Terms
& Condition
Welcome to the iBeeLk ecommerce website and mobile app.
Please read through the terms and conditions carefully. The subsequent phrases
of Use govern your use and get entry to of the Platform (described underneath) and
the usage of the offerings. by accessing the Platform and/or the usage of the
services, you compromise to be certain via these terms of Use. if you do not
agree to those phrases of Use, do now not get entry to and/or use this Platform
or the services.
The phrases of Use affords you with statistics on the do’s
and don’ts at the get entry to and use of the iBeeLk Platform. if you are
buying products on iBeeLk, the reference to the terms & conditions of Sale
will depend on which channel you purchase the Product from.
1. For
merchandise bought at the iBeeLk.com Channel, the terms & conditions of
Sale for iBeeLk .com shall apply.
get right of entry to to and use of password protected
and/or comfortable regions of the Platform and/or use of the services are constrained
to clients with money owed handiest. you could no longer gain or attempt to
attain unauthorised get admission to to such parts of this Platform and/or
services, or to some other included data, via any manner not intentionally made
available with the aid of us in your precise use. A breach of this provision
may be an offence underneath the pc Misuse Act (No. 24) of Sri Lanka.
if you are under 18 years antique: You should obtain consent
out of your figure(s) or criminal dad or mum(s), their recognition of those
phrases of Use and their agreement to take No duty for: (i) your moves; (ii)
any costs related to your use of any of the services or purchase of products;
and (iii) your attractiveness and compliance with these phrases of Use. if you
do now not have consent from your parent(s) or legal guardian(s), you should
prevent the usage of/accessing this Platform and the use of the offerings.
1. Definitions & Interpretation
except in any other case described, the definitions and
provisions in respect of interpretation set out in schedule 1 will follow to
these terms of Use.
2. standard use of services and/or access of Platform
2.1 recommendations to using Platform and/or offerings: you
agree to conform with any and all the hints, notices, running guidelines and
policies, and commands pertaining to using the offerings and/or get admission
to to the Platform, in addition to any amendments to the aforementioned, issued
by means of us, sometimes. We reserve the proper to revise these pointers,
notices, running policies and policies, and commands at any time and you are
deemed to be aware about and sure with the aid of any modifications to the
foregoing upon their booklet at the Platform.
2.2 restrained activities: you compromise and adopt no
longer to:
(a) impersonate any individual or entity or to falsely state
or otherwise misrepresent your affiliation with any individual or entity;
(b) use the Platform or offerings for unlawful purposes;
(c) try to gain unauthorized access to or in any other case
intrude or disrupt other computer structures or networks linked to the Platform
or services;
(d) put up, promote or transmit thru the Platform or
services any Prohibited materials;
(e) intrude with any other’s utilization and entertainment
of the Platform or offerings;
(f) use or add, in any way, any software or material that
incorporates, or which you have cause to suspect that carries, viruses, adverse
components, malicious code or harmful components which may impair or corrupt
the Platform’s information or harm or intervene with the operation of any other
patron’s pc or mobile tool or the Platform or services; and
(g) use the Platform or services other than in conformance
with the perfect use rules of any linked computer networks, any applicable
internet requirements and another relevant laws.
2.3 Availability of Platform and offerings: We may
additionally, sometimes and without giving any motive or previous word,
upgrade, alter, droop or stop the provision of or take away, whether in whole
or in part, the Platform or any offerings and shall now not be dependable if
any such improve, change, suspension or elimination prevents you from accessing
the Platform or any part of the services.
2.four right, however now not obligation, to screen content
material: We reserve the proper, but shall no longer be obliged to:
(a) monitor, screen or in any other case manage any
activity, content material or material on the Platform and/or via the services.
We may additionally in our sole and absolute discretion, look into any violation
of the phrases of Use contained herein and might take any movement it deems
suitable;
(b) save you or restrict access of any client to the
Platform and/or the services;
(c) report any activity it suspects to be in violation of
any relevant regulation, statute or regulation to the appropriate government,
and to co-function with such authorities; and/or
(d) to request any statistics and statistics from you in
connection with your use of the offerings and/or get entry to of the Platform
at any time and to exercising our proper underneath this paragraph in case you
refuse to divulge such information and/or statistics or if you provide or if
we've got affordable grounds to suspect that you have provided misguided,
misleading or fraudulent data and/or information.
2.5 privacy coverage: Your use of the services and/or access
to the Platform is also concern to the privateness policy as set out at
http://ibeelk.com/page/PrivacyPolicy
2.6 extra terms: further to these terms of Use, the use of
particular aspects of the substances and offerings, more complete or updated
versions of the materials presented by us or our unique sub-contractors, may be
issue to additional phrases and situations, as a way to practice in full force
and effect.
3. Use of services
3.1 restrictions: Use of the services is constrained to
authorised clients which are of legal age and who've the prison potential to
enter into and form contracts underneath any relevant regulation. customers
who've breached or are in breach of the phrases and situations contained herein
and clients who've been completely or temporarily suspended from use of any of
the offerings won't use the services despite the fact that they fulfill the
necessities.
three.2 fashionable terms of use: you compromise:
(a) to get admission to and/or use the services best for
lawful purposes and in a lawful manner always and similarly agree to conduct
any hobby relating to the offerings in proper faith; and
(b) to make sure that any statistics or facts you put up or
reason to seem at the Platform in connection with the offerings is correct and
agree to take sole obligation for such data and records.
