Term & Conditions

INTRODUCTION

Welcome to Bengalic Super Mart Limited also hereby known as “we”, “us” or ” bengalic.com.bd”. We are an online Hypermarket and these are the terms and conditions governing your access and use of Bengalic along with its related sub-domains, sites, mobile app, services, and tools (the “Site”). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the “User Agreement”). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with, or use this Site. This Site is owned and operated by Bengalic Super Mart Limited, a company incorporated under the Companies Act, 1994, (Registration Number: C-178654/2022).

The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates.

2. CONDITIONS OF USE

A. YOUR ACCOUNT

To access certain services offered by the platform, we may require that you create an account with us or provide personal information to complete the creation of an account. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or because of such request or invalidation.

You are responsible for maintaining the confidentiality of your user identification, password, account details, and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on, or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real-time by accessing your account online. We reserve the right to refuse access to the Site, terminate accounts, and remove or edit content at any time without prior notice to you.

B. PRIVACY

Please review our Privacy Agreement, which also governs your visit to the Site. The personal information/data provided to us by you or your use of the Site will be treated as strictly confidential, by the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified in the Privacy Agreement, please do not use the Site.

C. PLATFORM FOR COMMUNICATION

You agree, understand, and acknowledge that the Site is an online platform that enables you to purchase products listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and Bengalic on our site.

D. CONTINUED AVAILABILITY OF THE SITE

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

E. LICENSE TO ACCESS THE SITE

We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable, and non-exclusive license to use the Site, by the Terms and Conditions described herein, to shop for personal items and services as listed to be sold on the Site.

The content provided on this Site is solely for informational purposes. Product representations including price, available stock, features, add-ons, and any other details as expressed on this Site are the Bengalic’s responsibility to display and are guaranteed as completely accurate by us.

We grant you a limited license to access and make personal use of this Site, but not to download or modify the Site or any portion of it with a customer account. However, you can access all of these with a Merchant/ Wholesaler/ Reseller account.  This license does include resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another reseller; This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.

You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in immediate cancellation of your account, services, reviews, orders, or any existing incomplete transaction with us, and severe cases may also result in a legal action:

• Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site is available on the Site at all times.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
• Use the Site for illegal purposes.
• Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
• Interfere with another’s utilization and enjoyment of the Site;
• Post, promote, or transmit through the Site any prohibited materials as deemed illegal by The People’s Republic of Bangladesh.

F. YOUR CONDUCT

You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders, or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged, or impaired in any way. You must use the Site for lawful purposes only. You are strictly prohibited from using the site

• For fraudulent purposes, or in connection with a criminal offense or other unlawful activity
• To send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties, or relates to or promotes money laundering or gambling; or is harmful to minors in any way, or impersonates another person; or threatens the unity, integrity, security or sovereignty of Bangladesh or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
• Use the Site for illegal purposes.
• To cause annoyance, inconvenience, or needless anxiety
• For any other purposes that are other than what is intended by us

G. YOUR SUBMISSION

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 and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. 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. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

H. CLAIMS AGAINST OBJECTIONABLE CONTENT

We list thousands of products for sale on the Site and host multiple comments on listings, we always try to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a “claim, review, and takedown” basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred, or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Bangladesh or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“objectionable content”), please notify us immediately by following by writing to us on legal@Bengalic.com.bd. We will make all practical endeavors to investigate and remove valid objectionable content complained about within a reasonable amount of time.

Please ensure to provide your name, address, contact information, and as many relevant details of the claim including the name of the objectionable content, instances of objection, and proof of objection amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes.

I. CLAIMS AGAINST INFRINGING CONTENT

We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us at legal@Bengalic.com.bd and we will make all reasonable efforts to address your concern within a reasonable amount of time. Please ensure to provide your name, address, contact information, and as many relevant details of the claim including the name of infringing party, instances of infringement, and proof of infringement amongst others. Please note that providing incomplete details will render your claim invalid and unusable for legal purposes. In addition, providing false or misleading information may be considered a legal offense and may be followed by legal proceedings.

J. TRADEMARKS AND COPYRIGHTS

Bengalic.com.bd, Bengalic logo, and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to confuse customers, or in any manner that disparages or discredits us.

All intellectual property rights, whether registered or unregistered, in the Site, information contained 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, and all software compilations, underlying source code, and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Bangladeshi copyright laws and international conventions. All rights are reserved.

K. DISCLAIMER

You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Site. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Site. While we have taken precautions to avoid inaccuracies in content, on this Site, all content, information (including the price of products), software, products, services, and related graphics are provided on an as-is basis, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Site. At no time shall any right, title, or interest in the products sold through or displayed on the Site vest with us nor shall Bengalic have any obligations or liabilities in respect of any transactions on the Site.

We shall neither be liable nor responsible for any actions or inactions of any other service provider as listed on our Site which includes but is not limited to payment providers, installment offerings, warranty services amongst others.

L. INDEMNITY

You shall indemnify and hold harmless Bengalic as owned by Bengalic Super Mart Limited, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

M. COMMUNICATING WITH US

When you visit the Site or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call, or by posting notices on the Site, or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us concerning your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.

