Kozymall Terms & Conditions:
Website Terms & Conditions
Terms and Conditions:
Kozymall.com (THE ‘WEBSITE’) IS AN ONLINE SERVICE OWNED AND OPERATED BY kozymall.com. PLEASE READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE, YOU AGREE THAT YOUR VISIT TO AND USE OF THE WEBSITE AND YOUR PURCHASE OF GOODS SHALL BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
A. CONDITIONS GOVERNING USE OF WEBSITE
- USER AGREEMENT If you do not agree with any of the following terms and conditions (“Terms and Conditions” or “Agreement”), you must not use the Website. Your use of the Website is governed by the following Terms and Conditions.
- AMENDMENTS TO TERMS & CONDITIONS BY Kozymall.com may make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by such changes. We are not obliged to notify you personally of any changes and such changes will apply when posted on the website in respect of all orders submitted after such posting. You should check our published agreement and policies from time to time to acquaint yourself with the current version.
3.1 In order to have access to products and the ability to purchase products via Kozymall.com you must first create a registered account on the Website (‘Account’). Creating an Account will enable you to:
(a) receive information and email communications from Kozymall.com relating to products;
(b) make an order to purchase a product;
(c) change your preferences, including with respect to your preferred email address, geographic location, credit card details and passwords;
(d) view, otherwise receive and print receipts of products you have purchased; and
(e) view past products you have purchased.
3.2 When registering an Account, you agree to provide accurate and complete information about yourself and to keep this information up-to-date.
3.3 Kozymall.com reserves the right to refuse registration of an Account (or to close an existing Account) where we have reasonable grounds to believe:
(a) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner;
(b) you have breached these Terms & Conditions of Use;
(c) refusal of registration of an Account or the closure of an existing Account to be necessary to comply with any requirements of the law; or
(d) you have an existing Account.
3.4 You are solely responsible for any activity that occurs on your Account and for keeping your Account login and password secure and Kozymall.com will have no liability for any loss or damage of any nature whatsoever arising from any misuse of your login or password by you or another person.
- UNAUTHORISED USE OF THE WEBSITE
4.1 You agree to use this Website only for purposes that are permitted by:
(a) these Terms & Conditions of Use; and
(b) any applicable laws or regulations.
4.2 You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website.
4.3 You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from Kozymall.com (‘Content’) except as permitted by these Terms & Conditions of Use, by law or with the prior written consent of Kozymall.com
4.4 Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions of Use. You understand and agree that Kozymall.com may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
- WEBSITE INFORMATION
5.1 Any information that is published on the Website about particular goods and services is based on material supplied to Kozymall.com by Merchants and other third parties and Kozymall.com cannot warrant and does not represent that information supplied by Merchants or other third parties is accurate or correct. You agree that Kozymall.com will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from Merchants and other third parties.
5.2 You agree that you are responsible for:
(a) making your own enquiries to verify information that is published on the Website about particular goods and services; and
(b) assessing the suitability of goods and services prior to you placing an order for a Product for a Deal relating to those goods or services.
5A. DIRECT IMPORT GOODS are products which are sourced directly from outside Australia and which are available through this web site. Direct Import Goods will be labelled clearly so the buyer understands that these products are coming directly from an overseas source. 5A1 Direct Import Goods are sold to you by the Supplier and the risk of ownership and title in the goods passes to you from the time the item is dispatched from the Supplier’s warehouse. 5A2 You agree and acknowledge that you will be recorded as the importer of the goods and that you are the responsible party for any Taxes associated with the importation of Direct Import Goods.5A3 You acknowledge and agree that neither we or the Supplier are liable for any loss, damage, cost or expense that you incur as a result of your obligation to act as the importer of record for the Direct Import Goods. 5A4 You acknowledge and agree that delivery of your order is subject to satisfactory inspection and clearance of Direct Import Goods by customs authorities in Australia and any other relevant jurisdiction.5A5 You acknowledge and agree that it is your responsibility to obtain any permits for, or make any modifications to, the Direct Import Goods so as to enable them to be lawfully imported into or used within your jurisdiction which includes, where applicable, compliance with Australian standards or laws in relation to the importation of such goods. 5A6 You acknowledge and agree that the Supplier offers all statutory guarantees (and warranties if any) in relation to Direct Import Goods and any after sales support provided by us is done so on behalf of the Supplier and is provided otherwise in accordance with this Agreement.
