Welcome to avroxy.com, also hereby known as “we”, “us” or “AVROXY”. Please read these Terms & Conditions carefully before using this Site. By using the Site, you hereby accept these terms and conditions and represent that you agree to comply with them (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 AVROXY.
Introduction
By accessing this Site, you confirm your understanding of the Terms of Use. If you do not agree to these Terms, you shall not use this website. The Site reserves the right to change, modify, add, or remove portions of these Terms at any time. Please check these Terms of Use regularly for updates. Your continued use of the Site following the posting of changes to these Terms of Use constitutes your acceptance of those changes.
User Account, Password, and Security
You will receive a password and account designation upon completing the Website’s registration process. You shall be responsible for maintaining the confidentiality of your account and its password, as well as all the transactions/requests done/received under your password or account. You agree to (a) immediately notify avroxy.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. avroxy.com shall not be liable for any loss or damage arising from your failure to comply with the T&C.
Services
avroxy.com provides a number of Internet-based services through the Website (all such services, collectively, the “Service”). One such service enables users to purchase custom merchandise from avroxy and various sellers (collectively, “Products”). The Products can be purchased through the Website using various methods of payment offered. Upon placing an order, avroxy.com shall ship the product to you, and you shall be responsible for its payment.
Privacy
The User hereby consents, expresses, and agrees that they have read and fully understand the Privacy Policy of avroxy.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to them.
Limited User
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted, provided that avroxy’s name is stated as the source and prior written permission of avroxy.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such a manner.
- Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Violate any code of conduct or other guidelines that may be applicable to any particular Service.
- Violate any applicable laws or regulations currently in force in or outside Bangladesh.
- Violate, abuse, unethically manipulate, or exploit any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
Product Description
avroxy.com attempts to be as accurate as possible. However, avroxy.com does not warrant that product descriptions or other content on the site are accurate, complete, reliable, current, or error-free. If a product offered by avroxy.com itself is not as described, your sole remedy is to return it in unused condition.
Links to Third-Party Sites
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of avroxy.com or the Website, and avroxy.com is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. avroxy.com provides these links only as a convenience, and the inclusion of any link does not imply endorsement by avroxy.com or the Website of the Linked Sites or any association with their operators or owners, including the legal heirs or assigns thereof. Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Abusing avroxy.com
As per these Terms, users are solely responsible for every material or content uploaded to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. Please report problems, offensive content, and policy breaches to us. We work to ensure that listed items do not infringe upon the copyright, trademark, or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our team, and we will investigate.
Order Acceptance and Pricing
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. 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 website. 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 debit/credit card charged.
All prices posted on this website are subject to change without notice. Prices prevailing at the commencement of placing the order will apply. Posted prices include all taxes and charges. In case there are any additional charges or taxes, the same will be mentioned on the website.
Trademarks and Copyrights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, avroxy.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website belonging to avroxy.com without obtaining authorization from avroxy.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video, or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums), you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third-party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Return & Replacement Policy
It’s a rare case for avroxy where customers didn’t get their products unharmed. But sometimes we may fail to fulfill your expectations, sometimes situations aren’t by our side. But there is now a bond of trust between customers and avroxy. So, for further ensuring and encouraging this bond of trust, avroxy.com brings you an option to return the products you got (If the product is damaged or designed mistakenly.). In that case, avroxy will give you fresh products in return.
If for any reason you are unsatisfied with your order, you may return it as long as your item meets the following criteria:
- It is within 03 days from the delivery date.
- All items to be returned or exchanged must be unused and in their original condition with all original tags and packaging intact and should not be broken or tampered with.
- If the item came with a free promotional item, the free item must also be returned.
- Refund/ replacement for products are subject to inspection and checking by avroxy team.
- Replacement is subject to availability of stock with the Supplier. If the product is out of stock, you will receive a full refund, no questions asked.
- Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges.
Reasons for Returns & Replacements
- Product is damaged, defective, or not as described.
- Size Mismatch for clothing.
- Color Mismatch for clothing.
- Wrong product sent.
How to Return
Contact the avroxy team by emailing [email protected] within 03 days after receiving your order.
Once we pick up or receive your return, we will conduct a quality check of the product at our end, and if the reason for return is valid, we will replace the product with a new one, or we will proceed with the refund.