3.three Product Description: at the same time as we
endeavour to provide an correct description of the goods, we do no longer
warrant that such description is accurate, modern, or free from errors.
three.four charges of merchandise: All listing prices are
problem to taxes, unless in any other case stated. We reserve the proper to
amend the list fees at any time with out giving any purpose or prior notice.
three.5 third birthday celebration providers: You well known
that parties other than iBeeLk (i.e. third celebration vendors) list and
promote products at the Platform. whether or not a selected Product is listed
for sale on the Platform by using iBeeLk or a third party seller can be stated
on the web site list that Product. For the avoidance of doubt, each settlement
entered into for the sale of a 3rd celebration seller’s products to a purchaser
shall be an settlement entered into directly and only among the 1/3 birthday
celebration supplier and the customer.
four. customers with iBeeLk accounts
4.1 Username/Password: certain services that may be made to
be had on the Platform may require advent of an account with us or with a
purpose to provide private facts. if you request to create an account with us,
a Username and Password may additionally either be:
(i) determined and issued to you via us; or
(ii) supplied via you and customary via us in our sole and
absolute discretion in connection with the use of the services and/or get right
of entry to to the relevant Platform. We might also at any time in our sole and
absolute discretion, request which you update your non-public information or
forthwith invalidate the Username and/or Password without giving any cause or
prior observe and shall no longer be liable or responsible for any Losses
suffered with the aid of or due to you or bobbing up out of or in connection
with or by means of motive of such request or invalidation. You hereby comply
with change your Password every so often and to hold the Username and Password
confidential and shall be accountable for the security of your account and
responsible for any disclosure or use (whether or not such use is authorised or
now not) of the Username and/or Password. you're to notify us right away if you
have knowledge that or have motive for suspecting that the confidentiality of
the Username and/or Password has been compromised or if there has been any
unauthorised use of the Username and/or Password or if your private records
calls for updating.
four.2 Purported use/access: you agree and well known that
any use of the services and/or any get admission to to the Platform and any
information, data or communications referable in your Username and Password
will be deemed to be, because the case can be:
(a) get right of entry to to the applicable Platform and/or
use of the offerings with the aid of you; or
(b) data, information, or communications published,
transmitted, and validly issued by using you.
you compromise to be bound by means of any get entry to of
the Platform and/or use of any services (whether such get right of entry to or
use are authorized by means of you or now not) and you agree that we will be
entitled (but now not obliged) to behave upon, rely on or maintain you totally
accountable and dependable in admire thereof as if the same have been performed
or transmitted by you. You similarly agree and acknowledge which you shall be
bound by and agree to fully indemnify us against any and all Losses on account
of any use of any services and/ or get entry to to the Platform referable for
your Username and Password.
five. highbrow assets
5.1 possession: The intellectual belongings in and to the
Platform and the materials are owned, licensed to or controlled via us, our
licensors, or our service providers. We reserve the right to enforce its
highbrow property to the fullest extent of the regulation.
5.2 limited Use: No part or parts of the Platform, or any
materials may be reproduced, reverse engineered, decompiled, disassembled,
separated, altered, disbursed, republished, displayed, broadcast, hyperlinked,
reflected, framed, transferred, or transmitted in any manner or through any
approach or saved in an records retrieval machine or installed on any servers,
machine or equipment without our prior written permission or that of the
applicable copyright proprietors. difficulty to Clause
five.3, permission will best be granted to you to download,
print, or use the substances for private and non-commercial uses, furnished
that you do no longer regulate the materials and that we or the relevant
copyright proprietors maintain all copyright and different proprietary notices
contained inside the substances.
five.four trademarks: The logos are registered and
unregistered emblems folks or 1/3 parties. nothing on the Platform and in these
phrases of Use will be construed as granting, by using implication, estoppel,
or otherwise, any license or proper to apply (which includes as a meta tag or
as a “warm” link to another internet site) any emblems displayed on the
offerings, without our written permission or another relevant trademark
proprietor.
6. Refunds/Returns/maintenance/Replacements
6.1 go back policy: All returns ought to be carried out
according with the commands set out inside the iBeeLk LK Returns coverage.
7. Questions and lawsuits
7.1 if you have any questions or lawsuits, (i) you could
both contact the seller immediately via the Platform or (ii) contact iBeeLk the
usage of the “contact Us” web page at the Platform, as relevant.
7.2 in the occasion that client is unable to remedy any
dispute with the vendor immediately via amicable negotiations, iBeeLk reserves
the proper to suggest and put into effect the right resolution at its sole
discretion.
8. Your Submissions and records
eight.1 Submissions via you: You supply us a
non-one-of-a-kind licence to use the substances or facts which you publish to
the Platform and/or provide to us, inclusive of however now not constrained to
questions, opinions, remarks, and suggestions (collectively, “Submissions”).
while you put up remarks or evaluations to the Platform, you also furnish us
the right to use the name which you publish or your Username in connection with
such evaluation, comment, or different content. You shall not use a fake e mail
cope with, pretend to be a person aside from yourself or in any other case
deceive us or 0.33 parties as to the origin of any Submissions. We can also,
but shall no longer be obligated to, submit, do away with, or edit your
Submissions.
eight.2 Consent to get hold of e-mails: You consent to and
authorise the use by way of us of any statistics furnished with the aid of you
(including non-public records) for the purposes of sending informational and
promotional e-mails to you. Your agreement to the provisions of this Clause
eight.2 shall constitute your consent for the reason of the provisions of any
unsolicited mail control legal guidelines (whether in Sri Lanka or someplace
else). you may subsequently choose out of receiving promotional e-mails by using
clicking on the right link in any promotional e mail.
8.3 privateness policy: You renowned that you have examine
and conform to the privacy policy at http://ibeelk.com/web page/PrivacyPolicy
and consent to our collection, use and disclosure of your non-public
information for the functions as set out inside the privacy coverage.
