1. INTRODUCTION

 

Greetings from tvsabl.com.bd also hereby known as “we”, “us” or “TVS AB”. This is an online marketplace and these are the terms and conditions governing your access and use of TVS AB 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 TVS Auto Bangladesh Ltd, a company incorporated under the Companies Act, 1994, (Registration Number: 117773/14).

 

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. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.

2. CONDITIONS OF USE
3. 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 by reason 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. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.

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. For pieces of information you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.

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, in accordance with 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 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.

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.

1. 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.

 

F. 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.

 

G. 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.

 

H. 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 cause which is beyond our reasonable control. This condition does not affect your statutory rights.

I. WAIVER

You acknowledge and recognize that we are a private commercial enterprise 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.

 

J. 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 to 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.

 

K. GOVERNING LAW AND JURISDICTION

These terms and conditions are governed by and construed in accordance with 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 the exclusive jurisdiction on any dispute arising inside Bangladesh under this Agreement.

L. CONTACT US

You may reach us here

 

M. 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 own programs or compile any portion of it in combination with your own 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. Additional third party terms contained within the Site or distributed as such that are specifically identified in related documentation may apply and will govern the use of such software in the event of a conflict with these Terms and Conditions. All software used in any of our services is our property and/or our affiliates or its software suppliers and protected by the laws of Bangladesh including but not limited to any other applicable copyright laws.

When you use the Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to separate policies, terms of use, and fees of these third parties.

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.

In order to keep the Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

 

N. RETURNS

Please review our Returns Policy here.

 

O. PRICING, AVAILABILITY AND ORDER PROCESSING

All prices are listed in Bangladeshi Taka (BDT) and are inclusive of VAT and are listed on the Site. 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 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. In the event that an item is mispriced, we may, at our own 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 TVS AB possess 100% right on the refund amount. Usually refund amount is calculated based on the customer paid price after deducting any sort of discount and shipping fee.

We list availability information for products listed on the Site, including on each product information page. Beyond what we say on that page or otherwise on the Site, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail or sms if any products you order turn out to be unavailable.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence, or banking information check. The absence of an answer following such an inquiry will automatically cause the cancellation of the order within a reasonable timeline. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of banking instruments or other reasons without prior notice or any subsequent legal liability.

Refund Voucher

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

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 discount may not be added at the same time.
• Promotional voucher is non-refundable and cannot be exchanged for cash in part or full and is valid for a single transaction only.
• Promotional voucher may not be valid during sale or in conjunction with any special promotion.
• Voucher will work only if minimum purchase amount and other conditions are met.
• TVS AB reserves the right to vary or terminate the operation of any voucher at any time without notice.
• TVS AB 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.

Security and Fraud

• When you use a voucher, you warrant to TVS AB that you are the duly authorized recipient of the voucher and that you are using it in good faith.
• If you redeem, attempt to redeem or encourage the redemption of voucher to obtain discounts to which you are not entitled you may be committing a civil or criminal offence
• If we reasonably believe that any voucher is being used unlawfully or illegally we may reject or cancel any voucher/order and you agree that you will have no claim against us in respect of any rejection or cancellation. TVS AB reserves the right to take any further action it deems appropriate in such instances

P. RESELLING TVS AB PRODUCTS

Reselling TVS AB products for business purpose is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.

 

GU TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any and all applicable taxes as per prevailing law.

 

V. REPRESENTATIONS AND WARRANTIES

Our responsibility limits to the terms and condition written in the “Warranty and service information handbook” of TVS Auto Bangladesh Ltd. And TVS Motor Company India. For any non-performance or breach of any contract mentioned in the handbook, we will take responsibility and manage this as per procedure and timeline mentioned there.

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 here.

W. OTHERS

• Stock availability:The orders are subject to availability of stock.

 

• Delivery Timeline: The product will be delivered to you within 5-7 working days.
  Delivery might be delayed due to force majeure event which includes, but not limited to, political unrest, political event, national/public holidays, etc

 

• Cancellation:TVS AB retains unqualified right to cancel any order at its sole discretion prior to dispatch and for any reason which may include, but 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 any order is canceled, the payment against such order shall be refunded within 10 working days, but it may take longer time in exceptional cases. Provided that received cash back amount, if any, will be adjusted with the refund amount.

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/ person. 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. Please review our Refund Policy here.

Returns Policy –

If your product is damaged, defective, incorrect or incomplete at the time of delivery, please file a return request on the app or website within 7 days of the delivery date.

1. For device related issues after usage or the expiration of the return window, seller warranty or brand warranty could be given.

Conditions for Returns

1. The product must be unused, unworn, unwashed and without any flaws.
2. The product must include the original tags, user manual, warranty cards, freebies and accessories

 

3. The product must be returned in the original and undamaged manufacturer packaging / box.

NOTE: It is important to print out and paste the return label on your return parcel to avoid any inconvenience/delay in process of your return.

 

Not eligible for return if the item is “No longer needed”

Issuance of Refunds

If your product is eligible for a refund, you can choose your preferred refund method based on the table below. The shipping fee is refunded along with the amount paid for your returned product.

The time required to complete a refund depends on the refund method you have selected. Once we have received your product (6 working days) and it has undergone a quality control (2 working days), the expected refund processing times are as follows:

 

Payment Method	Refund Option	Refund Time
All	Refund Voucher	1-2 working days
Debit or Credit Card	Debit or Credit Card Payment Reversal	9-10 working days
bKash(2.5% Refund Charge)	Bank Deposit / Mobile Payment Reversal	5 working days
Cash on Delivery (COD)	Bank Deposit	4-5 working days
TVS Voucher	Refund Voucher	1-2 working days

Important Note: The Voucher discount code can only be applied once. The leftover amount will not be refunded or used for the next purchase even if the value of the order is smaller than the voucher value.