of use, you are requested not to use this platform further.

 

We have all the right reserved, at sole discretion, to make any change or modify or add or remove partially or entirely of these Terms & Conditions, at any time without set any prior written or oral notice to you. You are responsible to be update with the Terms and Conditions of use from time to time.

 

 

2. Your Eligibility

You must be 18 years or older to be eligible to using this platform. If you are a minor for instance under the age of 18 years, you will not be able to register as a user of this platform and shall not transact on or use this platform. If you want to use or transact on this platform as minor, in that case your legal guardian or parents on this platform will perform such use or transaction on your behalf. We reserve the right to cancel order, refuse service, deny to access to this site, terminate accounts   or remove or edit content if it is found that you are under the age of 18 years, and it is reasonably deemed that you are acting in breach of these Terms and Conditions or are using this platform or site in a fraudulent or improper manner.

 

3. Your Account Registration

In term of purchase or taking service or either visit purpose, anyone may access the website or platform either by register user of an account or as a guest to the website. However, a guest user may not able get entrance to all the features provided by this website or platform as well as certain offers or benefits or other promotional campaigns, which shall only be kept for registered users.

 

To create an account must provide all relevant and required information. For registration on the site, you must agree and provide true, accurate, actual, current and complete information about yourself and a unique and valid e-mail address and password upon completing account creating process. It is your responsibility to maintain and update account data to keep it accurate, up to date and complete.

 

It is you, who are fully responsible for performing all activities under your account and maintain confidentiality of your account and make sure your password is secure and restrict misuse of unauthorized access to your account.We will assume that your usage of your account for using the site with your password and user name either is you or is authorized to act for you. An unauthorized entry into your account or any other security concern you must agree to inform us immediately as soon as the incident is indentified by you. We shall not be liable for any loss or damage that you may incur as a result of someone else using your password or account either with or without your consent. You must agree and admit that you shall be liable fully for all losses arise from the use or access to the site through your account and you shall also be bound by or comply on our decision for any loss or damage arising from customers’ failure and act as per provision. 

 

 

4. Availability of the Site

We keep our efforts high to maintain our site 24/7 access facility and error free usage. Due to some unavoidable nature of internet failure as well as the site, this cannot be guaranteed at all time. Moreover, for maintenance, or add of new facilities or services at any time without any prior notice your access to the site may also be suspended or restricted temporary. We will make sure these maintenance issues will arise in less frequency and shot duration at your convenience. 

 

5. Limited License to Access the Site

Act in accordance with these Terms and Conditions described in this policy, Kabuliwalaa.com grants you limited, revocable, non-transferable non-exclusive, non-sub-licensable license to access and use this site and make personal and non-commercial use in term of product purchase and offered service of subject to the Terms and Conditions of these terms of policy. All featured contents, trademarks, service marks, logos, brand names, and other intellectual property is displayed in this  site are the property of owned and operated by Kabuliwalaa Enterprise Limited.

You may print and download (page caching) or portions of material from the different part of the platform solely for your personal use only, which does not mean that you are not granted license of any resale or commercial use of any of our product and service, or contents, even any collection and use of any product listings, descriptions, or prices, any derivative use of this site , or any downloading or copying of account information for the benefit of another merchant entity or any use of data mining, or similar data gathering and extraction tools. In addition, you must consent that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our content, without express any prior written consent to us. You must be bound by or agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the platform, the site and its content in order to retain continuous access or use of this platform. You may use this platform only as permitted by law. One person or business entity may create an account for membership purpose of the site not more than once.

However, you may not frame any part or whole of the content or apply framing related techniques, or mirror of this site to attach any trademark, logo, or other proprietary information (including text, images, page layout, or form) about us without express any written consent to concern authorities approved by us. You may not use any Meta tags or any other “hidden text” utilizing our brand name or trademarks without taking any prior written consent of us.

You agree not to copy, distribute, reproduce, republish, transmit, sell, resale, visit, publicly display, publicly perform, modify, adapt, rent, or create derivative works of the platform, the site or its content or any portion of it or otherwise exploited for any commercial purpose without express written consent of us.

