TERMS AND CONDITIONS OF SALE AND USE FOR ONLINE MARKETPLACE

OVERVIEW

NirbiX (Pvt) Limited (PV00219507) whose registered office is at No. 38, Level 1, Madiwela Road, Nugegoda 10250 (hereinafter referred to as “us”, “we” or “our”) owns and operates the website at www.taplow.lk (the “Website”) and the mobile application (the “App”) commonly known as “taplow” (together the “Platform”) through which it operates an online marketplace to sell a variety of products on its own account and/or products offered for sale by vendors with whom it has partnered (the “Products”).

Any information, tools and services available from the Platform by any user (hereinafter referred to as “you” or “your”) are subject to these Terms and Conditions of Use and Sale (the Terms”). Please read them carefully and make sure that you understand them, before using the Platform and ordering any Products.

By visiting and/or ordering Products through our Platform you agree to be bound by the Terms and any other policies and notices stated on the Website and/or the App.

If you do not agree to the Terms, as amended from time to time, in whole or in part, you must not access or use any part of the Platform. We reserve the right to amend, change, update or replace any part of these Terms by posting updates and/or changes on our Website or App. It is your responsibility to check periodically for changes.

These Terms were updated as of 1^st January 2023. 

GENERAL CONDITIONS

This Platform is not intended for use by individuals under the age of 18, in order to use the Platform to purchase products you must be 18 years or older.

We reserve the right to refuse service to anyone for any reason at any time. 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.

TERMS OF SALE

PRODUCT INFORMATION

All Products shown on the Platform are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will refund any amounts paid for the unavailable Product in accordance with the method of purchase used when ordering the Product.

The images of the Products on the Platform are for illustrative purposes only. We have made every effort to display as accurately as possible the Products that appear on the Platform. However, your Products may vary slightly from the images on the Platform.

PLACING AN ORDER

You can place an order for Products by browsing the Platform, adding an item/items to add to your cart and checkout to complete your order.

To checkout you can either open an “Account” with us or you can use our “Guest Checkout”. If opening an Account with us, you will be required to provide us with some compulsory personal information.

You confirm that all personal information provided to us by you is accurate, true to your knowledge, and kept up to date. You can, at any time, update or correct your details by logging in to your Account.

You are responsible for keeping your password and Account information confidential. We shall not be liable for any loss or damage, which may arise from unauthorized use of your Account. Should you become aware of or suspect any unauthorised use of your Account, please contact us.

If you use our Guest Checkout we will retain your personal information in order to process your order.

Completion of checkout online does not constitute our acceptance of your order from us. You will be notified by email as soon as possible with confirmation that we are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch of the Products is confirmed.

ORDER CANCELLATION 

You may normally cancel your order on the same day on which it was made provided that the Products have not been dispatched for delivery.

If you do cancel the order within this time, any payments made by you will be refunded in full via the same method used for payment, subject to determination by the management on wheher a refund can be processed based on the particular circumstance. If you do not cancel within this time, your cancellation will be deemed to be a return or exchange of the Products and the terms related to Returns and Exchange below shall apply.

Please inform us of any order cancellation by following the cancellation instructions on the Platform, calling our customer service hotline (+94) 11 2866 999 during operating hours or sending us an email to [email protected] Please provide the relevant order number to expedite this process.

DELIVERY 

DELIVERY LOCATION

Products offered on our Platform are available for delivery to addresses in Sri Lanka.

Deliveries will not be made to addresses comprising of P.O. box numbers.

DELIVERY TIME

We make every effort to deliver all products in accordance with the timescales indicated on the Platform.

Date of delivery may vary due to carrier shipping practices, delivery location, method of delivery, and the items ordered. Products may also be delivered in separate shipments.

Peak/holiday seasons or promotions or special events may result in delays in processing and dispatching orders.

Your order will be fulfilled by the estimated delivery timeframe set out on the Platform, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us.