Refund Policy
The refund will be processed after we have completed evaluating your return. Replacement is subject to availability of stock with the Supplier. If the product is out of stock, you will receive a full refund, no questions asked. Please note that the Cash on Delivery convenience charge and the shipping charge would not be included in the refund value of your order as these are non-refundable charges. If you have selected Cash on Delivery (COD), there is no amount to refund because you haven’t paid for your order. For payments made using a Credit Card, Debit Card, Mobile Banking, or Bank Transfer, you will receive a refund in your respective account. If online payment is made once more due to a technical error, payment refund will be made. You will receive a refund within 7-10 working days. If you don’t receive a refund within this time, please write to us at [email protected], and we shall investigate.
Order Cancellation
You will get an email confirmation after you place an order. If you wish, you can cancel that order when you receive our confirmation mail. If you have selected Cash on Delivery (COD), there is no amount to refund because you haven’t paid for your order. For payments made using a Credit Card, Debit Card, Mobile Banking, or Bank Transfer, you will receive a refund in your respective account after your order has been cancelled. Your entire order amount will be refunded.
Governing Law
These terms shall be governed by and construed in accordance with the laws of Bangladesh without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts in Dhaka.
Legal Disputes
If a dispute arises between you and avroxy.com, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and ‘avroxy.com’ agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as alternatives to litigation.
APPLICABLE LAW AND JURISDICTION:
These Terms and Conditions shall be interpreted and governed by the laws in force in Bangladesh. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Dhaka.
ARBITRATION:
Any controversy, claim, or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Dhaka, Bangladesh. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Dhaka and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
Unauthorized Charges on Your Card
If you see charges on your credit/debit card for purchases made on avroxy.com, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable avroxy.com to begin an investigation.
Cancellation of Fraudulent/Loss to Business Orders
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, avroxy.com reserves the right to cancel all past, pending, and future orders without any liability. Avroxy.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of products on the website and stock unavailability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
The customer may be considered fraudulent if any of the following scenarios are met:
- Customer doesn’t reply to the payment verification mail sent by avroxy.com
- Customer fails to produce adequate documents during the payment details verification
- Misuse of another customer’s phone/email
- Customer uses an invalid email and phone number
- Customer returns the wrong product
- Customer refuses to pay for an order
- Customer is involved in the snatch and run for any order
Indemnifications
You agree to indemnify, defend and hold harmless avroxy.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by avroxy.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Disclaimer of Warranties/Limitation of Liability
Avroxy.com has endeavored to ensure that all the information on the Website is correct, but avroxy.com neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. In no event shall avroxy.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
- The use or the inability to use the Services or Products
- Unauthorized access to or alteration of the user’s transmissions or data
- Any other matter relating to the services; including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Website or Service.
Neither shall avroxy.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services, and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability, or otherwise. Further, avroxy.com shall not be held responsible for the non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond avroxy’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Payment & Shipping
Avroxy.com offers Cash on Delivery (COD), Debit/Credit Card (VISA, Master Card, DBBL Nexus, etc.), Mobile Banking (bKash, Rocket, Nagad) as a payment method.
We will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in the shipments. Sometimes, delivery may take longer due to bad weather, political disruptions, and other unforeseen circumstances. Title and risk of loss and damages pass on to you upon the product’s delivery to you.
Risk of Loss
All items purchased from avroxy.com are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with avroxy.com until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the customer.
Fraud Protection Policy
Avroxy.com realizes the importance of a strong fraud detection and resolution capability. We and our online payments partners monitor transactions continuously for suspicious activity and flag potentially fraudulent transactions for manual verification by our team.
In the rarest of rare cases, when our team is unable to rule out the possibility of fraud categorically, the transaction is kept on hold, and the customer is requested to provide identity documents. The ID documents help us ensure that the purchases were indeed made by a genuine cardholder. We apologize for any inconvenience that may be caused to customers and request them to bear with us in the larger interest of ensuring a safe and secure environment for online transactions.
Termination
Avroxy.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion, that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or in any way otherwise acted unethically.
These Terms will survive indefinitely unless and until avroxy.com chooses to terminate them. If you or avroxy.com terminates your use of the Website or any Service, avroxy.com may delete any content or other materials relating to your use of the Service, and avroxy.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Term and Policy Updates
We reserve the right to change or update these terms and policies at any time by placing a prominent notice on our site. Such changes shall be effective immediately upon posting to this site.