Welcome to MaxVasi.lk also hereby referred as “we”, “us” or “MaxVasi”. This website is an online marketplace and these are the terms and conditions governing your access and use of MaxVasI 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. This Site is owned and operated by ……………..(Private) Limited (PV: …..) hereinafter referred to as “Macksons”.
Macksons 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.
THE CONTRACT
Your order is a legal offer 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 prior to the dispatch of your order serves purely to validate the order details provided and in no way implies 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. 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 by you including but without limitation to 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. MaxVasi retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email or sms. Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames stipulated.
You confirm that the product(s) or service(s) ordered by you are purchased for your internal / personal consumption and not for commercial re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose for your orders on the Site. The Seller or the Site may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller or ours and may vary from individual to individual.
You may cancel your order at no cost any time before the item is dispatched to you.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
METHOD OF DELIVERY
1. A fixed delivery charge of Rs. 350 and above, will be added to the total bill with effect from 1st June 2020.
2. Same day delivery is available for Selected Products and Selected Locations only. Kindly note that the cut off time for placing same day delivery orders is 10 am. On the respective day of delivery & a fee of Rs.400/- will be charged as the delivery cost.
3. Goods will only be delivered to the locations within the territory of Colombo/ Western Province.
4. Estimated delivery Period shall be within 3-5 working Days
5. Delivery of the items will be based on the availability of the item you have ordered and the delivery location.
6. Delivery period provided in our site will neither form a condition nor a warranty on the delivery period.
PAYMENT METHODS
1. We accept payments via Visa, Master or AMEX.
2. VISA and Master Payment options are provided through HSBC Global Pay
3. AMEX payment option is provided through Nations Trust Bank
4. At the time of payment, you will be directed to the respective payment gateway which is secured with encryption connection of the respective bank.
5. Once the payment is made you will be re-directed back to MaxVasi.lk
6. For any further clarification is required about the safety on the online payment contact relevant credit card customer center.
7. In case of a payment failure, please retry ensuring:
· Information passed on to payment gateway is accurate i.e.: account details, billing address, password (for net banking)
· Your Internet connection is not disrupted in the process
· Verify with the Bank whether your card has sufficient funds to make the necessary payments.
8. Once payment has been made you will received an email confirming the item you have purchased with your order details which include the order confirmation number
9. Before the item you have purchased is dispatched to you we will reconfirm the address provided by you by contacting you or through an email.
CANCELLATION OF AN ORDER
1. Cancellation of an order by MaxVasi could be done due to the unavailability of an item, due to incorrect product being advertised or wrong price being advertised.
2. Once payment is made your order can be cancelled by you only if it’s 2 working days prior to the delivery date.
3. Cancellation of an order will happen when there are no stocks available on the respective product and the Customer Care will inform you in such instances and arrange a refund or a replacement.
EXCHANGE AND REFUND POLICY
Should you wish to return anything bought from us online, we will be happy to exchange a product provided it is in fully resalable condition. Returns should be made within a reasonable time (usually 30 days) and in original, undamaged packaging along with the invoice. If we find that the product has not been returned to us in fully resalable condition, we reserve the right to refuse the exchange.
1. Following requirements need to be fulfilled for accepting an item in exchange.
· Item need be returned within 30 days from the date of sale along with the original bill / invoice.
· Item returned must in its original fully resalable condition, with all the tags & packaging (if any). (Price tags, Wash tags, Brand labels, etc.)
· Item return need to be with the original condition and has not been used, damaged or washed.
2. No cash/cheque refunds are made under any circumstance.
3. If any item needs to be exchanged, customer needs to refer the bill & contact the invoiced outlet. Outlet staff will inform the customer the location where the customer can return the product.
4. The selling price of an Item sold based on an online promotion will be based on the promotional price in exchange.
5. A credit note is issued to the value of the original invoice that will be valued 14 days from the date of return.
6. If the item sold has any technical or product defect, a courier will be arranged by the company to pick up the item & cost will be borne by the company.
7. Non-Exchangeable Items
The goods outlined below can’t be returned or exchanged after purchasing
(Please include a list if any)
PRIVACY
The personal information / data provided to us by you or your use of the Site will be treated as strictly confidential, in accordance with Privacy and applicable laws and regulations. If you object to your information being transferred or used in the manner, please do not use the Site.
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 the sellers on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site
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 understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and 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, Nor to cause annoyance, inconvenience or needless anxiety, nor for any other purposes that is other than what is intended by us.
TRADEMARKS AND COPY RIGHTS
MaxVasi.lk, MaxVasi logo, and other marks of the Macksons group as 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 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 cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
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, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright, trade mark, service mark, patent or other proprietary rights and laws as under applicable laws and international conventions. All rights are reserved.
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 with respect to your use of the website (and/or placement of your order) and agree to treat all modes of communication with the same importance.
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
GOVERNING LAW AND JURISDICATION
These terms and conditions are governed by and construed in accordance with the laws of The Democratic Socialist Republic of Sri Lanka. You agree, as we do, to submit to the exclusive jurisdiction of the courts, of Sri Lanka having jurisdiction over the place on which our Registered Office is situated at the time of institution of legal proceedings.
REPRESENTATIONS AND WARRANTIES
We do not make any representation or warranty as to specifics (such as quality, value, salability, etc) of the products or services listed to be sold on the Site when products or services are sold by third parties. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.
We are not responsible for any non-performance or breach of any contract entered into between you and the sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site.
We do not at any point of time during any transaction as entered into by you with a third party on our Site, gain title to or have any rights or claims over the products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Pricing on any product(s) or related information as reflected on the Site may due to some technical issue, typographical error or other reason by incorrect as published and as a result you accept that in such conditions the seller or the Site may cancel your order without prior notice or any liability arising as a result. Any prepayments made for such orders will be refunded to you per our refund policy as stipulated.