DELIVERY COST

Delivery costs vary based on your delivery location or value of Products being delivered. Delivery costs shall be indicated on the Platform in respect of each order you place.

RETURNS AND EXCHANGES

Provisions related to returns and exchanges are listed as the following.

• Products cannot be returned or exchanged unless due to a genuine/valid reason. Change of mind is not considered a valid reason for product return/exchange.  It is noted that management reserves the right to determine the final outcome and if a return/exchange based on the particular circumstance.
• Valid reasons for returns/exchanges are products being defective, damaged, expired, incorrect specification (size etc.) or not matching the product displayed in the platform.
• Request for returns/exchanges must be made within 3 days of receipt of product by calling our customer service hotline (+94) 11 2866 999 during operating hours or sending us an email to [email protected] Please provide the relevant order number to expedite this process.
• In respect of exchanges Products can be exchanged for a Product for the value of the return or any Product which is more in value and if so you will have to pay for the difference in price.
• In the event you are eligible for returns and/or exchanges, you must return such Products by arranging a courier at your expense within 7 days of receipt of product.
• It is noted that manufacturer’s terms and conditions should be accounted for when returning Products and compliance with the manufacturer’s packaging requirements and timeframes for returns should be followed. If compliance is not met, it may result in the return/exchange claim being rejected.
• All Products being returned or exchanged must be unused and in the same condition it was delivered to you. More specifically, clothing items and accessories must be unworn, unwashed and with the tags attached. All Products are subject to inspection and we will notify you of the approval or rejection of your return and/or exchange of a Product.
• The following Products cannot be returned/exchanged: swimwear, underwear, intimate items, sanitory items, stockings, socks, caps, hats, earrings, jewelry, perishable items, flowers, cakes, custom made Products to customer requirements (custom cakes etc.) and cosmetics.
• Delivery costs are not refunded. In addition, there may be a pick-up charge for collection of the Products being returned/exchanged and a further charge to deliver the replacement Product in the event of any exchange. These charges may be waived at our or the vendors discretion or as indicated on the Platform for the particular Product.
• You are responsible for taking reasonable care in packing Products for returns/exchanges in order to prevent damage while such products are being transported back to us.
• We allow only one-time return/exchange per order.
• Exchanges may take up to 7 business days to process.
• Discount offers can only be applied for fresh orders placed during the offer period. The offers are not valid for exchange orders.
• We will process the refund due to you as soon as possible and, in any case, within thirty (30) calendar days of the day on which you gave us notice of return. 

PRODUCT WARRANTIES

• If you have purchased a Product with a manufacture’s or vendors warranty, it is the responsibility of the customer to ensure the warranty card has been received. If the warranty card has not been received please inform us within 24 hours by calling our customer service hotline (+94) 11 2866 999 during operating hours or sending us an email to [email protected]. Please provide the relevant order number.
• Warranty claims will be void without the presentation of a warranty card and we will be devoid of any responsibility for the warranty claim.
• Customers are to ensure compliance with the conditions of the warranty have been maintained and the warranty claim does not form part of an exclusion items/circumstance specified in the warranty document.

RISK AND TITLE

Products will be at your risk and ownership of the Products will pass to you from the time they are delivered.

PRICE AND PAYMENT 

You can only pay for Products by using one of the credit cards listed on our site or by paying cash for the Products on delivery.

For payments by credit card, we use a third-party payment processor (the “Payment Processor”) to whom you submit your payment details directly. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for error by the Payment Processor. As we are not responsible for the operation of the Payment Processor we will not be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via the link to the Payment Processor.

All prices on the Platform are reflected in Sri Lankan Rupees but exclude delivery costs, which will be added to the total amount.

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment.

Despite our best efforts, occasionally there may be information on our Platform that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel orders if any information on the Platform is inaccurate at any time without prior notice.

LIABILITY

In the event of any problem with the Products that you have purchased through the Platform, you agree that your sole remedy, if any, is to return or exchange the product in accordance with returns and exchanges provisions for the Product on this Platform.