9. Termination
9.1 Termination by means of us: In our sole and absolute
discretion, we may additionally with instant effect upon giving you word,
terminate your use of the Platform and/or services and/or disable your Username
and Password. We may additionally bar access to the Platform and/or offerings
(or any element thereof) for any purpose whatsoever, including a breach of any
of these terms of Use or in which if we trust that you have violated or acted
unevenly with any phrases or conditions set out herein, or if in our opinion or
the opinion of any regulatory authority, it is not appropriate to hold
presenting the services regarding the Platform.
nine.2 Termination by way of you: you may terminate these
phrases of Use by means of giving seven days’ notice in writing to us.
10. Notices
10.1 Notices from us: All notices or different
communications given to you if:
(a) communicated through any print or electronic media as we
may also pick out could be deemed to be notified to you on the date of e-book
or broadcast; or
(b) sent by submit or left at your closing recognised deal
with could be deemed to be obtained with the aid of you at the day following
such posting or on the day while it turned into so left.
10.2 Notices from you: you can only deliver observe to us in
writing despatched to our specific address or email address, and we shall be
deemed to have acquired such be aware handiest upon receipt. even as we
endeavour to respond right away to notices from you, we can not guarantee that
we will constantly reply with constant velocity.
10.three other Modes: however Clauses 10.1 and 10.2, we may
additionally from time to time designate other ideal modes of providing notice
(including but no longer confined to email, SMS, or other kinds of digital
verbal exchange) and the time or event by using which such be aware will be
deemed given.
eleven. standard
eleven.1 Cumulative Rights and treatments: unless in any
other case furnished underneath those terms of Use, the provisions of these
phrases of Use and our rights and treatments under those terms of Use are
cumulative and are with out prejudice and similarly to any rights or treatments
we may additionally have in regulation or in fairness, and no exercise by means
of us of anybody right or remedy underneath those terms of Use, or at law or in
equity, shall (store to the extent, if any, provided expressly in these phrases
of Use or at regulation or in equity) operate as a way to avoid or save you our
exercising of some other such right or treatment as at law or in equity.
eleven.2 No Waiver: Our failure to put in force these terms
of Use shall now not constitute a waiver of these phrases, and such failure
shall no longer affect the right later to enforce these terms of Use. we might
still be entitled to apply our rights and treatments in another situation in
which you breach those phrases of Use.
eleven.three Severability: If at any time any provision of
those terms of Use will be or shall grow to be unlawful, invalid, or
unenforceable the least bit, the legality, validity, and enforceability of the
remaining provisions of this agreement shall now not be affected or impaired
thereby, and shall continue in pressure as if such illegal, invalid, or
unenforceable provision was severed from those phrases of Use.
11.4 Rights of 1/3 parties: someone or entity who isn't a
celebration to those phrases of Use shall have no proper under the Contracts
(Rights of 1/3 events) Act of Sri Lanka or any similar regulation in any
jurisdiction to put into effect any time period of those terms of Use, no
matter whether or not such man or woman or entity has been diagnosed via call,
as a member of a class or as answering a specific description. For the avoidance
of doubt, not anything in this Clause shall affect the rights of any accredited
assignee or transferee of these terms of Use.
eleven.5 Governing regulation: Use of the Platform and/or
the offerings and those terms of Use shall be ruled by using and construed in
accordance with Sri Lanka law and you hereby put up to the distinctive
jurisdiction of the Sri Lanka courts.
eleven.6 besides as furnished for in Clause 11.5, any
dispute, controversy or declare bobbing up out of or relating to this contract,
or the breach, termination or invalidity thereof shall be settled via
arbitration according with the rules for Arbitration of the Sri Lanka
countrywide Arbitration Centre (SLNAC). The arbitral tribunal shall encompass a
sole arbitrator, to be appointed by using the Chairman of the SLANC. The area
of arbitration will be Sri Lanka. Any award by means of the arbitration
tribunal will be very last and binding upon the events.
11.7 Injunctive comfort: We may additionally are looking for
immediate injunctive relief if we make an awesome faith dedication that a
breach or non-performance is such that a temporary restraining order or
different on the spot injunctive alleviation is the simplest suitable or ok
remedy.
eleven.eight Amendments: We may additionally with the aid of
be aware via the Platform or with the aid of such other approach of
notification as we may designate (which might also encompass notification via
way of electronic mail), vary the phrases and conditions of those phrases of
Use, such version to take effect at the date we specify thru the above method.
in case you use the Platform or the services after such date, you're deemed to
have common such variation. in case you do now not accept the version, you
ought to forestall get right of entry to or the use of the Platform and the
services and terminate those phrases of Use. Our right to vary these terms of
Use within the manner aforesaid might be exercised with can be exercised with
out the consent of any individual or entity who isn't a celebration to these
terms of Use.
11.nine Correction of mistakes: Any typographical, clerical,
or different blunders or omission in any popularity, invoice or different
report on our component will be challenge to correction without any liability
on our part.
eleven.10 foreign money: money references under these
phrases of Use shall be in Sri Lanka Rupees.
eleven.11 Language: in the event that those terms of Use is
accomplished or translated in any language aside from English (“overseas
Language model”), the English language model of those terms of Use shall govern
and shall take precedence over the overseas Language version.
eleven.12 entire settlement: those terms of Use shall
constitute the complete settlement among you and us relating to the concern
matter hereof and supersedes and replaces in complete all prior understandings,
communications and agreements with appreciate to the situation count number
hereof.
11.13 Binding and Conclusive: You well known and agree that
any records (consisting of records of any telephone conversations relating to
the offerings, if any) maintained by means of us or our service providers
regarding or in connection with the Platform and services shall be binding and
conclusive on you for all purposes by any means and shall be conclusive
evidence of any records and/or information transmitted between us and you. You
hereby agree that all such facts are admissible in evidence and that you shall
not project or dispute the admissibility, reliability, accuracy or the
authenticity of such information merely on the idea that such records are in
electronic form or are the output of a computer machine, and you hereby waive
any of your rights, if any, to so object.
eleven.14 Sub-contracting and Delegation: We reserve the
right to delegate or sub-settlement the performance of any of our features in
connection with the Platform and/or offerings and reserve the right to use any
carrier carriers, subcontractors and/or dealers on such terms as we deem
appropriate.
