Return & Refund Policy
Last
update: 1st January 2022
1 These terms
1.1 What these terms cover. These are the terms and
conditions on which we supply products to you, whether they are physical goods
or digital content.
1.2 Why you should read them. Please read these terms
carefully before you submit your order to us. These terms tell you who we are,
how we will provide products to you, how you and we may change or end the
contract, what to do if there is a problem and other important information. If
you think that there is a mistake in these terms, please contact us to discuss.
2 Information about us and how to contact us
2.1 Who we are. We are boimelaa.com, a business
organigztion registered in Bangladesh. Our registration number is DSC-004029 and our registered
office is at 274/2 S J Jahanara Imam Sarani, Elephant Road, Dhaka-1205.
2.2 How to contact us. You can contact us by telephoning
our customer service team at +88 09606 033393 or by writing to us at [email protected].
2.3 How we may contact you. If we have to contact you we
will do so by telephone, cell phone or by writing to you at the email address
or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the
words "writing" or "written" in these terms, this includes
emails.
3
Our contract with you
3.1 Our order process.Our shopping pages will guide you
through the steps you need to take to place an order with us. Before you place
your order you will see a description of the main characteristics of the
products in your shopping basket. Our order process allows you to check and
amend any errors in your shopping basket before submitting your order to us.
Please take the time to read and check your order at each page of the order
process.
3.2 How we will accept your order. Our acceptance of your
order will take place when we email you to accept it, at which point a contract
will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to
accept your order, we will tell you. This might be because the product is out
of stock, because of unexpected limits on our resources which we could not
reasonably plan for, because we have identified an error in the price or
description of the product or because we are unable to meet a delivery deadline
you have specified.
4
Our products
4.1 Products may vary slightly from their pictures. The
images of the products on our website are for illustrative purposes only.
Although we try to display the colours accurately, we cannot guarantee that
your device's display of the colours accurately reflects the colour of the
products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the
product may vary from that shown on images on our website.
4.3 Some products may have age restrictions.Some products,
such as adult books, may carry age restrictions.The product details will make
those age restrictions clear.By ordering products with age restrictions, you
are confirming that you meet those age restrictions.
5 Your rights to make changes
If
you wish to make a change to your order please contact us. We will let you know
if the change is possible. If it is possible we will let you know about any
changes to the price of the product, the delivery charges, the timing of supply
or anything else which would be necessary as a result of your requested change
and ask you to confirm whether you wish to go ahead with the change.
6 Our rights to make changes
6.1 Changes to these terms. We may make changes to these
terms from time to time, for example to reflect changes in the law or to
accommodate new types of product.Each time you order products from us, the edition/version
of these terms then in force will apply to that order.
7
Providing the products
7.1 Delivery costs. The costs of delivery will be as
displayed to you on our website during the checkout process.
7.2 When we will provide the products. If the products are
goods we will deliver them to you as soon as reasonably possible and in any
event within 30 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then
we will contact you as soon as possible to let you know and we will take steps
to minimise the effect of the delay. Provided we do this we will not be liable
for delays caused by the event, but if there is a risk of substantial delay you
may contact us to end the contract and receive a refund for any products you
have paid for but not received.
7.4 If you are not at home when the product is delivered.
If no one is available at your address to take delivery and the products cannot
be posted through your letterbox, the carrier will endeavour to leave you a
note informing you of how to rearrange delivery or collect the products from a
local depot.
7.5 If you do not re-arrange delivery. If you do not
collect the products as arranged or if, after a failed delivery to you, you do
not re-arrange delivery or collect them from a delivery depot we will endeavour
to contact you for further instructions. If, despite our reasonable efforts, we
are unable to contact you or re-arrange delivery or collection we may end the
contract and clause 10.2 will apply.
7.6 When you become responsible for the product. The
product will be your responsibility from the time we deliver the product to the
address you gave us or you or a carrier organised by you 7.7 When you own goods. You own a product which is goods
once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to:
7.8.1
deal with technical problems or make minor technical changes;
7.8.2
update the product to reflect changes in relevant laws and regulatory
requirements;
7.8.3
make changes to the product as requested by you or notified by us to you (see
clause 6).
