Terms of Service

OVERVIEW

This website is operated by Samirahan. Throughout the site, the terms “we”, “us” and “our” refer to Samirahan. Samirahan offers this website, including all information, tools and services available from this site to “you”, “the user”, “client”, “customer” referring to the user end, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using the site in any manner, including but not limited to visiting or browsing the site, you agree to be bound by the terms and conditions as depicted herein (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referred to here and/or available by hyperlink. These Terms of Service applies to all users of the site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the site.

www.samirahan.com is an online marketplace and these are the terms and conditions governing your access and use of this website. This online marketplace allows you to explore various products depending upon your preferences and other information provided by you on this website, which allows you to buy products using the website (“Service”).

Please read these Terms of Service carefully before accessing or using our website. While accessing and using this website or its services, you agree to comply with all applicable laws and regulations when accessing or using the site or Services. Furthermore, you also confirm, if you do not understand and agree to these terms and conditions, you shall not use this website.

You may be denied access or use of the Services or the site and may not accept the Terms of Services if you are not permitted to receive any Services under the laws of Bangladesh or other countries / regions including the country / region in which you are resident or from which you access and use the Services and the website.

You agree not to undertake any action to undermine the integrity of the computer systems or networks of this website and / or any other user, nor to gain unauthorized access to such computer systems or networks.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent you understanding of the following:

1. You are at least the age of majority in your state or province of residence;
2. You are at the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, complying with the provisions of Digital Commerce Operation Guidelines, 2021 (“Guidelines”) as well as any other applicable laws or any further amendment to such guidelines and other applicable laws. You understand that your personal content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We take the responsibility for the information made available on this site to the extent as required by the Guidelines. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices indicated on our website are shown in BDT (Bangladeshi Taka) and do not include delivery costs. The delivery costs are clearly shown in the checkout page and invoiced at the end of the order in addition to the price of the products. All prices for our products are subject to change without notice but this will be notified to you through the order invoice at the time of placing the order. However, in the event that if any item(s) in our catalogue is wrongly priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your debit / credit card has been charged.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund / Return Policy. View our Refund / Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. However, color may vary due to display settings of your monitor for which we are not liable.

Furthermore, every effort has been made to display information about the products in the store as accurately and up-to-date as possible. In the event of any unwilful mistake on our part, you are requested to contact us to give your feedback and / or contact us in accordance with our Refund / Return Policy.

Make sure you always read labels, directions, warnings and allergy advice (if applicable) before purchasing, using or consuming the products. It is your responsibility to ensure the products you choose are right for you.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time by showing “not available in stock” in the site.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund / Return Policy. View our Refund / Return Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Our Website contains links to websites owned and operated by third-parties. If you use these links, you leave our website. These links are provided for your information and convenience only and are not an endorsement from us of the content of such linked websites or third-party services. We have no control of the content of any linked website and are not responsible for these websites or their content or availability.

We therefore make no warranties or representations, express or implied about such linked websites, the third-parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services.

If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third-party and/or make any donations to such third-party, you do so entirely at your own risk. We accept no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained in or accessed through any such linked website.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, racist, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may 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 comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. View our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
You agree and undertake to use the Website only to post and upload messages that are proper. By way of example, and not as a limitation, you agree and undertake that when using a service, you will not:

1. Defame, abuse harass, stalk, threaten or otherwise violate the legal rights of others;
2. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. Upload or transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful to the Website or another computer;
5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. Violate any applicable laws or regulations for the time being in force in or outside Bangladesh; and
10. Violate, abuse, unethically manipulate or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.

Breaching these provisions would constitute a criminal offence and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you in compliance with the Guidelines.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Samirahan, our proprietor, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Samirahan and our parent, subsidiaries, affiliates, partners, officers, proprietor, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you are in breach of any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - FORCE MAJEURE
We shall not be liable for any delay in performing or failure to perform our obligations caused by any force majeure event. In those circumstances we shall be granted a reasonable extension of time for the performance of our obligations, the reasonableness of that extension to be assessed in the context of these Terms of Services and our other commitments. We shall let you know by e-mail, text message or phone call or by any other means within 48 (forty-eight) hours from receiving the order if any force majeure event occurs. Force majeure event means any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third-party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics, pandemics or similar events, natural disasters or extreme adverse weather conditions, or default of third-parties.

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW AND RESOLUTION OF DISPUTES
1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Bangladesh.

2. If any dispute arises relating to the Service, in the first instance please contact us through our Contact Form, or through WhatsApp at +8801953330595 or through our Facebook / Messenger / Instagram social media platforms, and attempt to resolve the dispute with us informally.
3. For any sort of problem arising out of the sale transaction including the arrival of the sale products, faulty products, unauthorized payment etc., please report the issue to us within 14 days from the date of purchase / sale of the products and the reply shall be provided within 72 (seventy-two) hours of receiving the same.
4. If the dispute is not settled by the users within a reasonable time, we shall try to settle the dispute by way of mediation through the mediation resolution process. We shall not bear any costs arising out as such.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us through our Contact Form.