11.15 assignment: you could now not assign your rights
beneath those terms of Use without our prior written consent. We might also
assign our rights below those terms of Use to any 1/3 party.
eleven.16 pressure Majeure: we will not be liable for
non-overall performance, error, interruption or put off inside the performance
of its obligations below these terms of Use (or any component thereof) or for
any inaccuracy, unreliability or unsuitability of the Platform's and/or
services’ contents if that is due, in entire or in element, without delay or
not directly to an occasion or failure that's beyond our affordable manipulate.
Definitions and Interpretation
1. Definitions:
1.1 “consumer” means an accredited person of the Platform
and/or the services.
1.2 “highbrow property” manner all copyright, patents,
application innovations, logos and carrier marks, geographical warning signs,
domains, format layout rights, registered designs, design rights, database
rights, change or enterprise names, rights protecting trade secrets and
exclusive records, rights shielding goodwill and popularity, and all different
similar or corresponding proprietary rights and all programs for the identical,
whether or not currently current or created inside the future, everywhere in
the world, whether or not registered or now not, and all advantages,
privileges, rights to sue, get better damages and acquire comfort or other
treatments for any beyond, contemporary or future infringement,
misappropriation or violation of any of the foregoing rights.
1.three “iBeeLk Indemnitees” method iBeeLk and all of its
respective officers, employees, administrators, marketers, contractors and
assigns.
1.four “iBeeLk”, “we”, “our” and “us” check with iBeeLk Pte.
Ltd., a corporation incorporated pursuant to the legal guidelines of Sri Lanka
beneath registration variety PV00210442 and having its registered deal with at
241/four, Sama Mawatha, Kithulhena, Polgasovita, Mattegoda, Kottawa, Sri Lanka
1.five “list charge” means the rate of products listed on
the market to customers, as said on the Platform.
1.6 “Losses” means all consequences, losses, settlement
sums, expenses (along with prison fees and expenses on a solicitor-purchaser
foundation), prices, expenses, moves, lawsuits, claims, demands, and different
liabilities, whether or not foreseeable or no longer.
1.7 “materials” method, collectively, all web pages at the
Platform, which include the facts, pictures, links, sounds, snap shots, video,
software program, programs, and other materials displayed or made available on
the Platform and the functionalities or offerings provided on the Platform.
1.eight “Order” method your order for products despatched
thru the Platform in accordance with the applicable phrases & conditions of
Sale.
1.nine “Password” refers to the legitimate password that a
purchaser who has an account with iBeeLk may additionally use along side the
Username to get entry to the relevant Platform and/or offerings.
1.10 “private information” means statistics, whether proper
or now not, that may be used to identify, contact or locate you. non-public
records can encompass your name, email deal with, billing cope with, shipping
cope with, smartphone wide variety and credit card records. “personal data”
will be deemed to encompass any information which you have furnished to us
while setting an Order, regardless of whether you have an account with us.
1.11 “Platform” way (a) both the net and mobile versions of
the website operated and/or owned by iBeeLk that's presently located at the
subsequent URL: www.ibeelk.com: and (b) the mobile packages made to be had from
time to time with the aid of iBeeLk, consisting of the iOS and Android
versions.
1.12 “privateness coverage” manner the privacy coverage set
out at http://www.ibeelk.com/web page/PrivacyPolicy.
1.13 “Product” manner a product (together with any
instalment of the product or any components thereof) to be had on the market to
clients at the Platform.
1.14 “Prohibited fabric” way any information, photos,
photographs, information and/or some other fabric that:
(a) consists of any computer virus or other invasive or
adverse code, program or macro;
(a) infringes any third-celebration highbrow property or any
other proprietary rights;
(b) is defamatory, libellous, or threatening;
(c) is obscene, pornographic, indecent, counterfeited,
fraudulent, stolen, dangerous, or otherwise illegal underneath the relevant law
(inclusive of without quandary the provisions of the Sri Lanka Broadcasting
Authority (magnificence Licence) Notification 1996); and/or
(d) is or can be construed as offensive and/or in any other
case objectionable, in our sole opinion.
1.17 “offerings” manner offerings, records and features made
available by way of us at the Platform.
1.18 “Submission” is as defined in Clause 8.1 of these
phrases of Use.
1.19 “emblems” manner the trademarks, provider marks,
alternate names and logos used and displayed on the Platform.
1.20 “Username” refers to the particular login identification
call or code which identifies a customer who has an account with iBeeLk
1.21 “Voucher” approach a voucher for credit which may be
used by a purchaser, problem to different phrases and situations, toward the
charge of purchases at the Platform.
1.22 “you” and “your” consult with the individuals over the
age of 18 or otherwise under the supervision of a parent or prison dad or mum.
1.23 “business Day” way an afternoon (with the exception of
Saturdays and Sundays) on which banks usually are open for business in Sri
Lanka.
1.24 “patron settlement” shall be as described in Clause
2.6.
1.25 “Product assurance” approach a product (consisting of
any instalment of the product or any elements thereof) to be had for sale to
customers at the Platform.
1.26 “go back coverage” way the return policy set out at
iBeeLk Returns policy.
1.27 “0.33 birthday party supplier” way a supplier which,
with iBeeLk’s permission, makes use of the Platform and/or services to promote
products to customers, and excludes iBeeLk.
1.28 “supplier” approach a dealer of products as defined in
Clause 2.3, and includes a third birthday party seller.