B. USER AGREEMENT GOVERNING PURCHASES OF kozymal.com PRODUCTS OR SERVICES
- LEGAL CAPACITY By making an on-line purchase you accept these terms and conditions and acknowledge that you: Are over eighteen (18) years of age, and are entering into a legal contract with kozymal.com. Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such loss or damage from the minor’s parents or guardians who caused or permitted the order to be placed.
- PLACING ORDERS :
2.1 Products and services displayed on the Website do not constitute an offer to sell. Such display is an invitation to treat only. Orders placed by you are your offers to purchase particular products or services under these terms and conditions at the price specified (including delivery and other charges). We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product or service, an error in the price or description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received. You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% of the payment, or $25 (whichever is lower) applies. Please contact us through the Help Centre at email@example.com or firstname.lastname@example.org.
2.2 Changing an order after payment cannot be done once it has been processed through the secure payment gateway. You cannot add any items to this order after it is processed and charges cannot be manually added
2.3 If there is something incorrect with your order address you must email email@example.com or firstname.lastname@example.org immediately. Missing orders sent to incorrect addresses at the fault of the Buyer will not be refunded by Kozymall.com.
2A. If Your nominated payment method triggers our fraud prevention protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your order has passed our fraud prevention protocols your order will not be fulfilled. If you do not provide the requested information within up to 7 days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.
- PRICE: The prices of products and services, delivery and other charges shown are in Australian dollars or BDT and include GST where applicable. Prices are current at time of display but are subject to change, although no change will apply to an accepted order.
- PAYMENT: Payment section of the website is for payment options. If your payment is not received or is declined by your bank or credit card issuer, we cannot hold any product against your order.
5.1 Supply of product subject to this agreement, we will supply to you the products or services shown on your order confirmation. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the About Us section of the website for delivery options and details and pricing. We do not allow personal pick up
5.2 Kozymall.com endeavours to deliver the exact order as confirmed on the customer receipt. However, kozymall.com acknowledges that at times products are missed and therefore not packed into orders; that incorrect product’s are sometimes mistakenly packed by warehouse staff; that order’s may be lost in transit by a third party freight company; that order’s may go missing upon delivery for reasons unknown. Should any of the aforementioned scenarios happen, kozymall.com will ONLY refund or credit the missing products, or order, to their exact amount. Kozymall.com WILL NOT resend the missing items/order.
5.3 In the event that you have a supply related issue with your recent order, we require notification within 7 days of receipt of the order to ensure we can adequately resolve your issue. Notifications about supply issues outside of this 7 day timeframe will no longer be accessible by our customer service team.
5A. MISSING IN TRANSIT If your order does not arrive within the designated Shipping Period of time, Kozymall.com requires a customer to lodge an official enquiry with our customer service team within 30 days from date of invoice. Any enquiries made after this 30 day period will not be accepted due to our freight companies no longer accepting missing order investigations past this designated time period.
- DELIVERIES AND FREIGHT CHARGES:
Kozymall.com applies a FLAT RATE shipping cost per region. For more information about shipping please read out shipping policy.
6.1 Public holidays – We deliver every day the courier service is operating. As couriers do not work on public holidays, please be prepared for delays, particularly around Christmas, New Year and Easter
6.2 Kozymall.com reserves the right to use multiple freight carriers to send out orders. Kozymall.com will choose with absolute discretion which freight courier to employ for
6.3 Delivery can take between 3 – 14 Business days. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met. Please read the About Us section of the website for further information on delivery options and details.
6A. INTERNATIONAL DELIVERIES kozymall.com l offers shipping to USA, CANADA, and UK. This service is carried out by Australia Post in conjunction with some other Postal Service. For international shipping price please read our shipping policy. Also, please email our customer service team for all other International enquiries.