Any unauthorized or restricted activities or prohibited terms (which are not permitted by law) or any breach of these Terms and Conditions allow us to terminate your use or permission or license granted by us to you for access to the platform without given any prior notice.

 

6. An E-Platform for Communication Only

You must agree, clearly understand and admit that Kabuliwalaa.com is an online platform which facilitates you to purchase products listed on the platform at the price indicated therein at any time from any method of payments you select at any location at your own convenience. Moreover you must agree and acknowledge that Kabuliwalaa.com is a communicator only and it is not and cannot be a party to or holds control of right in any manner any transactions on this platform or no control over a payment gateway as made available to you by an independent service provider.

It is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller (Manufacture/or Producer) on this site and the Buyer (You) who makes purchase through our site. At no time shall Kabuliwalaa.com holds any right, title or interest over the products nor shall Kabuliwalaa.com has any obligations or liabilities in respect of such contract while the payment processing takes place between you, the service provider and in case of prepayments your issuer bank with electronic cards. As per the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our platform. We are not responsible for unsatisfactory or delayed performance of those services provider as listed on our platform.

 

 

 

7.Electronic Communications

When you visit the site or send e-mail to us, you are communicating with us electronically. You must provide a valid phone number while placing an order with us. We may communicate with you through e-mail, SMS, phone call or by posting notices on the site or by any other mode of communication.

You thereby consent to receive communications from us electronically. We will either communicate with you by e-mail or post notices on the site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

8. Your Conduct and Terms of Use

You will not involve in such actions that could harm or partially harm or entirely harm the Site to access or use, as applicable its executives, representatives, employees, authorized personnel, other stakeholders or any other party directly or indirectly connected with the platform or access to it to be interrupted, damaged or impaired in any way.

You must agree, undertake that you, and not us, you are only responsible for all e-communications and contents sent from your device to us and you must use the Site for lawful manner only.

You must agree, accept, act and confirm that your purpose and use to access into the Site will be strictly governed by these underwritten provisions.  

You must agree, not to:

  • Breach any laws, any rules and regulations in relation to our prohibited and restricted terms herein mention this policy to use the Site
  • Upload, post, transmit or otherwise make available any content which is unlawful, harmful, threatening, vulgar, hateful, racially, ethnically or otherwise objectionable or offensive manner
  • Upload, post, transmit or otherwise make available any content featuring an unsupervised minor or use to harm minors in any way
  • Contain, upload and share videos, photographs, or images of another person (as applicable for minor or an adult)
  • Contain pornographic or obscene wordings and materials or sexually explicit content which  promotes obscenity, pedophilia, racism, bigotry, hatred or physical or mental harm of any kind against any group or individual
  • Provide such material that exploits people in a sexual, violent or otherwise unsuitable manner
  • Forge header or deceives or misleads the addressee/users otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the platform
  • Infringe any patent, trademark, copyright or other proprietary rights, intellectual property or third party's trade secrets or rights of publicity or privacy
  • Remove any proprietary notices from the site
  • Involve and promote illegal activities or conducts which is unlawful
  • Involve with the spread of "junk mail", "chain letters", or unsolicited mass mailing or "spam"
  • Violating someone's privacy(accessing to others’ user account)
  • Contain, provide, create or spread  computer or software viruses
  • Use the site for fraudulent purposes
  • Use any false e-mail address, impersonates any person or entity
  • Misleading in such way or manner
  • In relation with or promotes money laundering, gambling or counter-terrorism
  • Threaten the unity, any entity, integrity, security or sovereignty of Bangladesh or friendly relations with foreign states
  • Make political statements or promote political campaign, commercial solicitation, to cause irritation, inconvenience or unnecessary anxiety
  • Create any liability for us or cause us to make any dispute with our internet service provider or other suppliers (in whole or in part)
  • Use the platform in any manner that could be reason for damage, disable, overburden, impair, or interrupt of service on the platform or the network connected or interferes with any other party's use and enjoyment.
  • Manipulate the price of any item or interfere with other user's listings
  • Access the platform or open user account using an emulator, simulator, bot, or other alike hardware or software
  • Promote or refer any website or URL that is inappropriate, prohibit or violate the letter or spirit of these terms of use for using the platform
  • Try any unauthorized access to any portion or feature of the platform website, or any other systems or networks connected to us.
  • Try the website by hacking, password “mining” or any other illegitimate means.
  • Probe, scan or test the vulnerability of the website or any network connected to us nor breach the security issue or authentication measures