2. Interpretation:
Any reference in those phrases of Use to any provision of a
statute shall be construed as a connection with that provision as amended,
re-enacted or extended on the applicable time. in the settlement, every time
the phrases “include”, “consists of” or “inclusive of” are used, they'll be
deemed to be observed by using the phrases “with out drawback”. until expressly
indicated in any other case, all references to some of days mean calendar days,
and the phrases “month” or “monthly” as well as all references to a number of
months way calendar months. Clause headings are inserted for comfort most
effective and shall not affect the interpretation of these terms of Use. within
the event of a war or inconsistency between any two or more provisions beneath
these terms of Use, whether or not such provisions are contained inside the
equal or different documents, such warfare or inconsistency shall be resolved
in favour of iBeeLk and the provision which is extra favourable to iBeeLk shall
be successful.
conditions of Sale
1. Definitions & Interpretation
unless in any other case described, the definitions and
provisions in respect of interpretation set out in time table 1 will practice
to these terms & conditions of Sale.
2. buy of merchandise
2.1 Your Compliance: you settle to comply with any and all
the recommendations, notices, running regulations and rules and instructions
concerning the acquisition of merchandise via the Platform, in addition to any
amendments to the aforementioned, issued by means of iBeeLk (whether or not as
part of use of the Platform or when it comes to the purchase of products, on
behalf of dealer), now and again. iBeeLk reserves the proper to revise these
guidelines, notices, working rules and guidelines and commands at any time and
you are deemed to be aware about and certain through any changes to the
foregoing upon their publication at the Platform.
2.2 Product Description: even as seller endeavours to
provide an correct description of the products, neither iBeeLk nor seller
warrants that such description is accurate, contemporary or loose from
mistakes. inside the event that the Product you get hold of is of a basically
exclusive nature from the Product as defined on the Platform and which you have
ordered, Clause 6 of these phrases & conditions of Sale for iBeeLk shall
apply.
2.3 sellers: merchandise are bought with the aid of
“sellers”. iBeeLk can be a “vendor” for decided on merchandise. “dealer” can
also check with a party other than iBeeLk (such birthday party referred to in
those terms & conditions of Sale for iBeeLk as a “1/3 celebration
supplier”). whether or not a specific Product is listed on the market on the
Platform through iBeeLk or a third birthday celebration supplier can be said at
the website list that Product. products sold to you via dealers could be ruled
via man or woman client Contracts (greater information below in Clause 2.6)
which:
2.three.1 for products sold through 1/3 celebration vendors,
shall be agreements entered into directly and handiest among the 0.33 birthday
party supplier and you; and
2.3.2 for products bought with the aid of iBeeLk, will be
agreements entered into directly and only between iBeeLk and you.
2.4 setting your Order: you can region an Order by using completing
the Order form on the Platform and clicking on the “place Order” Button. vendor
will now not receive Orders placed in any other manner. You shall be
accountable for making sure the accuracy of the Order.
2.five Orders are irrevocable and unconditional: All Orders
could be deemed to be irrevocable and unconditional upon transmission through
the Platform and vendor will be entitled (however no longer obliged) to system
such Order(s) with out your further consent and without any in addition
reference or be aware to you. despite the fact that, in certain situations as
said in Clause eight, you can request to cancel or amend the Order which dealer
will endeavour to offer impact to on a commercially affordable effort
foundation. however, notwithstanding the foregoing, supplier isn't obliged to
give effect to any request to cancel or amend any Order.
2.6 seller’s reservation of rights in appreciate of Orders:
All Orders shall be subject to seller’s attractiveness in its sole discretion
and every Order common through dealer (such accepted Order to be called a
“purchaser agreement”) shall constitute a separate agreement. You well known
that until you get hold of a be aware from vendor accepting your Order, dealer
shall now not be party to any legally binding agreements or promises made
between dealer and also you for the sale or other dealings with the Product(s)
and thus supplier shall not be accountable for any Losses which can be incurred
as a end result. For the avoidance of doubt, dealer reserves the right to say
no to procedure or accept any Order obtained from or thru the Platform in its
absolute discretion.
2.7 Product assurance: The warranties with admire to a
Product (“Product assurance”) offered underneath a purchaser settlement shall
be as said via seller through the Platform, underneath the “specs” tab in the
fields “warranty kind” and “assurance period” for the applicable Product, and
will be constrained by using the phrases and conditions therein. The warranties
and situations, remedies for breach of assurance or situation, or other phrases
stated in the Product warranty are, unless expressly prohibited with the aid of
applicable mandatory law, in lieu of all different phrases, warranties and
conditions, whether or not expressed or implied, statutory or in any other
case. besides as expressly furnished in such Product assurance, vendor excludes
(unless expressly prohibited by using applicable obligatory regulation) all
other explicit or implied phrases, warranties or situations with admire to the
products provided.
2.eight patron’s Acknowledgement: You well known and warrant
that you have not trusted any term, circumstance, guarantee, mission,
inducement or illustration made by way of or on behalf of supplier which has
not been said expressly in a customer contract or upon any descriptions or
illustrations or specs contained in any file inclusive of any catalogues or
publicity fabric produced by way of either iBeeLk or vendor. you furthermore
mght renowned and agree that the exclusion of warranties, exclusion of
liability and exclusion of treatments in these phrases & conditions of Sale
for iBeeLk and consumer Contracts allocate dangers among the events and permit
dealer to provide the products at lower charges or costs than vendor in any
other case should and you settle that such exclusions on liability are
affordable.
2.nine No representations or warranties: with out prejudice
to the generality of the foregoing Clause 2.9:
2.nine.1 no situation is made or to be implied neither is
any guarantee given or to be implied as to the lifestyles or put on of the
products furnished or that they will be appropriate for any particular motive
or use below any specific conditions, notwithstanding that such motive or
conditions can be recognised or made acknowledged to vendor;
2.nine.2 supplier binds itself most effective to deliver
products according with the general description below which they have been
offered, whether or no longer any unique or precise description shall were
given or will be implied by way of law. any such unique or specific description
will be taken simplest as the expression of vendor's opinion in that behalf.