8
Your rights to end the contract
8.1 You can always end your contract with us.Your rights
when you end the contract will depend on what you have bought, whether there is
anything wrong with it, how we are performing and when you decide to end the
contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a
legal right to end the contract (or to get the product repaired
or replaced or a service re-performed or to get some or all of your money
back), see clause 11;
8.1.2 If you want to end the contract because of something we have done
or have told you we are going to do, see
clause 8.2;
8.1.3 If you have just changed your mind about the product, see
clause 8.3. You may be able to get a refund if you are within
the cooling-off period, but the refund may be subject to deductions;
8.1.4 In all other cases (if we are not at fault and there is no right
to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going
to do. If you are ending a contract for a reason set out at 8.2.1 to
8.2.5 below the contract will end immediately and we will refund you in full
for any products which have not been provided and you may also be entitled to
compensation. The reasons are:
8.2.1
we have told you about an upcoming change to the product or these terms which
you do not agree to (see clause 6.1);
8.2.2
we have told you about an error in the price or description of the product you
have ordered and you do not wish to proceed;
8.2.3
there is a risk that supply of the products may be significantly delayed
because of events outside our control;
8.2.4
we have suspended supply of the products for technical reasons, or notify you
we are going to suspend them for technical reasons, in each case for a period
of more than 14 days; or
8.2.5
you have a legal right to end the contract because of something we have done
wrong.
8.3 Exercising your right to change your mind (Consumer Contracts
Regulations). For most products bought online you have a legal right
to change your mind within 14 days and receive a refund.These rights, under the
International Consumer Contracts Regulations, are explained in more detail in
these terms.
8.4 When you don't have the right to change your mind.You
do not have a right to change your mind in respect of:
8.4.1
digital content after you have started to download or stream them;
8.4.2
sealed goods, once they have been unsealed after you receive them; and
8.5 How long you have to change your mind. How long
you have depends on what you have ordered and how it is delivered. If you have bought goods.You have 14 days after the day
you (or someone you nominate) receive the goods, unless your goods are split into several deliveries over different
days, in which case you have until 14 days after the day you (or
someone you nominate) receive the last delivery to change your mind about the
goods.
8.6 Ending the contract where we are not at fault and there is no
right to change your mind. If you do not have any other rights to
end the contract (see clause 8.1), you can still contact us before it is
completed and tell us you want to end it. If you do this the contract will end
immediately and we will refund any sums paid by you for products not provided
but we may deduct from that refund (or, if you have not made an advance
payment, charge you) reasonable compensation for the net costs we will incur as
a result of your ending the contract.
9 How to end the contract with us (including if you
have changed your mind)
9.1 Tell us you want to end the contract. To end the
contract with us, please let us know.The best way to do that is to call
customer services on +88 09606 033393 or email us at [email protected]. Please provide your name, home address,
details of the order and, where available, your phone number and email address.
9.2 Returning products after ending the contract. If you
end the contract for any reason after products have been dispatched to you or
you have received them, you must return them to us. You must post them
back to us at the returns address published on our website. If you are
exercising your right to change your mind you must send off the goods within 14
days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the
costs of return:
9.3.1
if the products are faulty or misdescribed; or
9.3.2
if you are ending the contract because we have told you of an upcoming change
to the product or these terms, an error in pricing or description, a delay in
delivery due to events outside our control or because you have a legal right to
do so as a result of something we have done wrong. In all other circumstances
(including where you are exercising your right to change your mind) you must
pay the costs of return.
9.4 How we will refund you.When we give you a refund, we
will refund you the price you paid for the products, including delivery costs,
by the method you used for payment. However, in some circumstances we may make
deductions from the price, as described below.
9.5 Deductions from refunds. If you are exercising your
right to change your mind:
9.5.1
We may reduce your refund of the price (excluding delivery costs) to reflect
any reduction in the value of the goods, if it has been caused by your handling
them in a way which would not be permitted in a shop.
9.5.2
The maximum refund for delivery costs will be the costs of delivery by the
least expensive delivery method we offer. For example, if we offer delivery of
a product within 3-5 days at one cost but you choose to have the product
delivered within 24 hours at a higher cost, then we will only refund what you
would have paid for the cheaper delivery option.
9.6 When your refund will be made. We will make any refunds
due to you as soon as possible.If you are exercising your right to change your
mind then:
9.6.1
If the products are goods your refund will be made within 14 days from the day
on which we receive the product back from you or, if earlier, the day on which
you provide us with evidence that you have sent the product back to us.
9.6.2
In all other cases, your refund will be made within 14 days of your telling us
you are exercising your right to change your mind.
10
Our rights to end the contract
10.1 We may end the contract if you break it. We may end the
contract for a product at any time by writing to you if:
10.1.1you
do not make any payment to us when it is due and you still do not make payment
within 7 days of us reminding you that payment is due;
10.1.2you
do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the products (for example, a
corrected delivery address); or
10.1.3you
do not, within a reasonable time, allow us to deliver the products to you or
collect them from your nominated local bookshop.
10.2 You must compensate us if you break the contract. If we
end the contract in the situations set out in clause 10.1 we will refund
any money you have paid in advance for products we have not provided but we may
deduct or charge you reasonable compensation for the net costs we will incur as
a result of your breaking the contract.
