IMPORTANT - READ THESE TERMS CAREFULLY BEFORE USING
OUR PRODUCTS OR USING OUR SERVICES. BY PURCHASING OR USING ANY PRODUCTS,
SOFTWARE, SCRIPTS OR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE
AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS.
YOU BEAR ALL RISK OF DATA LOSS ASSOCIATED WITH IT. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT DOWNLOAD OR INSTALL OR
USE OUR PRODUCTS OR SERVICES.
This is an End-User License Agreement (the
"Agreement") between SMART COLLECTIONS BD (herein after "
licensor/we") and you, as either an individual or as a business entity
(herein after "you"), who is being licensed to use any products or
services (herein after "Products") sell, advertise or delivered by our
company.
By visiting our website and/or purchasing
something from us, you become a user of the website and engage in our
“Services”. Such engagement will consecutively mean the user agreeing to be
bound by the following terms and conditions (also referred to as “Terms of
Service”, “Terms of use” or “Terms”), including those additional terms &
conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the website including, but not limited
to, users who are browsers, vendors, customers, merchants, affiliations,
and or contributors of content.
Please read this Terms of Service carefully before
accessing or using our website or our services. By accessing or using any part
of the website, you agree to be legally bound by these Terms of Service. If you
do not agree to all the Terms of this agreement, then you may not access the
website or use any of the services.
Any new addition of features, services or tools
shall also be deemed to be subject to the Terms of Service in force. You can
review the most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part of these Terms
& Conditions by posting updates and/or changes to our website. Therefore in
order to stay updated on the Terms, please check this page periodically for
changes. Your continued use of, or access to the website, following the posting
of any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL CONDITIONS
By agreeing to these Terms of Service, you
represent that you are at the age of majority in your present State or Province
of residence, or that you have given us your consent to allow any of your minor
dependents to use this website where you are the age of majority in your State
or Province of residence.
You may not use our products for any illegal or
unauthorized purpose nor may you, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright laws). You must
not transmit any worms or viruses or any code of a destructive nature. A breach
or violation of any of the Terms will result in an immediate termination of
your Services.
We reserve the right to refuse service to anyone
for any reason at any time. You understand that your content (not including
credit card information), may be transferred unencrypted and may involve the
following:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to
the Service on the website through which the service is provided, without
express written permission by us.
SECTION 2 – AVAILABILITY AND PRICING
Availability and pricing of all items are subject
to availability. SMART Collections BD will inform you as soon as possible if
the product(s) and services you have ordered are not available. If not, then
Customer Care will offer similar alternatives or refunds if paid in advance.
As part of visiting and/or purchasing anything
from SMART COLLECTIONS BD, you warrant to agree to understand that due to the
nature of the business, availability may change even after an order has been
placed. In an event where the product is no longer available, Customer Care
will offer alternatives or the option to cancel your order wholly.
All prices are subject to change without
notification, and while every effort is made to ensure the accuracy of the
prices displayed on SMART Collections BD, they are not guaranteed to be
accurate. If any price is different from that displayed we will inform you
before dispatching the order and you will have the option of continuing with
the order or not.
We reserve the right at any time to modify or
discontinue any Service (or any part or content thereof) without 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.
SECTION 3 – PRODUCTS
Products are available exclusively online through SMART
Collections BD. These products or services may have limited quantities and are
subject to return or exchange only according to our Return and Replacement
Policy.
SMART COLLECTIONS BD has made every reasonable
effort to be as accurate as possible in displaying the product in its original
color and accurate size. However, due to your device’s display settings,
technical issues, and differences in display, variations may come to the
product’s color or size. Hence, SMART COLLECTIONS BD cannot guarantee that the
physical product will look exactly like the display image. If a product from SMART
COLLECTIONS BD is not as described, your sole remedy is to return it unused by
fulfilling all the conditions as per our Return and Replacement Policy.
We reserve the right but are not obligated, to
limit the sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer, at
any time. All descriptions of products or product pricing are subject to change
at any time without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time.
SECTION 4 – ACCURACY OF BILLING AND ACCOUNT
INFORMATION
We reserve the right to refuse any order you place
with us. We may, in our sole discretion, limit or cancel quantities purchased
per person or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that use
the same billing and/or shipping address. In the event that we make a change to
or cancel an order, we may attempt to notify you by contacting through the
phone number or e-mail provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers or distributors.
As a visitor or a customer, you agree to provide
current, complete and accurate account information for all purchases made at
our store. You also agree to promptly update your account and other
information, including your email address and credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
Each user accounts must be created under one
distinctive registered Cell Phone number, and email address of the user.
Multiple accounts cannot be created under the same information as mentioned. In
such an event the user cannot avail more than once any of the offers, deals,
discount coupons, or Gift Coupons during campaigns or other occasional sales.
SECTION 5 – DISCOUNTS & ALLOWANCES
Discounts and allowances (coupon code, promo code,
occasional offers or sign-up offer, etc.) are reductions of the basic price of
products or services. The value of the discount coupon or gift card will not be
refunded on returns or exchanges after using it for a successful order from SMART
Collections BD. Users having multiple accounts under the same Cell Phone
number, or email address cannot avail of the discounts or offers more than
once, as is the policy. Promotional SMS may only contain the main content of
the offer but terms and conditions are mentioned on the website. SMART
COLLECTIONS BD holds the right to change/revise/modify any Discount offers OR Promotional
Allowances without prior notice. The customer is entitled to comply accordingly.