Neither iBeeLk nor seller offers any assurance as to the excellent, state,
circumstance or fitness of the products;
2.9.three iBeeLk will be below no liability for the
following measures and movements taken by means of the consumer or 0.33 events
and the effects thereof: wrong treatment of defects, alteration of the goods
with out the previous settlement of iBeeLk, addition and insertion of elements,
specifically of spare parts which do now not come from iBeeLk;
2.9.4 supplier shall be under no liability in respect of any
illness bobbing up from incorrect or flawed use, defective installation or
commissioning by way of the patron or third events, fair put on and tear,
wilful harm, negligence, odd working conditions, defective or negligent coping
with, incorrect renovation, excessive load, incorrect running materials and
substitute materials, poor work, unsuitable foundation, chemical, electro-technical/digital
or electric powered affects, the client or third events’ failure to follow
iBeeLk 's instructions (whether or not oral or in writing) misuse or alteration
or repair of the goods with out iBeeLk 's approval;
2.9.5 vendor isn't chargeable for any Losses suffered by
using any third birthday party directly or in a roundabout way as a result of
repairs or remedial work achieved without iBeeLk’s earlier written approval and
the consumer shall indemnify seller against all Losses springing up out of such
claims;
2.9.6 seller shall be underneath no liability below the
above assurance (or any other guarantee, circumstance or guarantee) if the
whole charge for the products has no longer been paid in cleared finances by
way of the due date for charge; and
2.nine.7 vendor shall be under no legal responsibility
whatsoever in respect of any disorder in the goods springing up after the
expiry of the applicable Product assurance, if any.
2.10 intellectual belongings:
2.10.1 except the prior written consent of iBeeLk has been
received, the consumer shall not eliminate or alter the exchange marks, logos,
copyright notices, serial numbers, labels, tags or different identifying marks,
symbols or legends affixed to any merchandise.
2.10.2 where software programs, drivers or other computer
programmes and/or all different layout info, technical handbooks or manuals,
drawing or different facts (all collectively known as “Product substances”) are
supplied to the consumer by way of supplier in connection with the Order, the
use and retention of the Product materials are issue to the terms and
situations of licence or use (consisting of stop-person licences, regulations
or conditions of use) as can be prescribed by using vendor or its licensors and
must no longer be used apart from strictly according with such phrases and
conditions.
2.10.three The client is of the same opinion and recognizes
that the Product substances shall remain the assets of vendor or its licensors.
The client similarly consents that any and all intellectual belongings embodied
in or regarding the Product substances shall remain the sole and exclusive
belongings of seller or its licensors. unless otherwise expressly furnished in
the Order or the previous written consent of iBeeLk has been obtained, the
customer undertakes to go back the Product substances and/or any copies thereof
upon iBeeLk’s request.
3. transport of merchandise
3.1 cope with: shipping of the products shall be made to the
cope with you specify in your Order both via seller or by way of iBeeLk (or its
dealers) on behalf of dealer.
3.2 transport & packing fees: transport and packing
expenses shall be as set out within the Order.
3.three tracking: you could music the fame of the shipping
on the “Order tracking” page of the Platform.
three.four transport timeframe: You well known that delivery
of the goods is issue to availability of the goods. vendor will make every
affordable attempt to deliver the Product to you in the shipping time frame
said at the applicable page on which the Product is listed, but you acknowledge
that whilst inventory information on the Platform is updated often, it's far
possible that in a few times a Product may also grow to be unavailable between
updates. All delivery timeframes given are estimates simplest and delays can
arise. If the shipping of your Product is delayed dealer will inform you hence
thru email and your Product could be dispatched as soon because it becomes
available to supplier. The time for delivery shall now not be of the essence,
and vendor (nor any of its sellers) shall now not be accountable for any
postpone in transport howsoever prompted.
3.5 Deemed receipt: in the occasion you do no longer receive
the Product by means of the projected transport date and provided which you
inform iBeeLk inside three days straight away from such projected transport
date, supplier will try, to the best of dealer’s capacity, to discover and
supply the Product. If iBeeLk does not pay attention from you inside 3 days
from such projected transport date, you will be deemed to have acquired the
Product.
3.6 Voucher from iBeeLk: If there's a put off in delivery of
the products, iBeeLk may additionally in its sole discretion offer a Voucher to
the patron. Upon the attractiveness of a Voucher by means of the patron, the
patron shall have no in addition declare in opposition to dealer.
3.7 client’s failure to take transport: If the client fails
to take delivery of the goods (otherwise than by means of cause of any cause
past the consumer's affordable manipulate or by cause of supplier’s fault) then
without prejudice to another right or remedy to be had to supplier, dealer may
additionally terminate the patron agreement.
4. prices of products
four.1 list charge: The fee of the products payable via a
customer will be the listing rate at the time at which the Order positioned
through the consumer is transmitted to supplier (thru the Platform).
