Term Conditions Page

Terms & Conditions

 

1. Terms of Use

1.1 Welcome to eTienda.biz. eTienda is an e-commerce concern of the proprietorship company named “Clip-U”. eTienda provides access to the etienda.biz website or the mobile application/app or any other media ("Website") to you subject to the terms and conditions (“Terms”) set out on this page. By using the Website, you, a registered or guest user in terms of the eligibility criteria set out herein (“User”) agree to be bound by the Terms. Please read them carefully as your continued usage of the Website, you signify your agreement to be bound by these Terms. If you do not want to be bound by the Terms, you must not subscribe to or use the Website or our services.

1.2 By impliedly or expressly accepting these Terms, you also accept and agree to be bound by eTienda Policies (including but not limited to Privacy Policy available at https://etienda.biz/privacy-policy) as amended from time to time.

 

1.3 In these Terms, references to "you", "User" shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. References to the “Website”, "eTienda", “etienda.biz”, "we", "us" and "our" shall mean the Website and/or eTienda.

1.4 The contents set out herein form an electronic record in 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. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User.

1.5 This Website may also contain links to other websites, which are not operated by eTienda, and eTienda has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

1.6 We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website. By continuing to use the Website after we post any such changes, you accept the Terms as modified.

1.7 These Terms will continue to apply until terminated by either You or eTienda in accordance with the terms set out below:

1.8 The agreement with eTienda can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.

1.9 Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination/expiry of this agreement.

2. Eligibility

2.1 Use of the Website is available only to such persons who can legally contract under the Contract Act, 1872.

2.2 If you are a minor i.e. under the age of 18 years, you shall not register as a user of GhorTheke.com and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. eTienda reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to eTienda’s notice or if it is discovered that you are under the age of 18 years.

2.3 By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

2.4 The usage of the Services offered through the Website is only available if the address of the User to which the product(s) is/are to be delivered is within Dhaka City and Out of Dhaka (i.e. within Bangladesh) only.

3. Communication

3.1 When you use eTienda.biz, or contact us via phone or email, you consent to receive communication from us. You authorize us to communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. 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 your order placed on the Website. Additionally any disclosures posted on the site, or sent to you by email fulfill the legal obligation of communication made in writing.

4. Your Account and Responsibilities

4.1 Any person may access the Website either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.

4.2 If you wish to register your account with the Website, you shall be required to create an account by registering with a valid Bangladeshi mobile number and/or your email address or by filling in the details prescribed in the Website registration form.

4.3 If you use the website, you will be responsible for maintaining the confidentiality of your username and password and you will be responsible for all activities that occur under your username and you will be under the obligation to restrict access to your computer or mobile phone to prevent unauthorised access to 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 unauthorised manner. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we have the right to suspend or terminate your membership on the website.

4.4 The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will eTienda be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against eTienda in this regard

5. Charges

5.1 Membership on the website is free for users. eTienda does not charge any fee for browsing and buying on the website. eTienda reserves the right to change its fee policy from time to time. In particular, eTienda may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event, eTienda reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy will be posted on the website and such changes will automatically become effective immediately after they are posted on the website.

6. Copyright

6.1 The material (including the content, and any other content, software or services) contained on eTienda.biz are the property of eTienda and Clip-U, its subsidiaries, affiliates and/or third party licensors. No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored or distributed without written permission from eTienda.

6.2 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.

7. Cookies

7.1 This site uses cookies, which means that you must have cookies enabled on your computer in order for all functionality on this site to work properly. A cookie is a small data file that is written to your hard drive when you visit certain Websites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies, by themselves, cannot be used to find out the identity of any user.

8. Promotional Activity

8.1 To promote its services eTienda uses various advertisements and commercials which are truthful and are not deceptive or unfair to the best of our knowledge and belief. Every user is under the obligation to go through the relevant information contained in the Website before using the service and it will be assumed that each user is aware of every information provided in the Website. Images of products in the Website are for and by reference only and actual products may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end to the fullest extent permitted by law.