 

9. Contents Posted on this Platform

"Content" (collectively called) such text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, design, structure, selection, coordination, expression, “look and feel” and arrangement of such content is owned, controlled or licensed by Kabuliwalaa Enterprise Limited is protected by copyright, patent and trademark laws, rules & regulations.

Any contents on this platform may not be copied, republished, reproduced, publicly displayed, posted, uploaded, encoded, translated, transmitted, distributed in any way(mirroring also) to any other computer, server, website or other media or for any commercial enterprise, without our express prior written consent. Do not alterations any contents posted on the platform or not make any additional representations or warranties relating to such contents.  You may use products and services information on this platform for meaningful purpose only. 

 

10. Your Submission

When you post anything (queries, reviews, comments, and suggestions) on this platform is considered your submission and it will become the property right to us and shall not return in your favor. You grant us worldwide, perpetual and transferable rights, right us to use the name that you submit on this platform. You may not provide invalid or false e-mail address, pretend to be someone other than you 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 of your post submitted on this platform without any notice or legal obligations applicable to us in this regard.

 

11. Claimsagainst Objectionable Content

If you believe that your right or your intellectual right has been infringed, if you believe that any content on the site is illegal, offensive, unlawful manner please notify us in writing by email to[email protected]and provide us related evidence on this regard to support your claim. Do allow us time to process the information provided. We will take necessary action if it is applicable further.

Please provide your name, address, contact details correctly. Please make a note of that incomplete details will render your claim invalid and unusable.

 

12. Disclaimer

This website, all the content, information, materials and products including but not limited to software and services available to you through this platform are provided on “as is” and “as available” basis, we make no representation or warranties of any kind, express or implied as to the operation of this Site except otherwise specified in writing. We do not warrant that constantly availability, information on this website is true complete, non- misleading, accurate at all time. You expressly agree that your use of this Site is at your own risk and you are solely responsible for all damages resulting there from.

 

We further expressly disclaim 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. In addition we disclaim our servers, software, e-mail sent from the site are free of viruses, or other harmful components.

You must agree that we are not responsible or liable to you in any way or in relation for offensive or illegal content or any loss, damage or harm which you may or will suffer or incur as a result or conduct of any other party or any infringement of another's rights, unlawful purpose to use the Site. Nothing on the platform constitutes, or is meant to constitute, advice of any kind. We have taken preventative measure to avoid inaccuracies on this platform.

 

13. Warranties

You must agree, understand and acknowledge that we do not manufacture or produce any product or service except our own clothing line, in fact we are only the presenter or communicator between you and manufacturer or producer or wholesaler of the product. We do not provide any kind of warranties for items we sell through our platform. We do not provide guaranties of any products, its service, quality, safety and even their legality.

You must agree to release us from any claims related to any items inability including defective items.

 We find ourselves only to exercise reasonable care when delivering the products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law.

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.

Despite our best efforts, pricing on products or related information in our site may be incorrectly priced due to technical issue, typographical error or any reason; in that case we have all the right, to cancel your order without prior notice or any liability arising as a result. Any prepayments made for such orders will be refunded to you as per our refund policy.

 

14. Limitation of Liability

To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the platform.

Kabuliwalaa.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or suitability for a particular purpose. The materials on the site are intended for information only and are not intended by themselves to be relied on when making operational or business decisions.

Kabuliwalaa.com is in no event liable for any damages whatsoever that hold connection or is related to the content and/or reports published by Kabuliwalaa.com or users on the services.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. We will not be liable to you in respect of any loss or corruption of any data, database or software. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

To the maximum extent permitted under applicable law, neither Kabuliwalaa.com, nor any of the founders, directors, employees, interns, trust partners, licensors, customers, agents or representatives of Kabuliwalaa.com or any of its affiliates, shall have any liability of any kind or nature in connection with your use of any of our services (including, without limitation, any liability for any damage to your computer hardware and/or software), and the entire cost and risk of your use of the service and/or inability to use the service including, without limitation, any damage to your real or personal property.

