Marketplace websites are those that enable users to come together to sell and purchase products. This terms and conditions document has been designed for such marketplaces, providing that the products in question are physical products.
The marketplace-specific provisions in the terms and conditions are organised around the concepts of “stores” and “listings”. Each seller may create one or more stores; and each seller may create one or more product listings.
Listings must comply with two sets of rules. First, they must comply with rules relating to the listing content itself. Second, they must comply with rules relating to the products being advertised for sale.
The template takes account of the possibility of the website offering different types of user account (for example, seller accounts and buyer accounts).
Marketplace website terms and conditions contents Basis:
- Introduction: document governs website use; consent to website document: implied; consent to website terms and conditions: express; website user minimum age.
- Copyright notice: Kena Becha BD Copyright notice; ownership of rights in website.
- Permission to use the website: licence to use the website; no downloading; website use: permitted purposes; no modification of website content; limitations on licence to use the website; redistributable content; suspension or restriction of access to the website.
- Misuse of the website: acceptable use: prohibitions; veracity of information supplied.
- Use on behalf of the organisation: use on behalf of another.
- Buyer registration and accounts: provisions apply to marketplace buyers; buyer Account eligibility (private individuals); buyer account registration process.
- Seller registration and accounts: provisions apply to marketplace sellers; account eligibility (businesses); account eligibility (private individuals); seller account registration process; seller account information updating.
- User login details: provision of login details; user ID rules and impersonation; password to be kept confidential; notify on disclosure of password; responsibility for password loss.
- Cancellation and suspension of account: rights of operator over the account with paid services; cancellation of website account with paid services by the user.
- Seller stores: registered sellers can create stores; how to create a seller store; publication of seller store; website operator rights concerning seller store; period of publication of seller store.
- Seller listings: registered sellers can create listings; how to create a listing; publication of listings; website operator rights concerning listings; period of publication of listings; veracity of listings; subject matter of listings; listing categories; keeping listings up to date; listing price currency.
- Product rules: permitted products; no services or intangible products; prohibited products.
- The buying and selling process: contracts between buyers and sellers.
- Terms and conditions of sale: seller must create legal notices; seller legal compliance; contract terms between buyers and sellers; distance selling rules incorporated into contract; compliance with terms and conditions of sale.
- Distance contracts: cancellation right: marketplace distance sales: cancellation right for consumers; marketplace distance sales: cancellation right for products; marketplace distance sales: the exercise of the cancellation right; marketplace distance sales: the return of products upon cancellation; marketplace distance sales: refund upon distance contract for products cancellation; marketplace distance sales: the diminished value of the product on cancellation; marketplace distance sales: refund method; marketplace distance sales: refund timing for products; marketplace distance sales: products excluded from the right of cancellation.
- Marketplace fees: marketplace seller payment amounts; marketplace seller fees; marketplace seller commission; amounts inclusive or exclusive of VAT; VAT deductions in the marketplace; obligation to provide evidence for tax compliance; variation of fees; variation of commission rates.
- Payments: payment of fees; disputed payments; unjustified charge-backs; unpaid fees: withdrawal of services; right of set-off.
- Our role: acknowledgement of website operator role; provision subject to limitations of liability.
- Our rights to use your content: definition of user content; licence of user content; sub-licensing of user content; right to bring proceedings in respect of user content; waiver of moral rights in user content; the user may edit own content; delete etc user content on breach.
- Rules about your content: user content warranty; no unlawful user content; user content rules; civility and user content; hyperlinking and user content; previous complaints and user content.
- Report abuse: request to report abuse; how to report abuse.
- Limited warranties: no warranties for information; right to discontinue website publication; no implied warranties or representations relating to the website.
- Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for free information or services; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
- Indemnity: indemnity from marketplace website users.
- Breaches of these terms and conditions : consequences of the breach; non-circumvention of measures upon breach.
- Third-party websites: third party websites: hyperlinks not recommendations; third party websites: no control or liability.
- Trademarks: trademark ownership; third party trademarks on the website.
- Variation: document may be revised; variation of website document: unregistered users; variation of website document: registered users.
- Assignment: assignment by first party (with consumer rights); assignment by the second party.
- Severability: severability of whole; severability of parts.
- Third-party rights: third party rights: benefit; third party rights: the exercise of rights.
- Entire agreement: entire agreement – use of the website.
- Law and jurisdiction: governing law; jurisdiction.