9. The Contract

9.1 Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and/or containing the details of your order (the "Order Confirmation E-mail and/or SMS"). The Order Confirmation E-mail and/or SMS is acknowledgement that we have received your order, but does not confirm acceptance of your offer to buy the product(s) ordered; that when we send the Order Confirmation E-mail and/or SMS a contract called an “agreement to sell” is concluded in accordance with Section 4(3) of the Sale of Goods Act, 1930 i.e. the transfer of the property in the goods is to take place at a future time when the product(s) is/are delivered to your designated address. We only accept your offer, and the above “agreement to sell” becomes a contract of sale for product(s) ordered by you in accordance with Section 4(4) of the Sale of Goods Act, 1930, when the product(s) is/are delivered to your designated address and at that time the property in the goods is transferred from us to you.

9.2 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.

10. Product Descriptions

10.1 eTienda attempts to be as accurate as possible. eTienda does not manufacture or produce any product by themselves. Therefore, eTienda does not warrant that product descriptions or other content of any eTienda product is accurate, complete, reliable, current, or error-free. If a product offered by eTienda itself is not as described, your sole remedy is to return it in unused condition.

11. Pricing

11.1 Except where noted otherwise, the list price or suggested price displayed for products on eTienda represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price or suggested price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

12. Return Policy

12.1 A user may return any product during the time of delivery, if:

a) Product does not meet user’s expectations.

b) Found damaged during delivery

c) Have doubt about the product quality and quantity

d) Received in an unhealthy/ unexpected condition

e) You need to pay the delivery charge though you return the product

Upon arriving the products, please cross check the quantity and quality of the product. If you don’t like any of the items, you can return them through the delivery man. We don’t accept return/refund after the delivery man leaves.

13. Refund Policy

13.1 eTienda tries its best to serve the users. But if under any circumstances, we fail to fulfill our commitment or to provide the service, we will notify you within 72 hours via phone/ text/ email. If the service, that eTienda fails to complete, requires any refund, it be done maximum within 15 working days after our acknowledgement.

13.2 Refund requests will be processed under mentioned situation:

- Unable to serve with any product.

- Customer returns any product from a paid order.

- Customer cancels a paid order before it has been dispatched.

eTienda will transfer the refund amount to the user's original payment source within 15 working days.

14. Supply Policy:

14.1 eTienda, itself does not produce or manufacture any product, therefore eTienda tries to control the quality, but do not give quality assurance for any. We believe the manufacturer/ vendor/ supplier are fully capable of assuring the quality of every product.

14.2 All products displayed on the website are subject to change and are subject to availability.

15. Modifications

15.1 eTienda reserves the right to modify these Terms and Conditions. Such modifications shall be effective immediately upon posting on eTienda.biz. You are responsible for the reviewing of such modifications. Your continued access or use of eTienda.biz shall be deemed your acceptance of the modified terms and conditions.

16. eTienda Software Terms

16.1 Use of the eTienda Software/Application/App : You may use eTienda Software/ Application/ App solely for purposes of enabling you to use and enjoy the services as provided by eTienda, and as permitted by these Terms. You may not incorporate any portion of the eTienda Software / Application/ App 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 eTienda Software / Application/ App or otherwise assign any rights to the eTienda Software / Application/ App in whole or in part. You may not use the eTienda Software / Application/ App for any illegal purpose. We may cease providing any eTienda Software / Application/ App and we may terminate your right to use any eTienda Software / Application/ App at any time. Your rights to use the eTienda Software / Application/ App will automatically terminate without notice from us if you fail to comply with any of these Terms. All software used in any eTienda Service is the property of eTienda and/or its affiliates or its software suppliers and protected by laws of Bangladesh including but not limited to any other applicable copyright laws.

16.2 Use of Third Party Services: When you use the eTienda Software / Application/ App, 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 the separate policies, terms of use, and fees of those third parties.

16.3 No Reverse Engineering: 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, the eTienda Software / Application/ App, whether in whole or in part, or create any derivative works from or of the eTienda Software / Application/ App.

16.4 Updates: In order to keep the eTienda Software / Application/ App up-to-date, we may offer automatic or manual updates at any time and without notice to you.

17. Order Cancellation

17.1 During delivery if a customer don't pick up our calls for two times, we have the rights to cancel the order.

Updated on: October 01, 2020