Nothing in these terms of provision will limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

 

15. Termination

We have all authority right to suspend or terminate (temporary or entirely)  your use or access of the platform or any service at any time if it believes that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these terms of conditions or anyway otherwise acted unethical manner. We shall have the right to terminate any password or account of any customer in the event of any conduct by customer which we, in our sole discretion, consider to be unacceptable manner. Any such termination of the Terms and Conditions shall not cancel your debt to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms and Conditions.

 

16. Indemnity

You agree to indemnify, defend and hold harmless Kabuliwalaa.com and its owners, licensee, shareholders, subsidiaries, affiliates, directors, officers, executives, agents, co-branders or other partners, an employees (collectively, the "Indemnified Parties") from and against any and all claims, demand, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) including attorneys' fees, made by you or any third party or penalty imposed due to or arising out of your use of the goods or services(transactional dispute), or in the event you breach this terms of conditions of use, the privacy policy and other policies, or your violation of any law, rules or regulations or the rights of a third party or due to any content uploaded by you.

 

You hereby clearly release Kabuliwalaa.com as owned by Kabuliwalaa Enterprise Limited and/or its affiliates and/or any of its officers and representatives from any unwanted incidents, cost, damage, liability or other consequence specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

 

17. Trademarks and Copyrights

This site is own, operated and controlled by Kabuliwalaa Enterprise Limited. All material found on this site, including images, illustrations, audios, and videos, music, and sound, text, page headers, button icons, scripts, trade dress graphics, software, their selection and arrangement, and all software compilations, underlying source code will remain our property and are protected by copyrights, trademarks, and other property including (logo(s), brand name, domain, corporate names, service marks, trade names, app names) act that are owned and controlled by us or by other parties that have licensed their material to us.Material on the web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. These materials 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.

You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Any alterations of the materials, use of the materials for any purpose other than personal, noncommercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited without the prior written consent of us. We reserve all the right to use/reproduce any content uploaded by you and you agree to allow royalty free, irrevocably, unconditionally, perpetually and worldwide right to us to use the content for reasonable business purpose. All contents of the site are protected by copyright act under Bangladeshi copyright laws and international conventions.

 

18. Intellectual Property Rights

We own, or licensee to, all rights, title and interest in and to the service, including all patent rights, copyright, trade secret or trademark law, and any all other proprietary rights(collectively “Intellectual Property”) , including all applications, renewals, extensions and restorations thereof.

No right or license is approved directly or indirectly to you or any other party using the site to use our “Intellectual Property” or other proprietary graphic to an external link for commercial or other purposes without our express written consent, and any party (including customers) accessing the site shall not claim any right, title or interest therein.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any part of the Service.

 

19. Alterations or Revision or Amendments

We have all the right to revise or amend these terms of use, policies or any other displayed conditions at any time by posting revised version.

By continuing to use this Site after any revision becomes effective, you agree to be bound by the revised Terms and Conditions of use. If any conditions is deemed invalid, void, or for any reason unenforceable herein, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

 

20. Links to Third Party Sites

Third party links provided throughout the Site will let you leave this Site. This site contains link to third party websites, resources and advertisements (collectively "Linked Websites"). You agree that linked websites are necessary for us to provide business offer. Such linked websites are provided to you only as a convenience. We shall not be responsible if any of the linked websites is not working appropriately. We have no control over such linked websites and shall not be responsible for the contents, advertisements, products and/or services of any linked website, including without limitation any link contained in a linked website, including that relating to social networking sites such as Facebook and does not endorse any content, advertising, products, services, and/or other materials on or available from such linked websites. If you decide to access and use any of the linked websites, you do so entirely at your own risk.

You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or is likely to be caused by or in connection with use of or reliance on any content, advertisement, product and/or services available on or through any such linked websites. The purchase of any product or service from a linked website is a transaction solely between you and that linked website, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant authority. Kabuliwalaa.com has no responsibility or liability for any merchant or your relationship with such merchant.

