In these terms and conditions of sale, the following expressions have the following meanings:
1.2 “Delivery” means when We or Our contracted carrier leaves the Goods at the address You nominate for Delivery when You submit Your order.
1.3 “Delivery Charges” means Our charges for Delivering the Goods.
1.4 “Goods” means Goods ordered by You and/or supplied by Us under this Agreement, as the case requires.
1.4 “Price” means the price payable for the Goods as specified in this Website.
1.5 “Website” means this website (located at www.mitobay.com) has changed from time to time.
1.8 “You” means the person submitting an order and any other person or company on whose behalf the order is submitted and Your successors and permitted assigns.
2 APPLICATION OF THESE TERMS AND CONDITIONS OF SALE
2.3 We may vary this Agreement at any time without notice. It is Your responsibility to read and consider these terms and conditions whenever You wish to purchase Goods from Us. Changes to this Agreement do not apply to any order after You have submitted it to Us.
3 PURCHASE FOR END-USERS ONLY
3.1 This Website offers Goods for sale to end-users only. By purchasing Goods via this Website You warrant that the Goods are for Your use and that You are not purchasing the Goods for the purposes of re-sale or re-supply by any means.
3.2 Limits to the quantity of Goods that can be purchased via this Website apply and are set by Us from time to time. If Your order exceeds any such limit, You will be notified when You submit Your order and You will be asked to submit Your order for a lesser quantity of Goods.
3.3 If you wish to become a reseller of the Goods sold via this Website, please contact Us.
4 ORDERS – SUBMISSION; ACCEPTANCE; REJECTION; CANCELLATION
4.1 When You submit an order via this Website: (a) You make an offer to purchase the selected Goods for the Price, Delivery Charges and GST notified at the time You submit it; (b) You must provide Us with accurate, and complete information and provide any additional details We may require.
4.2 We are not bound to accept any order. If We: (a) accept Your order: (i) We will send You an email confirming acceptance and We will supply the Goods in accordance with this Agreement; and (ii) that results in a separate binding contract for the sale and purchase of the relevant Goods, on the terms and conditions of this Agreement; (b) reject Your order: (i) We will notify You at the time You submit the order or afterwards within a reasonable time; and (ii) any payments We have received from You will be refunded in full.
4.3 If Goods You have ordered are not in stock, We will make reasonable endeavours to obtain them within 30 days. We will notify You of this and provide You with an estimated Delivery date.
4.4 You may cancel an order (whether We have accepted it or otherwise) at any time before the Goods have been Delivered. You can effect cancellation by contacting Our Customer Service Department during office hours. After Delivery, You may return Goods if they are not damaged in accordance with clause 8 (Returns).
4.5 If You cancel Your order: (a) before the Goods are dispatched for Delivery, We will refund all monies paid by You in full; or (b) after Goods are dispatched for Delivery, We will refund all monies paid by You excepting Delivery Charges and GST on those Delivery Charges.
4.6 We may cancel an order after We have accepted it if: (a) the Goods You have ordered are not available; (b) the information You provide to Us is incorrect or incomplete; (c) We reasonably believe that Your order has been submitted in breach of this Agreement; (d) We are unable to process Your payment of any monies payable to Us under this Agreement and/or (e) if We reasonably believe that the credit card details You have submitted are fraudulent or that You are otherwise attempting to obtain the Goods by unlawful means.
4.7 If We cancel Your order at any time, We will: (a) notify You by email to the email address submitted by You with Your order; (b) not process Your payment or, if We have already processed payment at the time of cancellation, refund all monies paid by You.
5.1 We will Deliver the Goods to a Delivery address (within Bangladesh) that You specify when You submit Your order.
5.2 Any notice to You of a Delivery date for Your order is an estimate in good faith and We are not liable for delays or any failure in Delivery.
5.3 By Authority To Leave on our Signature on Delivery option you authorize the courier to leave the goods unattended at the delivery address and you accept that once the courier has done so, the complete order has been received. Selection of Authority to Leave is deemed by our couriers as a signature from the recipient.
6 PRICE, PAYMENT, GST AND DELIVERY CHARGES
6.1 Prices for Goods are displayed on the product list on this Website. Prices are subject to change from time to time without notice but We will not change the Price after You have submitted Your order. Prices may not match the prices for the same Goods in other websites We operate.
6.2 You agree to pay the Price for the Goods You order, the Delivery Charges, Other applicable taxes and any other fees of which We notify You when You submit Your order.
6.3 All monies must be paid to Us on submission of Your order.
7 RISK AND TITLE
7.1 Risk in and title to the Goods passes to You on Delivery.
8. RETURNING UNDAMAGED GOODS AFTER DELIVERY
8.1 After Delivery, We will accept Your return of un-damaged Goods purchased by You via this Website for a period of X days after Delivery, subject to You providing proof of purchase (ie showing Us the invoice or Your receipt).
9 DEFECTIVE GOODS – WARRANTY AGAINST DEFECTS
9.1 Warranty – 1 Year warranty offer.
10 LIMITATION OF OUR LIABILITY
10.1 Nothing in this Agreement purports to limit or exclude Our liability if that liability is imposed by law and if, under that law, We are not permitted to limit, exclude or modify the liability so imposed. All further provisions of this clause are subject to this clause 10.1.
10.2 Subject to clause 10.1, all implied terms and warranties are excluded. Only those terms and warranties that are expressly made in this Agreement or in this Website, apply. You agree that you do not rely on any representations not expressly made in this Agreement or otherwise in this Website.
10.3 Subject to clause 10.1 and the other provisions of this clause 10, Our liability to You for breach of contract, negligence or other tort, is limited at our option: (a) in the case of goods, to the replacement or repair of the goods or the payment to You of the cost of replacing or acquiring equivalent goods or of having the goods repaired; and (b) in the case of services, the resupply of the services or the payment to You of the cost of having them re-supplied.
10.4 Subject to clause 10.1, for the sake of clarity and in addition to clause.
10.3, We are not liable to You for loss of profit, lost opportunity or opportunity cost, loss of cost savings, economic loss, indirect and consequential loss.
11 TRANSFERRING THIS AGREEMENT
11.1 You must not transfer any order or, once an order is accepted by Us, this Agreement, to any third party.
12 APPLICABLE LAW
12.1 Your use of this Website, orders and this Agreement are governed by the laws in force in Bangladesh and the parties submit to the non-exclusive jurisdiction of the courts of that place.