We, empiricalmart.com.bd. Online based e-commerce business site
How the contract is formed between you and us
2.1 After placing an order, you will receive online notification from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product or Service. All orders are subject to acceptance by us. The contract between us (Contract) will only be formed when you receive the Products and/or Services (as applicable).
2.2 In the case of Products, the Contract will relate only to those Products which you receive. A contract for any other Products which may have been part of your order will be formed when you receive those other Products.
2.3 In the case of Services, these will be governed by the relevant terms and conditions applicable to the particular service, which will be available on the site to which your service relates – please check these terms and conditions before proceeding with your order.
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 16 years old; and
3.1.3 That you are not resident in a county where making a payment to our site, in line with these terms and conditions would breach any laws in that county.
Deliveries of Products
In the case of Products, your order will be fulfilled/made ready for receipt (as applicable) within a reasonable time of the date indicated at the time of ordering, unless there are exceptional circumstances.
We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied. All other warranties, conditions or terms relating to fitness for purpose, merchantability, satisfactory quality or condition whether implied by stature or common law are excluded in so far as permitted by law.
6.1 In the case of Products, if you are contracting as a consumer, you have a statutory right to cancel your Product order for any reason and receive a full refund, except in the case of certain products listed in paragraph 6.2. You will receive a full refund of the price paid for the Products (excluding postage costs). In the event that you received a Product that is damaged on delivery then please inform us of this in writing as soon as possible (within 0ne hour). If a Product is returned to us damaged and you have not informed us that the Product was damaged when you received it then we may refuse your right to cancel or receive a refund.
6.2 You will not have any right to cancel a Contract for the supply of any made-to-measure or personalized products, newspapers, periodicals or magazines, perishable goods, or software, DVDs or CDs which have had their security seal opened or unsealed.
6.3 In the case of Services, your cancellation rights vary depending on the service that we are providing you with. A cancellation fee may be applicable. Please refer to the particular terms and conditions that relate to the Service that you are receiving in accordance with paragraph
Transfer of rights and obligations
7.1 We may transfer our rights and obligations under these terms and conditions to another organization, but that will not affect your rights or our obligations under your Contract with us.
7.2 You may only transfer your rights and obligations under your Contract with us if we agree to this in writing.
8.1 The price of the Products, Services and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
8.2 Product and Service prices excluding VAT.
8.3 Product and Service prices and delivery charges are liable to change at any time, but changes will not affect orders for Products and/or Services which you then take steps to fulfill/receive within a reasonable time of such order.
9.1 If an order is cancelled in accordance with paragraph 6 above, then we will refund the amounts owed as soon as possible following cancellation and in any case within 30 days following cancellation.
9.2 If we are due to provide you with a refund then this will be made to the credit or debit card used to carry out the original transaction.
How we use your information
Our right to vary these terms and conditions
10.1 We have the right to revise and amend these terms and conditions from time to time.
10.2 You will be subject to the policies and terms and conditions in force at the time that you order Products and/or Services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
Our contract with you if you are a business
12.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter hereof.
12.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
12.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
12.4 Nothing in this paragraph limits or ex