- Statutory and regulatory disclosures: eCommerce regulations order process information; a copy of document not filed; the language of document; ecommerce regulations: trade register; ecommerce regulations: authorisation scheme; eCommerce regulations: professionals; ecommerce regulations: code of conduct; value-added tax number; link to ODR website; name and URL of ADR provider.
- Our details: website operator name; company registration details; place of business; contact information.
Introduction: By using the Kena Becha BD website, you agree to comply with the terms and conditions stated in the User Agreement. Changes to the terms may occur without prior notice, so it’s advisable to check for updates regularly.
Conditions of Use:
A. Platform for Communication:
Kena Becha BD acts as an online platform facilitating transactions between buyers and sellers. The contract of sale is between the buyer and the seller, while payment processing involves the buyer, payment service provider, and, in the case of prepayments with electronic cards, the issuer bank.
B. Continued Availability of the Site:
Kena Becha BD strives to provide consistent and uninterrupted access to the Site but cannot guarantee it due to the nature of the Internet. Temporary suspensions or restrictions may occur for maintenance or introducing new features.
C. Privacy:
The personal information you provide or that is collected during your use of the Site is treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws.
E. Your Account:
Creating an account requires providing accurate personal information. You are responsible for maintaining the security and confidentiality of your account details. Inform Kena Becha BD immediately if you suspect any unauthorized use. You are liable for actions performed using your account and must indemnify Kena Becha BD against any losses.
E. License to Access the Site:
- Users must confirm they can form legally binding contracts and are at least 18 years old or accessing the site under the supervision of a parent or legal guardian.
- A non-transferable, revocable, and non-exclusive license is granted to use the site for personal shopping purposes.
- Commercial use is prohibited unless explicitly permitted by Kena Becha BD.
- Users are not allowed to register more than once.
- Unauthorized use of the site terminates the license granted without prior notice.
- Product information and representations are the responsibility of the vendors.
F. Your Conduct:
- Users must not cause interruption, damage, or impairment to the site.
- Engaging in activities that harm the site, its employees, or any other associated party is prohibited.
- The site must be used for lawful purposes only.
- Prohibited activities include fraudulent purposes, criminal offenses, sending or using material that does not belong to the user, offensive or harmful content, impersonation, threats, or any other unlawful activity.
G. Your Submission:
- Submissions to the site, including questions, reviews, comments, and suggestions, become the property of Kena Becha BD.
- By posting comments or reviews, users grant Kena Becha BD the right to use their name in connection with the content.
- Misleading or false submissions are prohibited, and Kena Becha BD may remove or edit submissions without notice.
H. Claims Against Objectionable Content:
Kena Becha BD operates on a “claim, review, and takedown” basis for objectionable content. Users can notify Kena Becha BD about illegal, offensive, misleading, or objectionable content. Detailed information, including proof and contact details, should be provided.
I. Claims Against Infringing Content:
Kena Becha BD respects intellectual property rights and addresses concerns of infringement. Users can notify Kena Becha BD about any potential intellectual property infringement. Detailed information, including proof and contact details, should be provided.
J. Trademarks and Copyrights:
Kena Becha BD trademarks and logos are protected, and their use without authorization is prohibited. The content on the site, including text, graphics, software, and more, is protected by copyright.
K. Disclaimer:
Users access the site and make transactions at their own risk. Kena Becha BD disclaims responsibility for sellers’ actions, breaches, or product quality. No warranties are provided for the products listed on the site. Kena Becha BD does not endorse or support the sale or purchase of products on the site. L.
L. Indemnity:
Users agree to indemnify and hold Kena Becha BD harmless for any claims or penalties arising from their breach or violation of rights.
M. Third-Party Businesses:
Other parties may operate stores, provide services, or sell products on the site. Kena Becha BD is not responsible for their actions, products, or content. Customer information may be shared with third parties involved in transactions.
N. Communicating with Us:
Communication with Kena Becha BD may occur via email, SMS, phone calls, or other modes chosen by Kena Becha BD.
O. Losses:
Kena Becha BD will not be responsible for any indirect or consequential losses that are not reasonably foreseeable.
P. Amendments to Conditions or Alterations of Service:
Kena Becha BD reserves the right to make changes to the site, policies, and terms and conditions at any time.
Q. Events Beyond Our Control:
Kena Becha BD will not be held responsible for any delay or failure to comply with obligations due to causes beyond its control.
R. Waiver:
If users breach the conditions, Kena Becha BD reserves the right to take action and enforce its rights and remedies.
S. Termination:
Kena Becha BD can terminate the terms and conditions and revoke user rights without prior notice. Termination does not affect rights and obligations prior to the termination.”