4.2 Taxes: All list expenses are subject to taxes, until in
any other case stated. vendor reserves the right to amend the list expenses at
any time with out giving any reason or previous observe.
five. fee
five.1 trendy: you may pay for the Product using any of the
price methods prescribed by using iBeeLk once in a while. while you place an
Order, actual price might be simplest charged upon dealer’s popularity of your
Order and formation of a client agreement. All payments shall be made to
iBeeLk, either accepting price in its personal right or as vendor’s agent
(wherein seller is a third birthday celebration supplier). You well known that
iBeeLk is entitled to acquire payments from you on behalf of 0.33 birthday
party vendors.
five.2 extra phrases: The payment strategies may be
situation to additional terms as prescribed by iBeeLk every now and then.
five.three payment strategies: you settle which you are
concern to the applicable consumer settlement of your charge technique. you can
no longer declare in opposition to dealer or any of its sellers (which can also
include iBeeLk), for any failure, disruption or mistakes in connection with
your chosen price technique. iBeeLk reserves the right at any time to modify or
stop, briefly or permanently, any charge technique without be aware to you or
giving any motive.
five.four Invoicing: dealer may bill you upon the due date
of any fee below a purchaser agreement.
five.five Failure to pay: If the consumer fails to make any
payment pursuant to the phrases and conditions of the payment method elected or
fee is cancelled for any reason in any respect, then with out prejudice to any
other proper or treatment available to vendor, vendor will be entitled to
cancel the customer agreement or suspend transport of the goods till price is
made in complete.
5.6 Refund of charge:
(a) All refunds will be made via the authentic fee mechanism
and to the person that made the authentic fee, except for cash on shipping,
wherein refunds can be made via financial institution transfer into the man or
woman’s bank account supplied that whole and accurate financial institution
account details are supplied to us.
(b) We provide no guarantee of any nature for the timeliness
of the refunds attaining your account. The processing of payment may
additionally take time and it's miles difficulty to the respective banks and/or
payment issuer inner processing timeline.
(c) All costs related to the refund process imposed by way
of the processing financial institution and/or charge company shall be borne
with the aid of us.
(d) All refunds are conditional upon our acceptance of a
legitimate return of the Product.
(e) We reserve the right to alter the mechanism of
processing refunds at any time with out note.
6. Refunds/Returns/maintenance/Replacements
6.1 return coverage: All returns need to be achieved in
accordance with the instructions set out within the go back policy at iBeeLk
Returns policy. client can also initiate the returns method by using speaking
with seller or iBeeLk via the Platform, because the case may be. seller or
iBeeLk is not obliged to conform to any return except all such instructions are
accompanied to supplier’s and iBeeLk’s pleasure. consumer recognizes that a
return may be rejected if such commands aren't strictly adhered to. For a valid
go back,supplier or iBeeLk may also (as relevant and at their discretion),
provide consumer treatments as set out in Clause.
6.2 authorised Returns: difficulty to Clause 6.1, within 7
days from the date of transport of the Product, you could return a Product
while you:
6.2.1 get hold of a product this is essentially exceptional
in nature from the Product distinctive inside the client contract; or 6.2.2
acquire a faulty or broken Product.
6.three Refund, repair, replacement or fee discount: For
products that qualify for a legitimate return, seller or iBeeLk may also offer
the following remedies at its sole discretion:
6.three.1 Refunds: supplier or iBeeLk may provide client a
partial or full refund of the price paid for the non-conforming Product.
6.three.2 maintenance: seller or iBeeLk may also offer
consumer a repair of the non-conforming Product.
6.three.3 Replacements: supplier or iBeeLk may also offer
the purchaser a alternative Product in location of the non-conforming Product.
within the occasion that purchaser elects to simply accept a
restore or substitute and the seller fails to accomplish that inside a
reasonable time, iBeeLk may also furnish to the client a discount of the charge
in share to the reduced cost of the products, the quantum of which will be
decided at its sole discretion. Upon client accepting a remedy from the vendor
or iBeeLk as set out above, the consumer shall don't have any further declare
against the seller as regard to the non-conforming Product.
6.4 go back of Non-conforming merchandise: while seller or
iBeeLk has supplied substitute merchandise or given the customer a complete
refund, the non-conforming products or components thereof shall grow to be
supplier’s assets. supplier or iBeeLk may additionally, at its sole discretion,
request such non-conforming merchandise to be shipped back to supplier or
iBeeLk at purchaser’s cost.
7. Questions and court cases
7.1 when you have any questions or proceedings, (i) you can
either touch the seller at once via the Platform or (ii) touch iBeeLk using the
“contact Us” web page at the Platform, as applicable.
7.2 in the occasion that consumer is not able to solve any
dispute with the vendor at once through amicable negotiations, iBeeLk reserves
the proper to indicate and put into effect an appropriate resolution at its
sole discretion.
8. Termination
eight.1 Cancellation via you: you could cancel the patron
agreement before dealer dispatches the products underneath such client
settlement with the aid of written be aware to iBeeLk thru our contact Us web
page at iBeeLk contact page . If the goods have already been dispatched, you
may not cancel the customer contract but may additionally most effective return
the products according with Clause 6.
8.2 Cancellation by means of vendor: without prejudice to
every other proper of termination some place else in those terms &
situations of Sale for iBeeLk, dealer, or iBeeLk performing on vendor’s behalf,
may additionally forestall any merchandise in transit, droop similarly
deliveries to the customer and/or terminate the customer contract with
instantaneous effect by means of written observe to the patron on or at any
time after the occurrence of any of the subsequent events:
eight.2.1 the goods under the client agreement being
unavailable for any cause;
eight.2.2 the purchaser being in breach of an responsibility
underneath the consumer agreement;
eight.2.three the consumer passing a decision for its
polishing off or a court docket of ready jurisdiction making an order for the
purchaser’s finishing up or dissolution;
8.2.4 the making of an management order on the subject of
the patron or the appointment of a receiver over or an encumbrancer taking
possession of or selling any of the customer’s assets; or
8.2.five the patron making an arrangement or composition
with its lenders generally or applying to a courtroom of ready jurisdiction for
protection from its lenders.
8.3 Termination via seller in the occasion of Pricing
blunders: vendor reserves the proper to terminate the customer settlement,
within the occasion that a Product has been mispriced at the Platform, in which
event iBeeLk shall, on behalf of vendor, notify you of such cancellation in
writing. vendor shall have such right to terminate such customer agreement
whether or now not merchandise had been dispatched or are in transit and
whether payment has been charged to you.
