Terms and Conditions – Buyer

With the aim of creating a safe and fair online marketplace for all the users, the following terms and conditions are defined. Please make sure that you read and understand them, before using and interacting with this platform.


1.   Introduction

From here onwards, it is this multi-vendor platform, all its sub-domains, and the owner entity, that is referred to as the ‘site’, ‘platform’, ‘us’, or ‘we’. Further, an individual who accesses this site personally or representing an entity is collectively referred to as ‘users’, ‘you’, or ‘they’.

These terms and conditions specified here tend to act as a legally binding agreement that is made between you and us. Besides, these terms and conditions are applicable for all the subdomains, applications, and tools related to this site. Moreover, we believe that you have read and understood these terms and conditions, and agree to abide by them, as you access, interact and use this platform. Therefore, please make sure that you refrain from using this site if you do not agree with any of the below-mentioned conditions.

Also, this is a multi-vendor platform owned by etourshopping.lk, and the owner-entity has the right to add, remove, change or modify any of the terms and conditions mentioned here, without any prior notice. The modified clauses would be effective from the moment that they are updated on the site, and thus, it is the responsibility of the users to periodically review the terms and conditions and to stay updated. Therefore, it is important to note that we consider your continued use of the site, following the date of modification as a sign of your acceptance of the modified Terms and Conditions.

2.   Conditions of Use

This section covers the Terms and Conditions related to different aspects of using this site.

A.   User Account

The site may require creating a user account to perform certain actions on this platform. In this process, you may have to provide personal information and then add a username and password. However, it is important to note that the user is responsible for maintaining the confidentiality of the username, password, and all the other personal information provided. Further, it is the responsibility of the users to inform us if they believe that their login information is misused by an unauthorized party. If not, we believe that all the interactions done on the platform, communication, and managing private information are done by the user or any other party authorized by the user. Therefore, we have the right to act on, rely on, or hold you solely responsible and liable as if all the actions or transmissions on this platform from your user account were carried out or sent by you. Hence, hereby, you agree to be bound by and completely indemnify us for any and all losses resulting from your account’s use or access to the platform.

Besides, it is up to the user to provide us with information that is correct and complete, and meanwhile, they should also take steps to modify and update their personal information when necessary. By a chance, if the user is unable to update their personal information by logging into their user account, they can always request assistance from our customer support team. However, we have the right to edit, or remove information from your user accounts, as well as to invalidate and terminate user accounts at any time, without any notice. Further, we also have the authority to refrain any of the users from accessing this platform, without giving any reasons. Still, we are not liable for any of the losses suffered by or caused by any of these invalidations, or unauthorized accesses.

B.   Privacy Policy

As mentioned earlier, you may have to provide certain personal information when interacting with this site, especially when creating a user account and performing a transaction. We take every possible action to maintain the strict confidentiality of the information provided by you, according to the applicable laws and regulations stated in our Privacy Policy. Hence, you are kindly requested to read to and understand our Privacy Policy, which governs your privacy when interacting with this site. However, we suggest you discontinue using our site if you are against sharing and using your information as specified in the Privacy Policy.

C.   Platform for Communication

It is important to note that this is an online platform that acts as a facilitator between you and the vendors, whereas you can make the purchases at the price mentioned on the site, at any time, and from any location using your preferred payment method. Further, the transactions that happen on this platform are facilitated by an independent service provider, and thus, we do not have control over any of the transactions on the site or on a payment gateway. In fact, it is you and the service provider, or the bank that issues your bank cards are involved in the process of payments. Therefore, you should understand and agree that the payment contract on the site is exclusively a bipartite agreement between you and the service provider mentioned on our site.

D.   Continued Availability of the Site

Even though we do our best to maintain the continued availability of the site, it might be unavailable or restricted for use at certain moments, owing to issues that are beyond our control, as well as for maintenance purposes. Even at such instances, we shall make every effort to keep the frequency and duration of any suspension or restriction to a minimum.  However, owing to these reasons the continued availability of the site cannot be guaranteed. Still, it is a must mention that we always do our best to keep the site accessible, and error-free, in order to offer you an uninterrupted and pleasant experience while interacting with our site.

E.   License to Access the Site

As you access this site, we would be offering you a non-transferable, revocable, and non-exclusive license to use the site. However, this is granted with the belief that you are an individual who is over 18 years, or a child who uses this site under parent / legal guardian supervision, in order to make purchases as available on the site. Besides, you agree to abide by our Terms and Conditions as you access the site.

Further, using this platform on behalf of a third party without our prior consent is strictly prohibited. However, if you are registering as a business entity, you confirm that you have the ability to bind that entity to this User Agreement and that both you and the business entity will abide by all applicable internet trading regulations. Nevertheless, registration as a member of the Site is limited to one per individual or business entity.

Besides, the content on this platform is for information purposes only. We do not guarantee that the product details mentioned on the site, and their availability as displayed, since those details are updated and managed by the vendors. Further, it is important to note that the opinions and comments displayed on this platform are of those who have made them, and they may not reflect our views.

