Terms & Conditions | Data Gate
Welcome to T&C
- This website, datagatebd.com, is operated by us. As a user of this website, referred to as “you/your,” you must acknowledge that any use or transactions made on this website are subject to our terms and conditions.
These terms and conditions include important hyper-linked sections such as Home delivery information, How to use this website, Returns and refunds, and Privacy policy. Additionally, you can find other useful information within our Customer services section.
- –Before using this website, we kindly request you to carefully read through these terms and conditions.
- –It is also advisable to print a copy for future reference.
- –Furthermore, we urge you to review our Privacy policy section, which provides information regarding the handling of your personal information.
T&C Overview
These terms and conditions are subject to change at any time. The updated terms and conditions will be posted on the website, and it is your responsibility to review them each time you use the website. By continuing to use the website, you indicate your acceptance of the latest terms and conditions.
If you are not a consumer, you must have the authority to represent any business that uses this website.
When utilizing specific services offered by datagatebd.com, such as the Gift list service, please refer to the additional information provided for comprehensive instructions on how to use those services.
Some website services require registration, and access to these services will be granted upon approval of a login name and password (“Password Details”). The information you provide on this website must be accurate and complete. We reserve the right to accept or withdraw Password Details at our discretion. These details are exclusive to you, non-transferable, and must be kept confidential at all times.
If you have any concerns about your Password Details or suspect any misuse, please notify us immediately (refer to the Contact Us section for contact information).
Order Processing
To place an order, please refer to the Home delivery information and How to use this website section. All orders made on this website are subject to acceptance based on the terms and conditions provided.
The ‘confirmation’ stage will provide you with the final details of your order. After this, you will receive an order acknowledgement email that outlines the products you have ordered. Please note that this email does not confirm or accept your order from datagatebd.com.
The acceptance of your order and the completion of the contract between you and us will occur when the products you ordered are dispatched to you, unless we have informed you that we cannot accept your order or you have canceled it (please refer to Returns and refunds).
We do not store the details of your order on this website for future access. Therefore, it is advisable to print out these terms and conditions and the order acknowledgement for your personal records. If you need specific details about your previous orders, please contact us.
Delivery Processing
This website exclusively caters to the delivery of products to customers residing in Bangladesh. It is mandatory for all goods to be received and signed for by an adult who is 18 years of age or older upon delivery.
The delivery charges and estimated delivery times are clearly mentioned in the Home delivery information section, as well as during the order placement process. We strive to deliver the goods within the estimated timescales; however, occasional delays may occur due to unforeseen circumstances.
Please note that datagatebd.com cannot be held liable for any delay or failure in delivering the products within the estimated timescales.
The responsibility for any loss or damage to the products is transferred to you either on the date of delivery or on the date of the first attempted delivery made by us.
Payment Processing
We take payment from your card or another way at the time we receive your order, once we have checked your card or another payment details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods.
Additional Terms and Conditions for payments made by bank/payment gateway can be found at bank/payment gateway’s website. (datagatebd.com is not responsible for the content of external websites)
To ensure that your credit, debit, charge card or another way of payment is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected.
All information provided by you will be treated securely and strictly in accordance with the Data Protection Act .
The price you pay is the price displayed on this website at the time we receive your order apart from the following two exceptions:
— For products reserved online for store pick up or any other reservation service the price you pay is the price in store on the day of collection.
— While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
— If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
You have the flexibility to make payment using any method mentioned in the “How to use this website” section. If you require information regarding secure online ordering, please refer to the Security section.
Upon delivery of the products, the title to any items you have ordered from this website will be transferred to you, given that we have successfully processed and received full payment for the products.
The prices displayed on this website are indicated in either $ or TK and already include VAT (where applicable) at the current applicable rates. However, please note that delivery charges are not included in these prices.
Returns, Cancellations and Exchange
Our company provides a 30-day money back guarantee, which can be found in our Returns and refunds section. However, please note that certain products are not eligible for this guarantee. In the unlikely event that you receive faulty or damaged goods, please refer to our Returns and refunds section for further instructions.
Occasionally, the product specifications may change as per the manufacturer’s discretion. In such cases, we will make every effort to offer you a suitable alternative. There might be instances where we encounter supply issues with certain products, and in such situations, we may provide a substitute of equal or superior quality at the same price.
If you are dissatisfied with the replacement or substitute, you have the option to return it within the 30-day money back guarantee period. If applicable, you also have the right to cancel your order in accordance with the Distance Selling Regulations. For more information, please refer to our Returns and refunds page.
While we strive to ensure accuracy, please note that all sizes and measurements provided are approximate. We make every effort to make them as precise as possible.
Liability and Indemnity
The terms and conditions stated herein do not exclude or limit liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law.
With regards to above Section, datagatebd.com will make reasonable efforts to ensure the accuracy of the information on the site. However, datagatebd.com does not make any representation or warranty, whether express or implied, statutory or otherwise, regarding the contents or availability of the site.