 

21. Risk of Loses

We shall not be responsible (entirely or partially) for any business or personal losses (including but not limited to loss of profits, revenues, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably anticipated to both parties  you and us when you commenced using the site.

 

22. Governing and Applicable Law

The site, Terms and Conditions herein contained are governed and construed in accordance by the Laws of The People's Republic of Bangladesh. By accessing the Site, you agree that the courts, tribunals and/or quasi-judicial bodies located in Dhaka, Bangladesh will govern all matters relating to the Site or shall have the exclusive jurisdiction on any dispute arising inside Bangladesh under this agreement. If you choose to access this Site from another location or region, you are responsible for compliance with applicable local laws.

 

23. Product Availability and Description

The availability of the products presented on the platform depends on stock condition or availability and we do not guarantee the availability of the products. If any products requested by the customer are unavailable or out of stock, Kabiliwalaa.com shall not be held liable in any manner whatsoever. 

You acknowledge that all images, photographs or videos of the products presented, showcased, displayed, and made available on the platform are for illustrative purposes only. We will make effort to ensure that all description of product shown is as accurate as possible. Although we have given reasonable care to present the description of the Products accurately, the actual Products delivered may vary slightly from those shown on the platform due to reasons including without limitation any broadcast quality, packaging, redesign and improvements.

However, due to your display settings of device, technical issues and differences in display, variations may result in to the product’s color or size. Hence, Kabuliwalaa.com cannot guarantee that the physical product will look exactly like the display image.

 

 

 

24. Pricing

The list of price displayed on the website is in Bangladeshi Taka (BDT) and is inclusive of VAT. The list price may or may not represent the prevailing price in every area on any particular day.

Kabuliwalaa.com shall make a best effort to provide accurate product and pricing information, yet typographical errors might occur in some case. We do not confirm the price of a product until after you order. In the event that a product is listed at an incorrect manner in term of price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, contact you for further instructions, before delivery or cancellation of your order and notify you of such cancellation or to refuse/ cancel orders at any stage prior to delivery.

All prices may change without prior notification, and while every effort is made to ensure the accuracy of the prices displayed on Kabuliwalaa.com, they are not guaranteed to be accurate all the time. If any price discrepancy arises from that displayed we will inform you before dispatching the order and you will have the option of continuing with the order or not.

Items in your cart indicate the most recent price displayed on the item's product detail page. This price may slightly vary from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not keep the price shown at that time. In addition an item's price may decrease between the time you place it in your cart and the time you purchase it.

We have all the right to modify or discontinue any Service (or any part or content thereof) without prior notice at any time. We shall not be liable to any customer or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

25. All Allowances and Discounts

All types of Discounts and allowances stuff including Promo code, Coupon code, Gift card code, Adjustment code, App discount, Seasonal offers, Sign-up offer are under reductions of the basic price of products or services. The value or acceptability of the discount or coupon or gift card items will not be refunded on returns or exchanges after using for a successful order fromKabuliwalaa.com or subsidiaries. Users having multiple accounts under the same Cell Phone number, or email address cannot avail the discounts or offers more than once, as per the policy. Promotional SMS may only contain the main feature or content of the offer but Terms and Conditions are mentioned on the website.

Kabuliwalaa.com holds the right to change/revise/modify any Discount offers or Promotional allowances without given prior notice. Customer is entitled to comply accordingly. Customers cannot avail multiple discount offers in a single order. For example if a customer uses 2X vouchers then he cannot use reward points or any other discount along with the ordered item.

 

Voucher Issuance and Use:

Voucher is entitled to use for your own purchases and the Voucher shall not be sold or transferred to any other person.

Use of a Voucher may be restricted and only be applicable for some specific products in certain categories or to a minimum or stated amount/value of purchases.

Voucher Types:

The type of Vouchers and discount on purchases are as follows:

(a) Reward Voucher – discount applicable for one (1) Product purchased only. For example:

(i) Purchase two (2) or more units of Product A, discount applies only to the first unit of Product A;

(ii) Purchase one (1) unit of Product A and one (1) unit of Product B, discount applies to either Product A or Product B, but not to both products.