6B. AUTHORITY TO LEAVE kozymall.com offers customers the option to elect to have their package left at the desired location by a freight company, without a signature being required. kozymall.com does not recommend this option, however, notes that it is often more convenient for customers to have this available choice. If a customer provides authority to leave their order without a signature, the customer acknowledges and accepts that kozymall.com is no longer liable for any damage, theft, or unforeseen issues that occur to the package. kozymall.com will not provide any form of refund for an order that is not received after Authority To Leave is provided. If a customer requests a Safe Drop from courier service, kozymall.com can no longer be held liable should the order go missing in transit.
- CHANGE OF ADDRESS If after placing an order a customer privately contacts the courier service to request a change of delivery address or a redirection, kozymall.com is no longer liable for the order in the event that the order becomes lost in transit. Kozymall.com recommends that all customers do not seek a change of address for an order already in transit. For more information, please read our Shipping Policy.
- Return policy: As we source our items from overseas only when customers confirm the order hence, there is no refund unless the product is damaged.
- RETURN TO SENDER If your order has been sent out and remains unclaimed for two (2) weeks, our courier service returns these articles to kozymall.com at a cost to kozymall.com. In such instances, kozymall.com will not resend any article, unless the Customer agrees to pay another shipping fee plus return postage cost and restocking fee for its return.
- PARALLEL IMPORTS Although some of our products are bought from local companies, and we also do import the majority of the items from overseas. While these products are 100% genuine they are not sold to us via the local distributor or agent of those brands. As these items originate from outside of Bangladesh and Australia, their packaging, ingredients and size may vary from the same or similar product available in Bangladesh and Australia. We will always note in the product description when a product is a parallel import, and will supply the requisite English instructions in those instances.
- ADVERSE REACTION TO A PRODUCT kozymall.com sells cosmetic, skincare, haircare, apparel items, Bags, Watches, Shoes and other beauty items. kozymall.com does not endorse the claims made by these products, and suggests that all warnings and instructions are adhered to by the user. Some chemicals can cause adverse reactions in individuals, including skin irritations, hair colour changes, and allergies. kozymall.com can not be held responsible for any adverse or undesired results from use of these products. If you do suffer from an untoward outcome after using a product, please contact our help team as well as the brand owner. If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor’s doctor.
C. GENERAL TERMS
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 or cancel the service at any time, without notice to you. 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 kozymall.com, our directors, 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.
INDEMNITY as is precluded by law, INDEMNITY As is precluded by law, you agree that you will at all times indemnify, and keep indemnified, kozymall.com and its Affiliates and their respective employees, officers, agents, and contractors from and against any loss (including legal costs and expenses on a full indemnity basis) and/or liability incurred or suffered by you or by kozymall or any third party, arising from any claim, demand, suit, action or proceeding by any person against you or kozymall, or by you against kozymall, where such loss or liability arose out of, in connection with or in respect of your use of the Website or purchase of any goods through the Website, including without limitation, any loss or damage arising from: (a) any disruptions to this Website; or (b)any interference with or damage to your computer systems.
INTELLECTUAL PROPERTY kozymall.com reserves all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in this agreement gives you a right to use any of our or any third party’s marketing material, business names, trademarks, logos, domain names, or other distinctive brand features. You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. As cannot be precluded by law, you may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content, or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services
WAIVER AND ESTOPPEL If kozymall.com does not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision or an estoppel of our exercise of our rights in or arising from this agreement. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us
OUR RELATIONSHIP Nothing in these Terms & Conditions creates a partnership, employment relationship or agency relationship between you and kozymall.com.
DELAYS kozymall.com will not be liable for any delay in fulfilling its obligations under these Terms & Conditions, including any delay in dealing with your order and/or delivering your ordered goods, if such delay is due to any cause, event, or circumstance outside of kozymall.com ’s control.
UNENFORCEABLE TERMS You agree that if any provision of these Terms & Conditions is held in any jurisdiction to be illegal, void, or unenforceable, you will join with kozymall.com to apply that the provision be, if possible, amended or read down so that it is enforceable and, if this is not possible, then the provision is to be severed and the remainder of these Terms & Conditions are to remain in full force and effect.
GOVERNING LAW -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 House: kozymall.com
SHIPPING: By agreeing to kozymall.com Terms & Conditions you have agreed that you have read and understood the shipping costs and time frames, which are listed in the ‘About Us’ tab on www.kozymall.com.
CHANGES TO 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, 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.
Questions about the Terms of Service should be sent to us at email@example.com.