If, despite the limitations above, we are found liable for any damage or loss when you order Products from the Platform, to the maximum extent permitted by the applicable law, our aggregate liability to you for any loss or damage arising in connection with these Terms of Sale shall be limited in respect of each claim, to the purchase price of your order.

We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Subject to any specific warranties offered in relation to specific Products on the Platform or those implied by law, we do not offer any guarantees or warranties in relation to the Product(s).

LISTING RELATED INTELLECTUAL PROPERTY 

We sell a variety of Products from multiple sources and vendors and handle a large volume of transactions daily. We are not able to and do not verify in advance if vendors with whom we have partnered have the right to sell the Products offered through the Platform. Vendors have been made aware that they should not use product brand names unless they are authorized to sell Products bearing such branding and vendors bear sole liability of responsibility for any failure to adhere to this.

EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract that is caused by events outside our reasonable control (“Event Outside Our Control”).

An Event Outside Our Control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) strikes, lock-outs or other industrial action; (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of public or private telecommunications networks; (f) the acts, decrees, legislation, regulations or restrictions of any government; and (g) pandemic or epidemic.

Our performance of any obligation is deemed to be suspended for the period that the Event Outside Our Control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Event Outside Our Control to a close or to find a solution by which our obligations may be performed despite the Event Outside Our Control.

TERMS OF USE OF THE WEBSITE AND APP

ACCESSING OUR WEBSITE AND APP

Access to our Website and App is permitted on a temporary basis, and we reserve the right to withdraw, deny access to or modify the service we provide on our Platform without notice. We will not be liable if, for any reason, our Platform is unavailable at any time or for any period.

From time to time, we may restrict access to some parts or the whole of our Website or App to users who have registered with us.

You are responsible for making all arrangements necessary for you to have access to our Platform. You are also responsible for ensuring that all persons who access our Platform through your internet connection are aware of these terms, and that they comply with them.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, the App, or any content on the Platform, without express written permission by us.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Platform shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

Unless otherwise noted, all content included on this Platform, including images, illustrations, designs, icons, photographs, video clips and written and other materials is our property and is protected by Sri Lankan and international copyright laws. The compilation of this Platform is our exclusive property and is protected by Sri Lankan and international copyright laws.

All trademarks, service marks and trade names (collectively the “Marks”) that appear on this Platform are owned by or licensed to us. You may not display, reproduce, remove or modify the Marks in any manner without our prior written consent.

You agree that by posting content on our Platform or social media channels, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed. Further, by submitting content you represent and warrant to us that (a) you are at least 18 years of age and competent to contract (b) you are the sole owner of the content (c) that our use of the content will not violate the rights of any third party, including, but not limited to copyright rights (d) that your submissions do not contain any confidential information (e) that your submissions does not contain any unsolicited advertisements, promotions etc; and (f) that you will defend and hold us harmless from any and all claims arising therefrom. By submitting content you waive any right to inspect or approve of such uses and agree to hold us harmless from any and all claims you, your heirs, executors or assigns may at any time have against us on account of the granting of the license or arising out of our use of the content.

OUR LIABILITY

The material displayed on our Platform is provided without any guarantees as to its accuracy. To the extent allowed by law, we, other members of our group of companies and third parties connected to us exclude:

all representations, warranties, conditions and terms, whether express or implied;

liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these terms and conditions or your use of the Platform.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR PLATFORM

We process information about you in accordance with our Privacy Policy.

VIRUSES, HACKING AND OTHER OFFENCES

We make every effort to ensure that this Platform is free from viruses or defects. However, we cannot guarantee that your use of this Platform or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to you in order to use the Platform and screen out anything that may damage it.

You must not misuse our Platform by knowingly introducing anything, which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. 

JURISDICTION AND APPLICABLE LAW

The courts of the Democratic Socialist Republic of Sri Lanka will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our Platform although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka.