INTRODUCTION
This website is operated by sgallery (www.sgallery.shop). The terms “We”, “Us” and “Our” are used to refer to only sgallery offers all information, tools and services which are used or concerns sgallery carrying out of business, and are publicly available at the website. The user shall be deemed to have accepted all the terms, conditions, policies and notices officially stated, as they continue to use the website and its services. 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, service 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.
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.
AVAILABILITY AND PRICING
Availability and pricing of all items are subject to availability. sgallery will inform you as soon as possible, if the product(s) and services you have ordered are not available. If not, then the Customer Care will offer similar alternatives. As part of visiting and/or purchasing anything from sgallery 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, the 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 sgallery, 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.
PRODUCTS
Products are available exclusively online through sgallery. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Replacement Policy.
sgallery has made every reasonable effort to be as accurate as possible in displaying the product in its original color and accurate model. 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, sgallery cannot guarantee that the physical product will look exactly like the display image. If a product from sgallery 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.
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.
DISCOUNTS & ALLOWANCES
Discounts and allowances (Coupon code, Promo code, Gift card code, Adjustment code, App discount, 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 for a successful order from sgallery. Users having multiple accounts under the same Cell Phone number, or email address cannot avail 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. sgallery holds the right to change/revise/modify any Discount offers OR Promotional Allowances without 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
LICENSE TO ACCESS THE 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 13 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. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Content provided on this Site is solely for informational purposes. In some cases, Product representations including price, available stock, features, add-ons and any other details as expressed on this Site are the responsibility of the vendors displaying them and is not guaranteed as completely accurate by us. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions.
We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action
Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
Use the Site for illegal purposes.
Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
Interfere with another’s utilization and enjoyment of the Site;
Post, promote or transmit through the Site any prohibited materials as deemed illegal by The People’s Republic of Bangladesh.
Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
PERSONAL INFORMATION
Your submission of personal information through the website is governed by our Privacy Policy. Visit our website to learn more about our Privacy Policy.
OUR SOFTWARE
Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the “Software”).
You may use the software solely for purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Site. 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. Additional third party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these Terms and Conditions. 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.
When you use the Site, 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 separate policies, terms of use, and fees of these third parties.
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.
In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
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.
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.
ORDER CANCELLATION
sgallery promises to deliver quality and authentic products to their customers. Therefore, sgallery always runs Quality Control checks after receiving the ordered product from the authorized vendors. sgallery 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.
sgallery 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.
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.
PRICING, AVAILABILITY AND ORDER PROCESSING
All prices are listed in Bangladeshi Taka (BDT) and are inclusive of all Taxes 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. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail or sms if any products you order turn out to be unavailable.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verification or information, including but not limited to phone number and address, before we accept the order.
In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. 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 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.
SECURITY AND FRAUD
When you use a voucher, you warrant to sgallery that you are the duly authorized recipient of the voucher and that you are using it in good faith.
If you redeem, attempt to redeem or encourage the redemption of voucher to obtain discounts to which you are not entitled you may be committing a civil or criminal offence
If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/order and you agree that you will have no claim against us in respect of any rejection or cancellation. sgallery reserves the right to take any further action it deems appropriate in such instances
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 sgallery, 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.
However, any use of the product that results in any injury, loss, or damage whether direct or indirect, will not make sgallery 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.
INDEMNIFICATION
As a user of the website and the services therein, you agree to indemnify, defend and hold sgallery 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.
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.
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).
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 e-commerce in Bangladesh. Any and all actionable legal claim or proceedings arising out of, or in connection to this website, must be brought within the jurisdiction of a competent Court in Bangladesh.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at 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.
CONTACT INFORMATION
For more information regarding the Terms of Service or if you have any queries or concerns you can Contact Us or for any questions about the Terms of Service should be sent to us at info@aleshamart.com
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