T. GOVERNING LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with the laws of The People’s Republic of Bangladesh. You agree that the courts, tribunals, and/or quasi-judicial bodies located in Dhaka, Bangladesh shall have the exclusive jurisdiction over any dispute arising within Bangladesh under this Agreement.
U. CONTACT US
You may reach us here:
V. 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 the purpose of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms 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 sublicense 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 with service and 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 and 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 the property of our affiliates or its software suppliers and is 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 imposed by 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 the 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.
- CONDITIONS OF SALE (BETWEEN SELLERS AND CUSTOMERS)
Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us,” wherever applicable) on the Site. These conditions signify your agreement to be bound by these conditions.
A. CONDITIONS RELATED TO THE SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale of products or services on the Site.
B. THE CONTRACT
Your order is a legal offer to the seller to buy the product or service displayed on our Site. When you place an order to purchase a product, any confirmations or status updates received prior to the dispatch of your order serve purely to validate the order details provided and in no way imply the confirmation of the order itself. The acceptance of your order is considered confirmed when the product is dispatched to you. If your order is dispatched in more than one package, you may receive separate dispatch confirmations. At the time of placing the order, we indicate an approximate timeline for the processing of your order; however, we cannot guarantee that this timeline will be rigorously precise in every instance as we depend on third-party.
D. RETURNS
Please review our Returns Policy here.
E. PRICING, AVAILABILITY, AND ORDER PROCESSING
Pricing and Availability:
- All prices are listed in Bangladeshi Taka (BDT) and include VAT.
- Prices displayed on the Site by the seller are accurate at the time of listing.
- The price shown in your Shopping Cart may differ from the initial price due to potential changes.
- We strive to provide accurate pricing information but errors may occur. We reserve the right to refuse or cancel any order if a product is mispriced. In such cases, we may contact you for instructions or cancel your order and notify you accordingly.
- Availability of products is listed on each product information page. Dispatch estimates are not guaranteed and should not be relied upon as such. If a product is unavailable, you will be informed via email or SMS.
Order Processing:
- The seller reserves the right to refuse or cancel any order for any reason at any time.
- Additional verifications or information may be required, such as phone number and address, before accepting an order.
- We may verify your payment details and personal information to prevent fraud. Failure to provide a response may result in order cancellation.
- We reserve the right to cancel an order suspected of fraudulent use without prior notice or liability.
Refund Voucher:
- Refund vouchers can be redeemed on our website within the given timeline.
- Vouchers cannot be used from different accounts.
- Vouchers are not replaceable if expired.
- Each voucher code can be applied only once, and any remaining amount will not be refunded or used for future purchases.
Promotional Vouchers:
- Promotional vouchers (App voucher and New customer voucher) are valid for a single use by a customer only.
- Promotional vouchers and cart rule discounts cannot be used simultaneously.
- Promotional vouchers are non-refundable, cannot be exchanged for cash, and may have restrictions during sales or special promotions.
- Vouchers will work only if minimum purchase amount and other conditions are met.
- Kena Becha BD reserves the right to vary or terminate voucher operations without notice.
Reward Vouchers:
- Customers engaged in fraudulent activities are not eligible for vouchers or campaign participation.
- Customers should not operate multiple accounts on a single device.
Promotional Items:
- Customers can purchase one 11tk deal and mystery box during the promotional period.
Security and Fraud:
- Vouchers should be used in good faith by authorized recipients.
- Unlawful or illegal use of vouchers may result in rejection or cancellation of orders.
- We may take appropriate action in cases of suspected unlawful use.
F. RESELLING KENA BECHA BD PRODUCTS
Reselling Kena Becha BD products for business purposes is strictly prohibited. Unauthorized reselling may result in legal action.
G. TAXES
You are responsible for payment of all fees, costs, and applicable taxes associated with your purchase as per prevailing law.
H. REPRESENTATIONS AND WARRANTIES
- We do not make specific representations or warranties about the products or services listed on the Site when sold by third parties.
- We do not endorse or support the sale or purchase of any products or services on the Site.
- We are not liable for any errors, omissions, non-performance, or breaches of contracts between you and sellers.
- We are not obligated to mediate or resolve disputes arising from transactions on the Site.
- We do not gain title or rights over products or services offered by sellers. We are not responsible for unsatisfactory performance, stock unavailability, or delays.
- Pricing or information on the Site may be incorrect due to technical issues or errors. In such cases, the seller or the Site may cancel your order without prior notice or liability.