11
If there is a problem with the product
11.1 How to tell us about problems. If you have any
questions or complaints about the product, please contact us. You can telephone
our customer service team at +88 09606 033393 or write to us at [email protected]. If you are not happy with how we have
handled your complaint, you have the right to submit the dispute for online
resolution to the solution.
11.2 Summary of your legal rights. We are under a legal duty
to supply products that are in conformity with this contract. See the box below
for a summary of your key legal rights in relation to the product. Nothing in
these terms will affect your legal rights.
11.2.1 Summary
of your key legal rights. This is a summary of your key legal rights. These are
subject to certain exceptions. For detailed information please visit the
Citizens Advice website. If your product is goods (for
example, a book) the Consumer Rights Act says goods must be as described, fit
for purpose and of satisfactory quality. During the expected life of your
product your legal rights entitle you to the following:
·
11.2.1.1
up to 30 days: if your item is faulty, then you can get a refund.
·
11.2.1.2up
to six months: if your faulty item can't be repaired or replaced, then you're
entitled to a full refund, in most cases.
·
11.2.1.3
up to six years: if the item can be expected to last up to six years you may be
entitled to a repair or replacement, or, if that doesn't work, some of your
money back.
11.3 Your obligation to return rejected products. If you
wish to exercise your legal rights to reject products you must post them back
to us at the returns address on our website. We will pay the costs of postage.
12
Price and payment
12.1 Where to find the price for the product. The price of
the product (which includes VAT) will be the price indicated on the order pages
when you placed your order. We take all reasonable care to ensure that the
price of product advised to you is correct. Clause 12.3 describes what
happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate
of VAT changes between your order date and the date we supply the product, we
will adjust the rate of VAT that you pay, unless you have already paid for the
product in full before the change in the rate of VAT takes effect.
12.3 What happens if we get the price wrong. It is always
possible that some of the products we sell may be incorrectly priced. We will
normally check prices before accepting your order so that, where the product's
correct price at your order date is less than our stated price at your order
date, we will charge the lower amount. If the product's correct price at your
order date is higher than the price stated in our price list, we will contact
you for your instructions before we accept your order. If we accept and process
your order where a pricing error is obvious and unmistakeable and could
reasonably have been recognised by you as a mispricing, we may end the
contract, refund you any sums you have paid and require the return of any goods
provided to you.
12.4 When you must pay and how you must pay. We accept
payment by Visa and Mastercard debit and credit cards registered to a valid Bangladesh
& Indian address, and by PayPal.When you must pay depends on the product
you are buying:
12.4.1
For goods, you must pay for the products before we
dispatch them. If you pay by bKash, Rocket, debit or credit card, PayPal, we
will charge you when you place your order (because that is inherent to how PayPal
works).
13
Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused
by us. If we fail to comply with these terms, we are responsible for
loss or damage you suffer that is a foreseeable result of our breaking this
contract or our failing to use reasonable care and skill. Loss or damage is
foreseeable if either it is obvious that it will happen or if, at the time the
contract was made, both we and you knew it might happen, for example, if you
discussed it with us during the sales process.
13.2 We are not liable for business losses. We only supply
the products for domestic, private & official use. If you use the products
for any commercial, business or re-sale purpose we will have no liability to
you for any loss of profit, loss of business, business interruption, or loss of
business opportunity.
14
How we will use your personal information.Our privacy
policy describes
what we will do with your personal information.Please take the time to read it
carefully.You will be asked to agree to our privacy policy when you create an
account with us or when you place an order with us.
15
Other important terms
15.1 We may transfer this agreement to someone else. We may
transfer our rights and obligations under these terms to another
organisation.We will always tell you in writing if that happens and we will
ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else.
You may only transfer your rights under these terms to another person if we
agree to it in writing. We may not agree if you owe us money, if you have
otherwise broken the contract between us, if it would be illegal or if it would
put us in breach of our obligations to others.
15.3 Nobody else has any rights under this contract. This
contract is between you and us. No other person will have any rights to enforce
any of its terms.
15.4 If a court finds part of this contract illegal, the rest will
continue in force. Each of the paragraphs of these terms operates
separately. If any court or relevant authority decides that any of them are
unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce
it later. If we do not insist immediately that you do anything you
are required to do under these terms, or if we delay in taking steps against
you in respect of your breaking this contract, that will not mean that you do
not have to do those things and it will not prevent us taking steps against you
at a later date. For example, if you miss a payment and we do not chase you but
we continue to provide the products, we can still require you to make the
payment at a later date.
15.6
If you are not happy with how we have handled your
complaint, you have the right to submit the dispute for online
resolution.
15.7 Which laws apply to this contract and where you may bring legal
proceedings. These terms are governed by Bangladeshi law and you can
bring legal proceedings in respect of the products in the Bangladeshi courts.
If you live in Kolkata you can bring legal proceedings in respect of the
products in either the Indian or the Bangladeshi courts.