However, the license that we grant you restricts certain actions that you perform on this site. In fact, you have limited access to make personal use of this platform, but you are not permitted to download (excluding page caches) or modify the site or any portion of it in any manner. Further, you are strictly prohibited to use the content of this platform, for purposes related to resale or commercial intentions, and any kind of data collection for your personal use, or on behalf of a third party. Further, you should not reproduce, duplicate, copy, sell, resell, visit, distribute, or share, and exploit in any other way, any portion of the site, trademark, logo, or other proprietary information (including images, meta tags, text, page layout, or form) without our express written consent. This restriction is applicable for any kind of external links created for commercial or any other purposes as well.

Also, please note that performing any of these actions related to the activities mentioned above would be a reason for us to revoke the license that we have granted to you, as mentioned at the beginning of this section. Further, the following actions or anything related will also lead to a revocation of your user license.

  • Not abiding by the Terms and Conditions mentioned under any section on the site, at any time.
  • Impersonating or misinterpreting oneself or affiliation as another individual or entity.
  • Using the platform for any kind of illegal purpose.
  • Attempting to gain unauthorized access exceeding the accepted internet regulations and standards, sharing any kind of content that is suspected to be malware, or performing any kind of an activity that tends to interfere, or interrupt the systems, including networks and other tools, and applications related and connected to the platform and the service in any manner.
  • Interfering the other’s experience on this site.
  • Using the platform to promote and share any kind of material that is offensive, and deemed illegal in the general context.

F.   Your Conduct

Your conduct on this platform should not damage, interrupt, or impair the site and related services, as well as the individuals and entities who are directly or indirectly related to this platform. Also, the user is responsible for all content sent to this platform electronically, and the users are expected to use this platform for lawful purposes only.

Further, using this platform for the below purposes is strictly prohibited.

  • Using the platform for fraudulent purposes, and actions that are partially or fully considered as criminal, or unlawful offenses.
  • Sharing or reusing any kind of material that does not belong to you on the platform.
  • Using the platform for any kind of purposes that are external to our intentions, and to share any kind of offensive content (sexist, racist, bigotry, hatred, or physical harm) that is deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing, causing annoyance, inconvenience, or unnecessary anxiety, or any form of content that threatens the unity, integrity, security or sovereignty of Sri Lanka or friendly relations with foreign states, or gives intentions of money laundering or gambling, or is harmful to minors in any way.
  • Acting in a way that underrates or breaches copyright, trademark, confidentiality, privacy, or any other proprietary information or right of us, or any other party directly or indirectly related to the site.
  • Sharing content to the platform which contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any “spam”.

G.  User Submissions

Any sort of content that you submit to us, included but not limited to comments, reviews, suggestions are collectively referred to as ‘submissions’. However, all your submissions happen to be our property, once you submit them to us. Therefore, you have no say over your submissions, once they are submitted, and thus, they would not be returned under any circumstance. Further, it is important to note that you grant us the right to use the name that you submit, for any of the further proceedings, and we expect that you shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submissions. Also, we may, but are not obliged, to edit, or remove any of your submissions, but we may do so without prior notice if required by law.


H.   Claims Against Objectionable Content

We hereby bring to your attention that we have no possibility of reviewing all the content, and the submissions of vendors and users owing to the large user base that we are handling. Hence we review the content on our site on the “claim, review and takedown” basis, and thus, we kindly request you to contact us if you find any content that is illegal and offensive on this platform. We would take every practical action to investigate and remove the valid objectionable content complained about at our earliest convenience.

However, in order to review objectionable content and proceed with a claim, you should make the complaint along with your name, address, contact information, name of the objectionable content party, an instance of the objection, as well as proof of objection along with other related information. Incomplete complaints will not be considered for claims or legal actions.

I.      Claims Against Infringing Content

 If you believe that your intellectual property rights have been misused, and have given rise to concerns of infringement, please feel free to contact us, and make us aware with regard. Further, make sure that you provide us with your name, address, contact information, name of the infringing party, an instance of infringement, proof, and all necessary information related, in order to proceed ahead with the complaint. However, please note that incomplete complaints will not be considered for claims or legal actions, and providing misleading or false information is considered an offense.

Also, we believe that manufacturers have a right to enter into exclusive distribution or resale agreements for their products. Still, we do not consider a violation of such agreements as intellectual property rights infringement. Further, such agreements take place between the manufacturer, distributor, and/or respective reseller, and we have no right, or we are neither liable for any of the situations that occur owing to violating such agreements.

J.    Trademark and Copyrights

The name of the platform, logos and all other symbols related to our business visible on the site are trademarks or registered trademarks that are complied with the required legal enforcements. Also, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, their selection and arrangement, all software compilations, underlying source code, and software will all be a part of our intellectual property, protected by copyright as a collective work under Sri Lankan copyright laws and international conventions. Thus, we have all rights reserved.