N. LOSSES

We will not be responsible for any business or personal losses (including but not limited to loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

O. AMENDMENTS TO CONDITIONS OR ALTERATIONS OF SERVICE AND RELATED PROMISE

We reserve the right to make changes to the Site, its policies, these terms and conditions and any other publicly displayed condition or service promise at any time. You will be subject to the policies and terms and conditions in force at the time you used the Site unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

P. EVENTS BEYOND OUR CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any reason which is beyond our reasonable control. This condition does not affect your statutory rights.

Q. WAIVER

You acknowledge and recognize that we are an e-commerce platform and reserve the right to conduct business to achieve our objectives in a manner we deem fit. You also acknowledge that if you breach the conditions stated on our Site and we take no action, we are still entitled to use our rights and remedies in any other situation where you breach these conditions.

R. TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole, and exclusive remedy is to discontinue using the Site.

S. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed by the laws of The People’s Republic of Bangladesh. You agree that the courts, tribunals, and/or quasi-judicial bodies located in Dhaka, Bangladesh shall have exclusive jurisdiction on any dispute arising inside Bangladesh under this Agreement.

T. OUR SOFTWARE

Our software includes any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Site (the “Software”).

You may use the Software solely for purposes of enabling you to use and enjoy our services as permitted by the Terms and Conditions and any related applicable terms as available on the Site. You may not incorporate any portion of the Software into your programs or compile any portion of it in combination with your programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. You may not use the Software for any illegal purpose. We may cease providing you service and we may terminate your right to use the Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of the Terms and Conditions listed here or across the Site.

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software whether in whole or in part or create any derivative works from or of the Software. To keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

3. CONDITIONS OF SALE (BETWEEN BENGALIC AND CUSTOMERS)

Please read these conditions carefully before placing an order for any products on the Site. These conditions signify your agreement to be bound by these conditions.

A. CONDITIONS RELATED TO THE SALE OF THE PRODUCT OR SERVICE

This section deals with conditions relating to the sale of products or services on the Site.

Your order is a legal offer to us to buy the product or service displayed on our Site. When you place an order to purchase a product, any confirmations or status updates received before the dispatch of your order serve purely to validate the order details provided and in no way imply the confirmation of the order itself. The acceptance of your order is considered confirmed when the product is dispatched to you. If your order is dispatched in more than one package, you may receive separate dispatch confirmations. Upon time of placing the order, we indicate an approximate timeline that the processing of your order will take however we cannot guarantee this timeline to be rigorously precise in every instance as we are dependent on third-party service providers to preserve this commitment for outside Dhaka. We commit to you to make every reasonable effort to ensure that the indicative timeline is met. All commercial/contractual terms are offered by and agreed to between you and the Bengalic. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Bengalic retains the right to cancel any order at its sole discretion before dispatch and will ensure that there is a timely intimation to you of such cancellation via email or SMS.

B. RETURNS

Please review our Returns Policy

C. PRICING, AVAILABILITY, AND ORDER PROCESSING

All prices are listed in Bangladeshi Taka (BDT), inclusive of VAT. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may decrease/increase between the time you place it in your basket and the time you purchase it.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. If an item is mispriced, 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 prepayment processed. If such a cancellation occurs on your prepaid order, our policies for refund will apply. Please note that Bengalic possesses 100% right on the refund amount. Usually, the refund amount is calculated based on the customer’s paid price.

1. Refund Voucher

• Refund vouchers can be redeemed on our website, as full or part payment of products from our website within the given timeline.
• Refund vouchers cannot be used from different accounts.
• Vouchers are not replaceable if expired.
• The refund voucher code can be applied only once. After applying it once, if any, the residual amount of the Refund Voucher will not be refunded and cannot be used for the next purchases even if the value of the order is smaller than the remaining voucher value.

2. Promotional Vouchers

• Each issued Promotional voucher (App voucher and new customer voucher) will be valid for use by a customer only once. Multiple usages changing the identity is illegal.
• Both promotional voucher and cart rule discounts may not be added at the same time.
• A promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
• Promotional vouchers may not be valid during the sale or in conjunction with any special promotion.
• The voucher will work only if the minimum purchase amount and other conditions are met.
• Bengalic reserves the right to vary or terminate the operation of any voucher at any time without notice.
• Bengalic shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation, or withdrawal of any Voucher or any failure or inability of a customer to use a voucher for any reason.
• Vouchers are not replaceable if expired.
• No promotional offer can be made for baby nutrition products.

3. Promotional Items

• One customer will be able to purchase one 11tk deal and mystery box during the promotional period.

D. RESELLING BENGALIC PRODUCTS

Reselling Bengalic products for business purposes is encouraged.

E. TAXES

You shall not be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site

F. OTHERS

• Stock availability: The orders are subject to the availability of stock.
• Delivery Timeline: The delivery might take longer than the usual timeframe/line to be followed by Bengalic. Delivery might be delayed due to force majeure event which includes, but are not limited to, political unrest, political event, national/public holidays, etc.
• Cancellation: Bengalic retains the unqualified right to cancel any order at its sole discretion before dispatch and for any reason which may include, but is not limited to, the product being mispriced, out of stock, expired, defective, malfunctioned and containing incorrect information or description arising out of technical or typographical error or for any other reason.

• Refund Timeline: If an order is canceled, the payment against such order shall be refunded within a single (01) working day, but it may take a longer time in exceptional cases.