Note: No one who have already been indentified for fraudulent activities will not be eligible to avail any reward voucher and will not be eligible to participate in any campaign.

(b) Cart Voucher – discount is applicable for total order amount (excluding add-on items, shipping fee and E-Voucher Shopping and Mobile Re-Charge categories);

(c) Shipping Fee Voucher – discount is applicable for shipping fee for one (1) shipment i.e. one (1) voucher per shipment;

(d) Store Cart Voucher – discount is applicable for total order amount of specific Products from a specific store of ours (excluding add-on items, shipping fee and E-Voucher Shopping and Mobile Re-Charge categories); and

(e) Other types of Vouchers, as the Company may issue from time to time, subject to the discount entitlement and specific conditions as the Company shall decide.

Cancellation of Voucher:

If your Order is cancelled, your Voucher will be automatically reissued provided that the cancellation occurs within the Voucher validity period. The reissued Voucher will be valid for the remainder of the original validity period.

We will not entertain any request for extension of the validity period for the reissued Voucher. It shall be your responsibility to track the validity period.

Notwithstanding the aforementioned, we reserve the right to cancel a Voucher/Discount and/or amend the Terms and Conditions applicable for Vouchers at its sole and absolute discretion at any time without any prior notice.

 

Provisions of Using Voucher:

ü  Vouchers cannot be used after the respective expiry date.

ü  Vouchers are not reusable in the event a refund is made due to cancellation or the return of a product.

ü  Voucher cannot be used from different account.

ü  Promotional campaign voucher will be valid for use by a single customer only once. Multiple usages changing the identity is considered fraudulent act.

ü  Both promotional voucher and cart voucher/discount may not be used at the same time.

ü  Promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.

ü  Voucher may not be valid during any sale or in conjunction with any special promotion.

ü  One can use voucher if minimum designated amount is purchased and other terms are fulfilled.

Note: We shall not be held responsible to any customer for any 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.

 

 

Credits:

One (1) Credit is equivalent to BDT 1.00 in cash. Credits cannot be exchanged to cash.

Customer may earn Credits by purchasing specific Products or participating in selected promotions by Kabuliwalaa.com. We may also issue Credits to you pursuant to special promotions or for any other reason at the Company’s discretion.

You shall use any Credit received only in the manner specified by the Company on the Website and/or as specifically made known to you via email or mobile communications.

The validity period of Credits shall be for such term as the Company may specify on the Website. Although you may be notified by email prior to the expiry date of any Credit, it remains your responsibility to track the validity period of your Credits via your Member account on the Website.

Upon expiry of the validity period, any Credits you have shall be cancelled and removed from your account.Where you obtain Credits through the purchase of Products, we shall reserve the right to cancel any Credits issued where the purchase is subsequently cancelled. In addition, the Company shall have the right to cancel any Credits issued if you are found or are suspected to have breached these Terms and Conditions and/or any other Policies.

Where the cancellation of Credits pursuant to a negative balance of Credits in your account, the Company may treat such Credits as owing by you, and may recover the same by setting off the outstanding Credit amount against Credits acquired by you in the future.

We shall not be held responsible for any requests for the reissuance of expired or cancelled Credits.

 

Points:

Points can be used to redeem Credits or Coupons or Vouchers, which can then be used as a means of payment at the Website for full or partial settlement of the purchase price of products. Points cannot be exchanged to cash.

You shall use any Points received only in the manner specified by Kabuliwalaa.com on the website and/or as specifically made known to you via email or mobile communications.

The validity period of points shall be for such term as the company may specify on the website. It shall be your responsibility to track the validity period of the points via your Member account on the website.

Upon expiry of the validity period, any Points shall be cancelled and removed from your account.

Where you obtain Points through the purchase of products, we shall reserve the right to cancel any points accumulated where the purchase is subsequently cancelled. In addition, we also shall have the right to cancel any points issued if you are found or are suspected to have breached these Terms and Conditions and/or any other policies. We shall not be held responsible for any request for the reissuance of expired or cancelled points.

