TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE BEFORE SUBMITTING YOUR ORDER TO PURITYORGANICSHOP.COM (“PURITY ORGANIC SHOP”). THESE TERMS OF SERVICE ALONG WITH ALL RULES AND POLICIES RELATING TO ’S SERVICES AS STATED ON Purity Organic Shop WEBSITE, INCLUDING Purity Organic Shop’s PRIVACY POLICY, (COLLECTIVELY, THE “AGREEMENT”) WILL PROVIDE YOU WITH INFORMATION ABOUT WHAT YOU CAN EXPECT FROM Purity Organic Shop’s SERVICES AND FORMS A LEGAL AGREEMENT BETWEEN US. YOUR USE OF Purity Organic Shop’s SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. Delivery
Purity Organic Shop send the goods to You via a public courier service or direct delivery. Although Purity Organic Shop utilizes means to make Your information available only to You, there are inherent security limitations in a public web address which Purity Organic Shop cannot and will not rectify and for which Purity Organic Shop will not be liable. You are able to retrieve your goods by reviving them from Purity Organic Shop’s, and in addition Purity Organic Shop may permit retrieval through an FTP server, API or other mechanism. Purity Organic Shop offers different service pricing based on different requested delivery dates. Purity Organic Shop prioritizes its orders based on requested delivery dates and recognizes that Purity Organic Shop will have satisfied and returning customers if it meets the requested delivery dates. Purity Organic Shop will use commercially reasonable efforts to deliver Your goods within the time frame requested, but Purity Organic Shop does not guarantee that an order will meet its requested delivery date. If the actual date Purity Organic Shop send Your goods is in a different delivery tier from the price You paid (e.g., You paid for 24 hour service but Purity Organic Shop send the goods within 72 hours), You may contact Purity Organic Shop through your account page, detail the date ordered, the requested delivery date and the date actually delivered, and Purity Organic Shop will refund any difference as if You had requested the delivery date in which Purity Organic Shop actually delivered the goods. In rare instances, particularly large orders may surpass Purity Organic Shop’s processing capacity for a requested delivery date, in which case Purity Organic Shop will contact You to determine how best to restructure Your order.
3. Payment
The price of the service ordered shall be set forth in Purity Organic Shop’s price list then in effect when Purity Organic Shop accepts Your order. Purity Organic Shop reserves the right to change its price list without prior notice. All payments shall be made in Bangladeshi Taka. Purity Organic Shop will process your payment upon submission of Your order and will accept Your order upon verified payment. Purity Organic Shop may consider extending a line of credit to large volume, repeat customers on a case by case basis, in which circumstance Purity Organic Shop will invoice such customers on a order basis. You are responsible for paying any applicable taxes, duties or tariffs relating to your order, except taxes on Purity Organic Shop’s income.
4. Disclaimer of Warranties
EXCEPT FOR THE PROCEDURE SET FORTH IN SECTION 1 (“GOODS”), THE SERVICES ARE PROVIDED “AS IS”. NEITHER Purity Organic Shop NOR ITS LICENSORS OR SUBCONTRACTORS MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER. ALL IMPLIED WARRANTIES AS TO SATISFACTORY QUALITY, PERFORMANCE, MECHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
5. Limitation of Liability
IN NO EVENT WILL Purity Organic Shop, ITS LICENSORS OR SUBCONTRACTORS BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, REVENUE, SAVINGS, BUSINESS, DATA OR GOODWILL, HOWEVER USED, WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE ON ANY THEORY OF LIABILITY, WHETHER OR NOT Purity Organic Shop OR A LICENSOR OR SUBCONTRACTOR OF Purity Organic Shop WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, Purity Organic Shop AND ITS LICENSORS AND SUBCONTRACTORS’ TOTAL LIABILITY TO YOU ARISING FROM OR IN RELATION TO THIS AGREEMENT OR Purity Organic Shop OR ITS SUBCONTRACTORS’ PERFORMANCE OF THE SERVICES SHALL BE LIMITED TO THE TOTAL PAYMENTS TO Purity Organic Shop FOR THE SERVICES PERFORMED ON THE RELEVANT IMAGE. IN NO EVENT WILL Purity Organic Shop OR ITS LICENSORS OR SUBCONTRACTORS BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO DAMAGES ARISING FROM DEATH OR PERSONAL INJURY TO PERSONS OR TANGIBLE PROPERTY IN ANY JURISDICTION WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU.
6. Basis of Bargain
The parties acknowledge that Purity Organic Shop has set its prices in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
7. Term
This Agreement shall be effective from the date You submit an order to Purity Organic Shop until the date the send googs is deemed accepted, provided that Purity Organic Shop may terminate this Agreement at any time and will return the fees paid by You for any goods that Purity Organic Shop has not sent and Purity Organic Shop may or may not in Purity Organic Shop’s sole discretion shipping fees paid for sending goods not yet deemed accepted. Sections 3-7 of these Terms of Services, and any other provisions by their very nature, shall survive the expiration or termination of this Agreement.
8. General Provisions
This Agreement applies only to You and may not be assigned or transferred by You. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of Purity Organic Shop. This Agreement will be governed by and construed according to the laws of Bangladesh. without regard to that body of law controlling conflicts of law. The Bangladesh Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. In the event of any dispute or claim arising out of this Agreement, the parties shall submit to arbitration with the Bangladeshi Arbitration Association in Bangladesh or other mutually agreeable arbitration service or location. This Agreement is written in English and the governing language shall be English. The use of the singular includes the plural and vice versa, as the context may require. The headings used in this Agreement are for convenience of reference only and shall not in any way affect the interpretation of the provisions of this Agreement. Purity Organic Shop shall not be liable for any alleged loss or damages resulting from failure to perform due to acts of God, natural disasters, strike, shortages of labor, acts of civil or military authority, governmental priorities, fire, floods, epidemics, quarantine, energy crises, war, riots or interruption of Purity Organic Shop’s production for reasons beyond Purity Organic Shop’s reasonable control. Purity Organic Shop may amend this Agreement at any time, and the terms that will govern Purity Organic Shop’s service of a particular goods are those in effect on the date You submit the order. No waiver will be implied from conduct or failure to enforce rights. If any part of this Agreement is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of this Agreement will remain in full force. In case of conflict between these Terms of Service and any other statement on Purity Organic Shop’s website, these Terms of Service shall control. This Agreement represents the entire agreement between the parties relating to its subject matter and supersedes all other representations.