TERMS AND CONDITIONS OF USING EKAFELA
Welcome to Ekafela.com. These Terms and Conditions govern your use of the website and services provided by Ekafela. By accessing, browsing, or purchasing from this Site, you agree to be bound by these Terms, which constitute a legally binding agreement between you and Ekafela.com.
If you do not agree to these Terms, please do not accesses, register with, or use this Site.
1. CONDITIONS OF USE
1.1. Eligibility: Use of the Site is available only to persons who can form legally binding contracts under the Contract Act, 1872. Persons who are "incompetent to contract" (e.g., minors, un-discharged insolvents) are not eligible to use the Site. If you are a minor (under 18 years), you may use this Site only under the supervision of a parent or legal guardian.
1.2. License: Ekafela grants you a limited, non-transferable, and revocable license to access the Site for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited unless explicitly permitted by us in advance.
2. ACCOUNT AND SECURITY
2.1. Registration: To access certain services, you may be required to create an account. You are solely responsible for maintaining the confidentiality of your User ID and Password.
2.2. Activity: You agree to accept responsibility for all activities that occur under your account. Ekafela shall not be liable for any loss or damage arising from your failure to protect your account information.
2.3. Data Integrity: You agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form.
3. ORDERING AND PRICING
3.1. Order Acceptance: 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.
3.2. Pricing: We are determined to provide the most accurate pricing information on the Site; however, errors may still occur, such as cases when the price of an item is not displayed correctly. 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.
3.3. Price Fluctuations: Prices for imported baking ingredients and frozen goods are subject to change due to market currency fluctuations and supply chain costs without prior notice.
4. SPECIAL PROVISIONS FOR FROZEN & PERISHABLE ITEMS
This section is specific to Ekafela’s inventory nature, distinguishing it from standard ecommerce sites.
4.1. "Cold Chain" Integrity: Ekafela takes strict measures to ensure frozen items (e.g., butter, cheese, frozen meats, whipping cream) are dispatched in appropriate temperature-controlled packaging.
4.2. Delivery Acceptance: Due to the sensitive nature of frozen products:
- Mandatory Presence: You or your authorized representative must be physically present at the delivery address to receive the order immediately.
- No "Leave at Door": We will not leave frozen items at security posts or doorsteps unattended.
- Failed Delivery: If you are unavailable to receive the delivery, the item will be returned to our warehouse. Re-delivery attempts for frozen items are not guaranteed and may be subject to a spoiling fee or cancellation of the refund for that specific item.
5. PAYMENT TERMS
5.1. Methods: We accept Cash on Delivery (COD), Visa/Mastercard/Amex, and Mobile Financial Services (bKash, Nagad, Rocket).
5.2. Fraud Protection: To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Ekafela reserves the right to cancel all past, pending, and future orders without any liability.
6. DELIVERY
6.1. Timeline: Delivery timelines are estimated and commence from the date of shipping, rather than the date of order.
- Dhaka City: 2 – 3 Working Days.
- Outside Dhaka: 3 – 5 Working Days.
6.2. Delays: We are not responsible for delays caused by Force Majeure events (e.g., political unrest, natural disasters, strikes) or third-party courier logistics.
7. USER SUBMISSIONS
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions.
8. TRADEMARKS AND COPYRIGHTS
All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site, and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Bangladesh copyright laws and international conventions.
9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1. Product Representation: While we try to be as accurate as possible, the actual product packaging, material, and design may vary slightly from the images on the website.
9.2. Limitation: Ekafela.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, service interruption, or system failure.
10. GOVERNING 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 Dhaka.
11. 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 Dhaka, Bangladesh in English and governed by Bangladesh law pursuant to the Arbitration Act of 2001.