 

26. Order Processing

Any order requested by you, please make sure you provide correct and accurate following information,

• Customer Name

• Payment method and details

• Delivery address

• Contact information (Mobile, Land Phone)

Your successful order will be confirmed to the via SMS notification and/or via electronic mail confirmation containing a summary of the order details (Order ID) and/or such other method that we will decide from time to time without notice.

Any order may not be processed further for various reasons. Kabuliwalaa.com reserves the right to accept, refuse, cancel or reject any order from any customer or any person at any time or under any circumstances. You may be asked to provide additional verifications or information including but not limited to phone number and address, before an order is accepted.

Apart from that non-acceptance of an order by us may be a result of, without limitation any one of the following:

• The product which you have ordered is unavailable or out of stock

• Unable to obtain authorization for customers’ payment

• The identification of a pricing or product description error

• If there is false, omitted, erroneous information in customer registration of the user account

• If a customer is found to be under the age of 18 years

• If we found that it is not technically achievable to fulfill the order (including delivery).

 

Any fraudulent with credit or debit cards issue, we have all the right to  validate your payment details before shipping product to you and to verify the personal information you shared with us. This verification can be achieved through your identity, delivery address, location, or bank details. 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 direct cancellation of an order for which we found risk associate with fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.

We shall have all the right to refuse or cancel any such orders whether or not the order has been confirmed by you and your prepayment processed. If such a cancellation occurs on your prepayment order, our policies for refund will be valid. Please make sure and agree we have all right on the refund amount. 

Any changes or cancellation by a customer of any order shall be notified to us [email protected]@ any Mail

 

27. Disputes

You agree that any legal act, dispute or proceeding between Kabuliwalaa.com and you for any purpose concerning the Terms and Conditions or in relation to your visit to the Site or the products you purchase through the Site or the parties’ obligation hereunder shall be governed by laws of The People's Republic of Bangladesh.

 

28. Waiver

You must agree with that we are a private commercial business entity and has all the right to operate our business to achieve our goals in a manner we work for generate profits. You also acknowledge that if you violate any conditions stated on our Site and we take no action, in that case we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

29. Severability

If any stated provision of this Terms and Conditions is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Terms and Conditions and the remaining portions of this Terms and Conditions will continue in full force and effect.

 

30.Unavoidable Incidents

We will not be liable for any loss, damage or penalty resulting of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond our control, including, without but not limited to act of the customer, embargo or other governmental act, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, bad weather, due to rain, windstorm or other acts of nature. Above written condition does not affect your statutory rights.

 

31. Use of our Software

Our Software is considered any Software (updates or upgrades to the software and versions) that we make available to you from time to time for your use.

You may use the Software for transaction, purchase and visit purposes only and enjoy our services as permitted by the Terms and Conditions. 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.

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.

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.

In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without provide any prior notice to you.

 

32. Delivery

Kabuliwalaa.com promises in its way to deliver products to all parts of Bangladesh.

Shipping Charges:

A fixed shipping cost will be charged of BDT 55 on all orders at Dhaka City only. Outside Dhaka City BDT 99 is applicable on all orders from website.

These shipping charges applicable are not refundable in the case of your “Change of mind” Return/Cancellation of the product or the order. The shipping charges can be modified by Kabuliwalaa.com at any time without prior notice.

 

Estimated Shipping Time:

The shipping hours should be in business hour set by us. Customers are advised to call helpline number+880-1764081192 if he/she wishes to request for an urgent (Express) or special delivery.

Inside Dhaka City One Business Day (Depends on product Categories, availability, third party carrier service, events beyond control, unavoidable circumstances)

Outside Dhaka City3 to 4 Business Days (Depends on product Categories, availability, third party carrier service, events beyond control, unavoidable circumstances)

** Valid only for owned stock. Shipping time may increase for third party shipments.

 

Shipping Address:

The address specified by the customer in an order, provided that such address falls within the designated delivery areas. You are advised to check at the point of placing an order, the designated delivery areas and Kabuliwalaa.com shall be entitled to reject any delivery which is not within the designated delivery areas.