SECTION 6 – THIRD-PARTY LINKS
Certain content, products, and services available
via our Service may include wholly or partly, materials from third parties only
for the purpose of providing you with better service.
Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are neither
responsible for examining or evaluating the content or accuracy nor do we
warrant any liability for third-party materials, website content, services or
any other materials from third parties.
We are not liable for any harm or damages related
to the purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Any complaints, claims, concerns, or
questions regarding third-party products or services should be directed to the
third party.
SECTION 7 – PERSONAL INFORMATION
Your submission of personal information through
the store is governed by our Privacy Policy. Visit our website to learn more
about our Privacy Policy.
SECTION 8 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our
website or some Services containing typographical errors, inaccuracies or
omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information, on our or on any related website, is
inaccurate at any time without prior knowledge (including after you have
submitted your order or concern).
We undertake no obligation to update, amend or
clarify information on our or on any related website, including without
limitation, pricing information, except as required by law.
No specified update or refresh date applied in the
Service or, on any related website, should be taken to indicate that all
information in the Service or on any related website has been modified or
updated.
SECTION 9 – ORDER CANCELLATION
SMART Collections BD promises to deliver quality
and authentic products to its customers. Therefore, SMART COLLECTIONS BD always
runs Quality Control checks after receiving the ordered product from the
authorized vendors. SMART COLLECTIONS BD reserves all rights to cancel any
order of the customer after finding any quality issue from Quality Control
checks of the ordered product, as we aim to give our customers the best online
shopping experience.
SMART Collections BD also reserves all rights to
cancel any order if the ordered product is unavailable or if it is
out-of-stock. Product unavailability cannot be predetermined or predicted by
the website, whether it is due to unavoidable inventory management issues,
website management issues, vendor stock update issues or any other
unpredictable reason.
SECTION 10 – PROHIBITED USES
In addition to other prohibitions as set forth in
the Terms of Service, you are prohibited from using the website or its contents:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in
any unlawful acts;
(c) to violate any international, federal,
provincial or national regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame,
slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other
type of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet;
(h) to collect or track the personal information
of others;
(i) to spam, phish, pharm, pretext, spider crawl,
or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security
features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses.
SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that
your use of our service will be uninterrupted, timely, secure or error-free. We
do not warrant that the results that may be free from error obtained from the
use of the service will be accurate or reliable. User must understand that,
from time to time we may remove the service for indefinite periods of time or
cancel the service at any time, without prior notice to you, under different
circumstances.
You expressly agree that your use of, or inability
to use the service is solely your risk. The service and all products and
services delivered to you through the service are (except as expressly stated
by us) provided 'as is' and 'as available' for your use, without any
representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall SMART COLLECTIONS BD, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, vendors, service providers or licensors be liable for any injury,
loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation, lost profits,
lost revenue, lost savings, loss of data, replacement costs, or any similar
damages, whether based in contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in any way
to your use of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of
their possibility.
It must also be stated that most of SMART
COLLECTIONS BD's products carry a Warranty, the user can avail of the warranty
directly at any brand authorized Servicing Point or through BDSHOP as well.
However, any use of the product that results in
any injury, loss, or damage whether direct or indirect, will not make BDSHOP
liable for providing servicing facilities provided that, such direct or
indirect use and the results thereof, is not covered nor supported by the provisions
under the products accompanying Warranty.
For more information, please visit our Warranty
Policy page.
SECTION 12 – INDEMNIFICATION
As a user of the website and the services therein,
you agree to indemnify, defend and hold BDSHOP harmless and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, vendors, interns and
employees, harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of your breach of these
Terms of Service or any documents they incorporate by reference or your
violation of any law or the rights of a third-party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms of
Service is determined to be unlawful, void or unenforceable, such provision
shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these
Terms of Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes. These Terms of Service are effective unless and
until terminated by either you or us. You may terminate these Terms of Service
at any time by notifying us that you no longer wish to use our Services, or
when you cease using our site.
If, in our sole judgment, you fail or we suspect
that you have failed to comply with any term or provision of these Terms of
Service, we also may terminate this agreement at any time without notice and
you will remain liable for all amounts due up to and including the date of
termination; and/or accordingly may deny you access to our Services (or any
part thereof as may be deemed fit).
The failure of us to exercise or enforce any right
or provision of these Terms of Service shall not constitute a waiver of such
right or provision. Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.
These Terms of Service and any policies or
operating rules posted by us on this site or in respect to The Service
constitutes the entire agreement and understanding between you and us and
govern your use of the Service, superseding any prior or contemporaneous
agreements, communications, and proposals, whether oral or written, between you
and us (including, but not limited to, any prior versions of the Terms of
Service).
SECTION 15 – GOVERNING LAW
These Terms of Service and any separate agreements
whereby we provide you Services shall be governed by and construed and
interpreted in accordance with the applicable laws governing eCommerce in
Bangladesh. Any and all actionable legal claims or proceedings arising out of,
or in connection to this website, must be brought within the jurisdiction of a
competent Court in Bangladesh.
SECTION 16 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the
Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to
update, change or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
Last Update: 01/03/2024