1. INTRODUCTION
Welcome to elvanguarda.com. also hereby known as
“we", "us" or " elvanguarda". We are an online
marketplace and these are the terms and conditions governing your access and
use of elvanguarda along with its related sub-domains, sites, services and
tools (the "Site"). By using the Site, you hereby accept these terms
and conditions (including the linked information herein) and represent that you
agree to comply with these terms and conditions (the "User
Agreement"). This User Agreement is deemed effective upon your use of the
Site which signifies your acceptance of these terms. If you do not agree to be
bound by this User Agreement please do not access, register with or use this
Site. This Site is owned and operated by El Vanguarda, a company
incorporated under the Companies Act, 1994, (Registration Number: ).
The Site reserves the right to change, modify, add, or
remove portions of these Terms and Conditions at any time without any prior notification.
Changes will be effective when posted on the Site with no other notice
provided. Please check these Terms and Conditions regularly for updates. Your
continued use of the Site following the posting of changes to Terms and
Conditions of use constitutes your acceptance of those changes.
2. CONDITIONS OF USE
YOU’RE ACCOUNT
To access certain services offered by the platform, we
may require that you create an account with us or provide personal information
to complete the creation of an account. We may at any time in our sole and
absolute discretion, invalidate the username and/or password without giving any
reason or prior notice and shall not be liable or responsible for any losses
suffered by, caused by, arising out of, in connection with or by reason of such
request or invalidation.
You are responsible for maintaining the confidentiality
of your user identification, password, account details and related private
information. You agree to accept this responsibility and ensure your account
and its related details are maintained securely at all times and all necessary
steps are taken to prevent misuse of 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 unauthorized manner. You agree and acknowledge that any use of the Site and
related services offered and/or any access to private information, data or
communications using your account and password shall be deemed to be either
performed by you or authorized by you as the case may be. You agree to be bound
by any access of the Site and/or use of any services offered by the Site
(whether such access or use are authorized by you or not). You agree that we
shall be entitled (but not obliged) to act upon, rely on or hold you solely
responsible and liable in respect thereof as if the same were carried out or
transmitted by you. You further agree and acknowledge that you shall be bound
by and agree to fully indemnify us against any and all losses arising from the
use of or access to the Site through your account.
Please ensure that the details you provide us with are
correct and complete at all times. You are obligated to update details about
your account in real time by accessing your account online. For pieces of
information you are not able to update by accessing Your Account on the Site,
you must inform us via our customer service communication channels to assist
you with these changes. We reserve the right to refuse access to the Site,
terminate accounts, remove or edit content at any time without prior notice to
you. We may at any time in our sole and absolute discretion, request that you
update your Personal Data or forthwith invalidate the account or related details
without giving any reason or prior notice and shall not be liable or
responsible for any losses suffered by or caused by you or arising out of or in
connection with or by reason of such request or invalidation. You hereby agree
to change your password from time to time and to keep your account secure and
also shall be responsible for the confidentiality of your account and liable
for any disclosure or use (whether such use is authorized or not) of the
username and/or password.
PRIVACY
Please review our Privacy Agreement, which also governs
your visit to the Site. The personal information / data provided to us by you
or your use of the Site will be treated as strictly confidential, in accordance
with the Privacy Agreement and applicable laws and regulations. If you object
to your information being transferred or used in the manner specified in the
Privacy Agreement, please do not use the Site.
PLATFORM FOR
COMMUNICATION
You agree, understand and acknowledge that the Site is an
online platform that enables you to purchase products listed at the price
indicated therein at any time from any location using a payment method of your
choice. You further agree and acknowledge that we are only a facilitator and
cannot be a party to or control in any manner any transactions on the Site or
on a payment gateway as made available to you by an independent service
provider. Accordingly, the contract of sale of products on the Site shall be a
strictly bipartite contract between us on our Site while the payment processing
occurs between us, the service provider and in case of prepayments with
electronic cards your issuer bank. Accordingly, the contract of payment on the
Site shall be strictly a bipartite contract between us.
CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site
is consistently available and is uninterrupted and error-free. However, due to
the nature of the Internet and the nature of the Site, this cannot be
guaranteed. Additionally, your access to the Site may also be occasionally
suspended or restricted to allow for repairs, maintenance, or the introduction
of new facilities or services at any time without prior notice. We will attempt
to limit the frequency and duration of any such suspension or restriction.
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.
Content provided on this Site is solely for informational
purposes. 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.
YOU’RE
CONDUCT
You must not use the website in any way that causes, or
is likely to cause, the Site or access to it to be interrupted, damaged or
impaired in any way. You must not engage in activities that could harm or
potentially harm the Site, its employees, officers, representatives,
stakeholders or any other party directly or indirectly associated with the Site
or access to it to be interrupted, damaged or impaired in any way. You
understand that you, and not us, are responsible for all electronic
communications and content sent from your computer to us and you must use the
Site for lawful purposes only. You are strictly prohibited from using the Site.
For fraudulent purposes, or in connection with a criminal
offense or other unlawful activity
to send, use or reuse any material that does not belong
to you; or is illegal, offensive (including but not limited to material that is
sexually explicit content or which promotes racism, bigotry, hatred or physical
harm), deceptive, misleading, abusive, indecent, harassing, blasphemous,
defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically
objectionable, disparaging or in breach of copyright, trademark,
confidentiality, privacy or any other proprietary information or right; or is
otherwise injurious to third parties; or relates to or promotes money laundering
or gambling; or is harmful to minors in any way; or impersonates another
person; or threatens the unity, integrity, security or sovereignty of
Bangladesh or friendly relations with foreign States; or objectionable or
otherwise unlawful in any manner whatsoever; or which consists of or contains
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any "spam”
Use the Site for illegal purposes.
To cause annoyance, inconvenience or needless anxiety
For any other purposes that is other than what is
intended by us
YOU’RE SUBMISSION
Anything that you submit to the Site and/or provide to
us, including but not limited to, questions, reviews, comments, and suggestions
(collectively, "Submissions") will become our sole and exclusive
property and shall not be returned to you. In addition to the rights applicable
to any Submission, when you post comments or reviews to the Site, you also
grant us the right to use the name that you submit, in connection with such review,
comment, or other content. You shall not use a false e-mail address, pretend to
be someone other than you or otherwise mislead us as to the origin of any
Submissions. We may, but shall not be obligated to, remove or edit any
Submissions without any notice or legal course applicable to us in this regard.
CLAIMS AGAINST
OBJECTIONABLE CONTENT
We list so many products for sale offered on the Site and
host multiple comments on listings, it is not possible for us to be aware of
the contents of each product listed for sale, or each comment or review that is
displayed. Accordingly, we operate on a "claim, review and take down"
basis. If you believe that any content on the Site is illegal, offensive
(including but not limited to material that is sexually explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive,
misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous,
obscene, pornographic, pedophile or menacing; ethnically objectionable,
disparaging; or relates to or promotes money laundering or gambling; or is
harmful to minors in any way; or impersonates another person; or threatens the
unity, integrity, security or sovereignty of Bangladesh or friendly relations
with foreign States; or objectionable or otherwise unlawful in any manner
whatsoever; or which consists of or contains software viruses, ("
objectionable content "), please notify us immediately by writing to us on
info@elvanguarda.com.bd . We will make all practical endeavors to investigate
and remove valid objectionable content complained about within a reasonable
amount of time.
Please ensure to provide your name, address, contact
information and as many relevant details of the claim including name of
objectionable content party, instances of objection, proof of objection amongst
other. Please note that providing incomplete details will render your claim
invalid and unusable for legal purposes.
CLAIMS AGAINST INFRINGING CONTENT
We respect the intellectual property of others. If you
believe that your intellectual property rights have been used in a way that
gives rise to concerns of infringement, please write to us at info@elvanguarda.com.