9. risk and belongings of the goods
9.1 threat of harm to or loss of the goods shall pass to the
purchaser at the time of transport or if the consumer wrongfully fails to take
shipping of the goods, the time whilst iBeeLk has tendered transport of the
goods.
nine.2 notwithstanding transport and the passing of chance
in the products or some other provision of these conditions the assets in the
products shall now not pass to the purchaser until iBeeLk has obtained in cash
or cleared budget fee in complete of the price of the goods and all other items
agreed to be offered with the aid of iBeeLk to the purchaser for which payment
is then due.
9.three till such time as the assets in the products passes
to the customer, the consumer shall hold the goods as iBeeLk 's fiduciary agent
and bailee and shall hold the products break away the ones of the buyer.
9.4 The purchaser is of the same opinion with iBeeLk that
the consumer shall at once notify iBeeLk of any matter from time to time
affecting iBeeLk’s name to the products and the customer shall offer iBeeLk
with any facts regarding the products as iBeeLk may additionally require every
so often.
nine.5 till such time because the property in the goods
passes to the client (and furnished the goods are nonetheless in lifestyles and
feature now not been resold) iBeeLk will be entitled at any time to call for
the customer to supply up the goods to iBeeLk and inside the event of
non-compliance iBeeLk reserves it’s right to take felony motion against the
client for the transport up the products and additionally reserves its right to
are seeking damages and all different prices together with but not restricted
to legal expenses towards the purchaser.
nine.6 The consumer shall not be entitled to pledge or in
any way fee by manner of protection for any indebtedness any of the goods which
continue to be the assets of iBeeLk however if the consumer does so all moneys
owing by the client to iBeeLk shall (without prejudice to any other proper or
remedy of iBeeLk) forthwith emerge as due and payable.
9.7 If the provisions in this situation 9 are not powerful
in step with the regulation of the us of a wherein the products are positioned,
the felony idea closest in nature to retention of identify in that united
states of america will be deemed to use mutatis mutandis to offer effect to the
underlying intent expressed on this situation, and the buyer shall take all
steps important to offer impact to the equal.
nine.eight The client shall indemnify iBeeLk in opposition
to all loss damages costs fees and felony costs incurred through the buyer in
reference to the announcement and enforcement of iBeeLk 's rights below this
condition.
10. hassle OF legal responsibility
10.1 Sole treatments of consumer: the remedies set out in
clause 6 are the client’s sole and special remedies for non-conformity of or
defects in the goods.
10.2 most liability: however every other provision of those
terms & conditions of sale for iBeeLk, supplier’s maximum cumulative legal
responsibility to you or to every other celebration for all losses beneath,
springing up out of or relating to the sale of products underneath every
customer agreement, will now not exceed the sums that you have paid to vendor
under such purchaser contract.
10.three Exclusion of liability: iBeeLk indemnitees shall
not be liable to you for any losses in any respect or howsoever triggered
(irrespective of the form of motion) arising at once or not directly in
connection with: (i) amounts due from different customers of the platform in
reference to the acquisition of any product; (ii) the sale of the products to
you, or its use or resale by you; and (iii) any disorder springing up from
honest put on and tear, wilful damage, misuse, negligence, twist of fate,
bizarre garage and or working situations, alteration or amendment of the
products or failure to comply with seller’s instructions on the use of the
goods (whether or not oral or written).
eleven. widespread
eleven.1 References to “iBeeLk”: References to “iBeeLk” in
these terms and situations of Sale for iBeeLk apply both to iBeeLk’s movements
on its own behalf as dealer and/or because the operator of the Platform or
because the agent of 1/3 party providers as sellers in appreciate of every and
each customer contract.
11.2 The rights and protections conferred on iBeeLk
underneath these terms and conditions of Sale for iBeeLk will be additional to
the rights and protections conferred on iBeeLk below the terms of Use,
privateness policy as well as such other terms and conditions as may be agreed
to or normal through the purchaser.
11.three Any clause within the terms and conditions of Sale
for iBeeLk, terms of Use, privateness coverage and other terms and conditions
as can be agreed to or universal by using the consumer this is invalid,
unenforceable or illegal shall be enforced as almost as possible in accordance
with its terms, but shall in any other case be deemed severed and shall now not
have an effect on the enforceability of another clauses, which clauses shall
remain legitimate and enforceable to the fullest extent accepted by means of
law.
11.4 iBeeLk reserves the right to alter, adjust, upload to
or in any other case range those terms and conditions of Sale for iBeeLk once
in a while, and in such manner as iBeeLk deems appropriate. The consumer shall
be certain by the terms and situations so amended. In any event, if the purchaser
keeps to use the services supplied via iBeeLk after such change, the consumer
shall be deemed to have conventional the amendments.
11.five Cumulative Rights and treatments: until in any other
case supplied below these terms & situations of Sale, the provisions of
those phrases & conditions of Sale for iBeeLk and seller’s rights and
treatments beneath those phrases & situations of Sale for iBeeLk are
cumulative and are without prejudice and similarly to any rights or treatments
supplier might also have in regulation or in fairness, and no exercise with the
aid of seller of any one right or remedy under these phrases & conditions
of Sale for iBeeLk, or at law or in equity, shall (store to the extent, if any,
furnished expressly in those phrases & conditions of Sale for iBeeLk or at
law or in fairness) function in an effort to avert or prevent dealer’s
exercising of every other such right or remedy as at regulation or in fairness.
eleven.6 Correction of mistakes: Any typographical, clerical
or different errors or omission in any acceptance, invoice or other report on
supplier’s component shall be problem to correction without any liability on
dealer’s element.