Furthermore, datagatebd.com does not guarantee that the site will be timely or error-free, that defects will be corrected, or that the site or the server making it available are free from viruses or bugs. datagatebd.com also does not guarantee the full functionality, accuracy, or reliability of the website. datagatebd.com will not be held responsible or liable for any loss of content or material uploaded or transmitted through the website. Additionally, datagatebd.com accepts no liability of any kind for any loss or damage resulting from actions taken or reliance on material or information contained on the site.
Except as expressly provided in these terms and conditions for specific products and excluding the exclusive remedies outlined in Section above, any indemnities, warranties, terms, and conditions (whether express or implied) are excluded to the maximum extent permitted by applicable law.
Except as stated in above Section , datagatebd.com shall not be held responsible, whether in contract, tort (including negligence), pre-contract or other representations (except for fraudulent or negligent misrepresentations), or otherwise, for any:
- –economic losses (including, but not limited to, loss of revenues, data, profits, contracts, business, or anticipated savings);
- –loss of goodwill or reputation;
- –special or indirect losses;
suffered or incurred by the party in relation to the terms and conditions.
However, subject to above Section datagatebd.com‘s total liability (whether in contract, tort, or otherwise) for loss or damage shall be limited to the amount paid or payable by you for the product(s) in relation to one incident or a series of incidents related to the same clause.
This clause does not affect your legal rights as a consumer, nor does it impact your rights to cancel the contract.
We will take all necessary precautions to ensure the security of your order and payment details. However, unless we are negligent, we cannot be held responsible for any losses resulting from unauthorized access to the information provided by you.
Miscellaneous Provisions
The contract between us will be governed by the laws of Bangladesh, and any disputes will be exclusively resolved in the courts of Bangladesh. We offer the option to conclude the contract in both English and Bangla languages.
Our products have been selected for domestic use only. If you intend to use them for business purposes, please ensure that you have the appropriate insurance coverage. In the event that you decide to use the products for business purposes, we exclude (to the fullest extent permitted by law) any warranties and conditions related to fitness for a specific purpose.
Our maximum liability to business users, except in cases of death or personal injury caused by our negligence or fraud, shall be limited to the replacement value of the specific product in question. We do not accept liability for the fitness of goods for business purposes, nor do we accept liability for any loss beyond the cost of the item in the event of a claim for breach of warranty or condition.
datagatebd.com will not be held liable for any delay or failure to deliver products or fulfill any obligations specified in these terms and conditions if such delay or failure is wholly or partially caused, directly or indirectly, by circumstances beyond our reasonable control.
In order to enhance the value we offer to our customers, we may include links to other websites or resources for you to access at your own discretion. It is important to acknowledge and agree that by choosing to visit the linked website, we are not accountable for the availability of such external sites or resources.
We do not review or endorse them, and we are not responsible or liable, directly or indirectly, for (i) the privacy practices of these websites, (ii) the content of these websites, including any advertising, content, products, goods, or other materials or services available on or from these websites or resources, or (iii) how others utilize these websites or resources.
Furthermore, we are not responsible for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods, or other materials or services available on these external websites or resources.
Unless agreed upon in writing by datagatebd.com, you are not permitted to assign or subcontract any of your rights or obligations under these terms and conditions or any related product order to a third party.
Datagatebd.com retains the right to transfer, assign, novate, or subcontract the benefits of all or part of its rights or obligations under these terms and conditions or any related contract to a third party.
If any competent authority deems any portion of these terms and conditions to be invalid or unenforceable, either in whole or in part, it shall not affect the validity or enforceability of the other sections of these terms and conditions.
These terms and conditions do not grant any rights or benefits to any person who is not a party to the agreement, except for the following:
— The datagatebd.com (as defined below) has the authority to enforce any rights or benefits stated in these terms and conditions.
— The datagatebd.com has the authority to enforce and benefit from any limitations or exclusions of liability mentioned in these terms and conditions.
— A person who is a permitted successor or assignee, as mentioned in Section 8.8 above, may enforce the rights or benefits stated in these terms and conditions.
— The parties are not required to obtain consent from the individuals referred to in Section 8.9 in order to modify or cancel these terms and conditions, regardless of whether it affects the rights or benefits of such third parties.
Any delay or failure by datagatebd.com to exercise its powers, rights, or remedies under these terms and conditions will not be considered a waiver, nor will any partial exercise of such powers, rights, or remedies prevent any future exercise of them. Any waiver must be in writing and signed by an authorized representative of datagatebd.com to be effective.
This website’s usage is governed by this comprehensive agreement and understanding between you and datagatebd.com, which supersedes any prior representations, understandings, and agreements.
The terms and conditions mentioned here, along with the referenced documents or other sources, override any previous agreements between you and datagatebd.com regarding the utilization of this website (including product orders).