And we will make all reasonable efforts to address your concern within a
reasonable amount of time. Please ensure to provide your name, address, contact
information and as many relevant details of the claim including name of
infringing party, instances of infringement, proof of infringement amongst
other. Please note that providing incomplete details will render your claim
invalid and unusable for legal purposes. In addition, providing false or
misleading information may be considered a legal offense and may be followed by
legal proceedings.
We also respect a manufacturer's right to enter into
exclusive distribution or resale agreements for its products. However,
violations of such agreements do not constitute intellectual property rights
infringement. As the enforcement of these agreements is a matter between the
manufacturer, distributor and/or respective reseller, it would not be
appropriate for us to assist in the enforcement of such activities. While we
cannot provide legal advice, nor share private information as protected by the
law, we recommend that any questions or concerns regarding your rights may be
routed to a legal specialist.
TRADEMARKS AND COPYRIGHTS
elvanguarda.com, elvanguarda logo, Fashion, Basics and
other marks indicated on our Site are trademarks or registered trademarks in
the relevant jurisdiction(s). Our graphics, logos, page headers, button icons,
scripts and service names are the trademarks or trade dress and may not be used
in connection with any product or service that does not belong to us or in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits us. All other trademarks that appear on this Site are
the property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by us.
All intellectual property rights, whether registered or
unregistered, in the Site, information content on the Site and all the website
design, including, but not limited to text, graphics, software, photos, video,
music, sound, and their selection and arrangement, and all software
compilations, underlying source code and software shall remain our property.
The entire contents of the Site also are protected by copyright as a collective
work under Bangladeshi copyright laws and international conventions. All rights
are reserved.
DISCLAIMER
You acknowledge and undertake that you are accessing the
services on the Site and transacting at your own risk and are using your best
and prudent judgment before entering into any transactions through the Site. We
shall both be neither liable nor responsible for any actions or inactions of
sellers nor any breach of conditions, representations or warranties by the
sellers or manufacturers of the products and hereby expressly disclaim and any
all responsibility and liability in that regard. We shall not mediate or
resolve any dispute or disagreement between you and the sellers or
manufacturers of the products.
We further expressly disclaim any warranties or
representations (express or implied) in respect of quality, suitability,
accuracy, reliability, completeness, timeliness, performance, safety,
merchantability, fitness for a particular purpose, or legality of the products
listed or displayed or transacted or the content (including product or pricing
information and/or specifications) on the Site. While we have taken precautions
to avoid inaccuracies in content, this Site, all content, information
(including the price of products), software, products, services and related
graphics are provided as is basis, without warranty of any kind. We do not
implicitly or explicitly support or endorse the sale or purchase of any
products on the Site. At no time shall any right, title or interest in the
products sold through or displayed on the Site vest with us nor shall elvanguarda
have any obligations or liabilities in respect of any transactions on the Site.
COMMUNICATING WITH US
When you visit the Site, or send e-mails to us, you are
communicating with us electronically. You will be required to provide a valid
phone number while placing an order with us. We may communicate with you by
e-mail, SMS, phone call or by posting notices on the Site or by any other mode
of communication we choose to employ. 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 placement of
your order) and agree to treat all modes of communication with the same
importance.
AMENDMENTS TO CONDITIONS OR ALTERATIONS OF
SERVICE AND RELATED PROMISE
We reserve the right to make changes to the Site, its
policies, these terms and conditions and any other publicly displayed condition
or service promise at any time. You will be subject to the policies and terms
and conditions in force at the time you used the Site unless any change to
those policies or these conditions is required to be made by law or government
authority (in which case it will apply to orders previously placed by you). If
any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the
validity and enforceability of any remaining condition.
EVENTS
BEYOND OUR CONTROL
We will be held responsible for any delay or failure to
comply with our obligations under these conditions if the delay or failure
arises from any cause which is beyond our reasonable control.
WAIVER
You acknowledge and recognize that we are a private
commercial enterprise and reserve the right to conduct business to achieve our
objectives in a manner we deem fit. You also acknowledge that if you breach the
conditions stated on our Site and we take no action, we are still entitled to
use our rights and remedies in any other situation where you breach these
conditions.
