Terms and Condition - Deshal

Terms and Conditions

1. Declaration

1.1 Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions (“Terms”).

1.2 By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.

1.3 In these Terms, references to “you”, “User” shall mean all kind of user including the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean M/S Deshal, its franchisor, affiliates and partners.

2. Introduction

2.1 The domain name www.Deshal.net (hereinafter referred to as “Website”) is owned by M/S Deshal a company incorporated under the Partnership Act, 1932(Act No IX of 1932).

2.2 By accessing the Site, you confirm your understanding of the Terms of Use. If you do not agree to these Terms of Use, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms of Use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms of Use regularly for updates. Your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes.

3. User Account, Password, and Security
You will receive a password and account designation upon completing the Website’s registration process. You shall be responsible for maintaining the confidentiality of your account & its password as well as all the transactions/requests done/received under your password or account. You agree to (a) immediately notify Deshal.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Deshal.net shall not be liable for any loss or damage arising from your failure to comply with the Terms & Conditions.

4. Services Offered
Deshal.net provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). One such service enables users to purchase clothing items from www.deshal.net(Collectively, “Products”). The Products can be purchased through the Website through various methods of payments offered. Upon placing an order, Deshal.net shall ship the product to you and you shall be responsible for its payment.

5. Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Deshal.net. The user further consents that the terms and contents of such Privacy Policy are acceptable to him

6. Limited User
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. No reproduction and copying of the content of the Website is permitted. For the removal of doubt, it is clarified that copying of the whole/partial content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

7. Charges
Membership on the website is free for users. Deshal.net does not charge any fee for browsing and buying on the website. Deshal.net reserves the right to change its fee policy from time to time. Changes to the fee policy will be posted on the website and such changes will automatically become effective immediately after they are posted on the website.

8. User Conduct and Rules
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

8.1  Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

8.2  Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

8.3  Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;

8.4  Conduct or forward surveys, contests, pyramid schemes or chain letters;

8.5  Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

8.6  Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

8.7  Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

8.8  Violate any applicable laws or regulations for the time being in force in or outside Bangladesh; and

8.9  Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

9. User Warranty and Representation

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by deshal.net.

10. Product Description

Deshal.net attempts to be as accurate as possible. However, Deshal.net warrant that product descriptions or other content of the site is accurate, complete, reliable, current and error-free. If a product offered by Deshal.net itself is not as described, your sole remedy is to return it in unused condition.

11. Links to Third Party Site

The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Deshal.net or the Website and Deshal.net is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

12. Abusing deshal.net

As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. Please report problems, offensive content and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team and we will investigate.

13. Order Acceptance and Pricing

13.1 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. 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 website. 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 debit/credit card charged.

13.2 All prices posted on this website are subject to change without notice. Prices prevailing at commencement of placing the order will apply. Posted prices do includes all taxes and charges. In case there are any additional charges or taxes the same will be mentioned on the website.

14. Trademarks and Copyrights

14.1  Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Deshal.net owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Deshal.net without obtaining authorization from deshal.net.

14.2  Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

15. Return & Replacement Policy:

15.1 If for any reason you are unsatisfied with your order, you may return it as long as your item meets the following criteria:
15.1.1  It is within 05 Days from the delivery date.
15.1.2  All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact and should not be broken or tampered with.
15.1.3  If the item came with a free promotional item, the free item must also be returned.
15.1.4  Refund/ replacement for products are subject to inspection and checking by Deshal team.
15.1.5  Damages due to neglect, improper usage will not be covered under our Returns Policy.
15.1.6  Replacement is subject to availability of stock with the Supplier. If the product is out of stock, you will receive a full refund, no questions asked.
15.1.7  Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

15.2 Reasons for returns & replacement
15.2.1  Product is damaged, defective or not as described.
15.2.2  Size Mismatch for clothing.
15.2.3  Wrong product sent.
15.2.4  Unhappy with the product quality.

15.3 In Case of Lost Items
Lost items will be replaced if the same product is available, if not a full refund will be arranged.

15.4 How to return
15.4.1 Contact Deshal Customer Care team by calling +8801787663558, +8801931111442 or by emailing [email protected] within 05 days after receiving your order.
15.4.2 There are two ways to return/replace the product with us. You may come by yourself to any of our nearby outlets or you have to send the product on your own to our office address.
15.4.3 Once we pick up or receive your return, we will do a quality check of the product at our end and if a return is invalid, we will replace the product with a new one or we will proceed with the refund.

16. Refund Policy

16.1  The refund will be processed after we have completed evaluating your return.

16.2  Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.

16.3  If you have selected Cash on Delivery (COD), there is no amount to refund because you haven’t paid for your order.

16.4  For payments made using a Credit Card, Debit Card, Mobile Banking or Bank Transfer, you will receive a refund less the service charges (As on today it is 5% of the order value).