Please must write valid shipping address with hints or notes for both party conveniences at the time before place order. You can change the shipping address of your order only if the order is in confirmed or pending status and none of the item(s) purchased in the orders are shipped. To change your designated shipping address please make sure keep updating your profile account with recent delivered address data.

 

Others:

  • Kabuliwalaa.com can assign at its sole discretion at any time to appoint any third party (collectively “Delivery Provider” including Business Partner or its authorized personnel) to carry out logistics and shipping services to deliver a product to a customer without giving prior notice.
  • The Customer shall notify us if he/she intends to authorize a third party to receive delivery of the product ordered.

 

Notwithstanding the above, the shipping periods may be changed and revised from time to time by Kabuliwalaa.com as it deems fit at its absolute discretion and Kabuliwalaa.com shall not be liable to any delay due to reasons beyond control.

Risk of damage to or loss of the products shall pass to the customer at the time of delivery. Products shall not pass to the customer until Kabuliwalaa.com has received payment (through third party) in full of the price of the products in an order. To the extent permitted by Law after deliver any product, Kabuliwalaa.com shall not be liable to any customer for any losses, liabilities, costs, damages, charges and/or upon passing of risk to customer.

For more information customers are advised to call the hotline number at +880-1764081192and for any further details on delivery terms before placing an order for any product.

 

 

33. Payments

Select the right payment method is very important in order to place order. Kabuliwalaa.com is accepting payments in underwritten very easy and convenient ways which are stated below:

 

  • Credit Cards & Debit Cards

We accept VISA, MASTER and AMERICAN EXPRESS Credit Cards etc. issued in Bangladesh and we accept Debit cards of all banks issued in Bangladesh. All Credit card and Debit card payments on Kabuliwalaa.com are processed through secure and trusted payment gateways managed by leading Bangladesh banks and payment gateway service providers.

 We are committed to provide you safe way of transacting online uses 24/7. We implement latest and secure technology to protect your card information while securely transmitting it for processing the payment.

We do not store Credit / Debit card numbers, CVV / Security Code, Pin for 3D Secure, Expiry date on any of its servers and only collects in a session while making a transaction. Credit card numbers are protected with a high level of encryption when transmitted over the Internet. The said information may however be stored by Risk Management / Fraud Management Systems of banks/payment gateways authority to do so. Risk Management / Fraud Management Systems are used for ensuring that payment card frauds are kept to minimum and all necessary information regarding payment cards is secure for you, us and the payment card industry.

Payment made by credit card or any other mode mentioned here should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the payment modes, you agree that you shall pay all amounts due upon demand by us.

We shall not be held liable or responsible for any credit card/debit card fraudulent which arise your any financial or technical losses.

  • Payments through Mobile Banking

You can easily make payments through Bkash, Rocket, Nagad on our merchant number there.

 

  • Cash on Delivery(COD)

You can also make payments at your door step on cash. In this case you pay in Cash to the delivery executive or courier person while accepting the product.

  • Card on Delivery(POS Machine)

You may request us for Card payments right at your door step. We provide POS machine on demand at your convenience. But make sure your order might fulfill our POS machine using criteria.

Min. order valuing more than BDT 10,000 can ask for POS machine across Dhaka Metro.

Min. order valuing more than BDT 2000 can ask for POS machine in areas Mirpur, Shyamoli, Mohammadpur,Kallyanpur, Dhanmondi(Dhaka) only.

 

  • Payment via Bank Transfer

Customer can make direct payment to our nominated Bank account for their purchased.

Bank Account Details (1)

Bank Account Name:Kabuliwalaa Enterprise Limited

Bank Name:Social Islami Bank Limited (Shyamoli Branch)

Bank A/C Number:1371330001101

Bank Account Details (2)

Bank Account Name:Kabuliwalaa Enterprise Limited

Bank Name:City Bank (Shyamoli Branch)

Bank A/C Number:1402465586001

 

34. Contact

For further information regarding the Terms & Conditions or for any queries you may Contact Usat+880-1764081192or for any questions about the Terms & Conditions you are requested toemail us at[email protected]