TERMINATION
In addition to any other legal or equitable remedies, we
may, without prior notice to you, immediately terminate the Terms and
Conditions or revoke any or all of your rights granted under the Terms and
Conditions. Upon any termination of this Agreement, you shall immediately cease
all access to and use of the Site and we shall, in addition to any other legal
or equitable remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of this Site in
whole or in part. Any termination of this agreement shall not affect the
respective rights and obligations (including without limitation, payment
obligations) of the parties arising before the date of termination. You
furthermore agree that the Site shall not be liable to you or to any other
person as a result of any such suspension or termination. If you are
dissatisfied with the Site or with any terms, conditions, rules, policies,
guidelines, or practices in operating the Site, your sole and exclusive remedy
is to discontinue using the Site.
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 on any dispute arising inside
Bangladesh under this Agreement.
CONTACT US
You may reach us here
CONDITIONS OF SALE
Please read these conditions carefully before placing an
order for any products with us on the Site. These conditions signify your
agreement to be bound by these conditions.
CONDITIONS
RELATED TO SALE OF THE PRODUCT OR SERVICE
This section deals with conditions relating to the sale
of products or services on the Site.
THE
CONTRACT
Your order is a legal offer from us to buy the product or
service displayed on our Site. When you place an order to buy a product, any
confirmations or status updates received prior to the dispatch of
your order serves purely to confirm the order details provided and in no way
implies 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. Upon time of placing
the order, we show an approximate timeline that the processing of your order
will take however we cannot guarantee this timeline to be rigorously
precise in every instance as we does not dependent on third
party service providers to keep this commitment. We commit to you to make
every reasonable effort to make sure that the indicative timeline is met.
All commercial/contractual terms are offered by and agreed to between
you and us. The commercial/contractual terms include without limitation price,
shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. We retain the right to cancel any order at
its sole discretion prior to dispatch. We will make sure that there
is timely intimation to you of such cancellation via an email or sms. Any
prepayments made in case of such cancellation(s), shall be refunded to you
within the time frames stipulated here.
RETURNS
Please review our Returns Policy here.
PRICING, AVAILABILITY AND ORDER PROCESSING
All prices are listed in Bangladeshi Taka (BDT)
and are inclusive of VAT and are listed on the Site. Items in your
Shopping Cart will always show 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 buy it.
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. Please note that we possess
100% right on the refund amount. Usually refund amount is
calculated based on the customer paid price after deducting any sort of
discount and shipping fee.
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 verifications 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.
Refund Voucher
•Refund voucher can be redeemed on our Website, as full
or part payment of products from our Website within the given timeline.
•Refund voucher cannot be used from different account.
•Vouchers are not replaceable if expired.
•Refund Voucher code can be applied only once. The
residual amount of the Refund Voucher after applying it once, if any, will not
be refunded and cannot be used for next purchases even if the value of order is
smaller than remaining voucher value.
Promotional Vouchers
•Each issued promotional voucher will be valid for use by
a customer only once. Multiple usages changing the identity are illegal.
•Both promotional voucher and cart rule discount may not
be added at the same time.
•Promotional voucher is non-refundable and cannot be
exchanged for cash in part or full and is valid for a single transaction only.
•Promotional voucher may not be valid during sale or in
conjunction with any special promotion.
•Voucher will work only if minimum purchase amount and
other conditions are met.
•We reserve the right to vary or terminate the operation
of any voucher at any time without notice.
•Vouchers are not replaceable if expired.
Reward Vouchers
•Customers who have already been listed in us for
fraudulent activities will not be eligible to avail any voucher and will not be
eligible to participate in any campaign.
•A customer shall not operate more than one account in a
single device.
Security and Fraud
•When you use a voucher, you warrant to us 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. We reserve the right to take any further action it deems
appropriate in such.
TAXES
You shall be responsible for payment of all
fees/costs/charges associated with the purchase of products from the Site and
you agree to bear any and all applicable taxes as per prevailing law.