16.5  If online payment is made once more due to technical error, payment refund will be made.

16.6  You will receive a refund anytime between 7-10 working days. If you don’t receive refund within this time, please write to us at [email protected] and we shall investigate.

17. Order Cancellation

17.1 You can cancel an order before the product has been shipped, by contacting our customer care team at +8801787663558 or +8801931111442.

17.2 If you have selected Cash on Delivery (COD), there is no amount to refund because you haven’t paid for your order.

17.3 For payments made using a Credit Card, Debit Card, Mobile Banking or Bank Transfer, you will receive a refund in your respective account after your order has been cancelled. Your entire order amount will be refunded, less the service charges (As on today it is 5% of the order value).

18. Governing Law

These terms shall be governed by and constructed in accordance with the laws of Bangladesh without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Bangladesh.

19. Sever-ability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

20. Legal Disputes

20.1 If a dispute arises between you and Deshal.net, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ‘Deshal.net’ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.
20.1.1  APPLICABLE LAW AND JURISDICTION:These Terms and Conditions shall be interpreted and governed by the laws in force in Bangladesh. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Bangladesh.
20.1.2  ARBITRATION: Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Bangladesh. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Bangladesh and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

21. Unauthorized Charges on your card

If you see charges on your credit/debit card for purchases made on Deshal.net, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable Deshal.net to begin an investigation.

22. Cancellation of Fraudulent/Loss to business Orders

22.1 To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Deshal.net reserves the right to cancel all past, pending and future orders without any liability. Deshal.net also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.

22.2 The customer may be considered fraudulent if any of the following scenarios are met:
22.2.1  Customer doesn’t reply to the payment verification mail sent by Deshal.net
22.2.2  Customer fails to produce adequate documents during the payment details verification
22.2.3  Misuse of another customer’s phone/email
22.2.4  Customer uses invalid email and phone no.
22.2.5  Use of a special voucher not tagged to the email ID/phone number used.
22.2.6  Customer returns the wrong product
22.2.7  Customer refuses to pay for an order
22.2.8  Customer is involved in the snatch and run for any order

22.3 The customer may be considered loss to business if any of the following scenarios are met:
22.3.1  Customer with a very high return rate
22.3.2 Invalid/Incomplete address cases
22.3.3 Repeated request for monetary compensation for petty issues

22.4 Account of the customers falling in fraudulent or loss to business category may be blocked.

23. Process for Pilferage Claim

If a customer raises a complaint for partial item/partial order through Customer Care

23.1  The customer is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.

23.2  An Email will be sent seeking/providing following information:
23.2.1  Short description of the case (A few questions will be asked to help us understand the scenario)
23.2.2  The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the customer)
23.2.3  The refund for prepaid orders will be done after investigation which usually requires 3-4 business day. The process will include investigation with the concerned departments

23.3  The customer may not be liable for a refund if he/she falls in any of the scenarios stated below:
23.3.1  Customer fails to provide adequate information about the case
23.3.2  Customer fails to provide snapshots of the packet and box(if any)
23.3.3  If an opened delivery was received, pilferage claims must be made the same day
23.3.4  Customer must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.

24. Indemnifications

You agree to indemnify, defend and hold harmless Deshal.net from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Deshal.net that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

25. Payment & Shipping

25.1 Deshal.net offers Cash on Delivery (COD), Debit/Credit Card (VISA, Master Card, DBBL Nexus etc.), Mobile Banking (bKash) as payment method.

25.2 We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Sometimes, delivery may take longer due to bad weather, political disruptions, god’s act and other unforeseen circumstances. Title and risk of loss and damages pass on to you upon the products delivery to you.

26. Risk of Loss

All items purchased from Deshal.net are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Deshal.net until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the customer.

27. Fraud Protection Policy

27.1 Deshal.net realizes the importance of a strong fraud detection and resolution capability. We and our online payments partners monitor transactions continuously for suspicious activity and flag potentially fraudulent transactions for manual verification by our team.

27.2 In the rarest of rare cases, when our team is unable to rule out the possibility of fraud categorically, the transaction is kept on hold, and the customer is requested to provide identity documents. The ID documents help us ensure that the purchases were indeed made by a genuine card holder. We apologize for any inconvenience that may be caused to customers and request them to bear with us in the larger interest of ensuring a safe and secure environment for online transactions.

28. General Terms for Offers and Promotions

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

29. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

30. Termination

30.1 Deshal.net may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.

30.2 These Terms will survive indefinitely unless and until Deshal.net chooses to terminate them.

30.3 If you or Deshal.net terminates your use of the Website or any Service, Deshal.net may delete any content or other materials relating to your use of the Service and Deshal.net will have no liability to you or any third party for doing so.

30.4 You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.

31. Policy updates

We reserve the right to change or update this policy at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site.