Therefore, anything visible on this site, including but not limited to graphics, logos, page headers, button icons, scripts, and service name may not be used in connection with any product or service that does not belong to us, or in a way that discredits us. Further, the ownership of any other trademarks that appear on this site belongs to the respective parties, who may or may not have affiliated, connected, partnered with us, or sponsored by us.

K.   Disclaimer

Accessing and using the services of this platform is at your own risk, and it is your decision to enter into a transaction. Therefore, we shall neither be responsible nor liable for any of the actions, inactions, or any breach of conditions, representations, installment offers, or warranties made by the sellers or manufacturers. Further, we shall not involve in mediating or resolving any disputes or disagreements between you and the sellers/manufacturers, and thus, the transactions and the interactions between the two parties are out of our control.

Further, we disclaim any warranties or representations (express or implied) with regard to the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, pricing, product information, or legality of the products that are displayed or sold through our platform. Moreover, we do not guarantee that the information displayed on the site is completely accurate, and we also do not implicitly or explicitly support or promote the sales or purchases of any product on the site.

L.   Indemnity

As you access this platform, you agree to hold us harmless from any claim, demand, or action brought by a third party, including reasonable attorney’s fees, resulting from or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rule, regulation, or a third party’s rights.

Further, you expressly relieve the parties related to the owner-entity from any cost, damage, responsibility, or other consequence of the sellers’ or other service providers’ acts or inactions, and you clearly waive any claims or demands you may have in this regard under any legislation, contract, or otherwise.

M.  Third-Party Businesses

This site will feature stores, services, and product lines of various other parties and affiliates, and provide links for websites of other parties. Still, it is important to note that we do not warrant or promote their services, and thus, we are not responsible for the content they share, and the services that they offer. Therefore, we are not liable for their actions, nor the agreements they have with you, and thus, it is your responsibility to review their Terms and Conditions, Privacy Policy, and other legal documents, prior to making a transaction or using their services.

N.   Communication with Us

A visit to the site, or sending us an email is considered as communicating electronically, and as you communicate with us, you are required to provide us with your identification details such as your name. Further, when you are placing an order using our site, you will have to provide a valid phone number, and other contact details and we may communicate with you by email, SMS, phone call, or by posting notices on the site or by any other mode of communication that we choose to use. However, by using this site, you give your 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.

O.  Losses

Direct, indirect, or consequential losses that were not reasonably foreseeable at the moment of initiating the business process, may take place as the users access, interact and make transactions through the platform. However, we will not be liable for any business or personal losses (including, but not limited to, lost profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that take place as a result of accessing, trusting, or interacting with this platform.

P. Amendments to Conditions or Alterations of Services and Related Promises

We have the right to add, remove or modify content to the platform, its Terms, and Conditions, as well as policies, or any other publicly displayed condition or service promise at any time, without prior notice. The amendments would be effective from the moment they are updated on the site, and you will abide by them as you access this site afterward. However, if any of those policies or conditions were altered as instructed by a government authority or law, the modifications might affect the orders which were previously placed as well.

Q. Events Beyond Our Control

We are not liable for any delay or failures that take place when performing our duties under these terms if the delay or failure is caused by an event beyond our reasonable control. Further, this condition has no bearing on your legal rights.

R. Waiver

You should be aware that we are a private commercial enterprise and we have the right to conduct our business in a way that fulfills our objectives. So, by a chance, if we do not take action against a breach condition, please note that we are still entitled to take actions against any other breach of condition that may occur at a later instance.

S. Termination

We, as the owner entity of this site, have the right to terminate the Terms and Conditions, or to revoke the license, or access to the platform, and to revoke the rights that you have under the mentioned Terms and Conditions at any time, without prior notice. As the terminations take place, your passwords and other account identification details will be revoked, and the right and the license you had to access, use, and interact with the platform will be partially or fully discontinued.

However, any termination of these Terms and Conditions would not affect your rights and obligations (including, but not limited to payment obligations) related to the transactions that happened prior to the termination date. Still, you should be aware that we are not liable to you, or to any other third party for any kind of inconveniences caused owing to such suspension or termination.

T. Governing Law and Jurisdiction

These agreements are represented by and interpreted as per the laws of The People’s Republic of Sri Lanka. You agree, as we do, to submit to the exclusive jurisdiction of the courts in Sri Lanka

U. Contact Us

Our Customer Support Team is more than pleased to assist you. Feel free to contact us for any of your inquiries.

V. Our Software

The applications that function related to our site, any updates, upgrades, or related documentation are collectively referred to as ‘software’ in this section. The software that is available to you may be subject to manual or automatic upgrades and updated from time to time, and the sole intention of these updates and upgrades is to enable our users to enhance the pleasant experience of using our platform, as permitted by the Terms and Conditions, and other applicable terms as mentioned on the platform.

However, it is important to note that the software we use is our property,  and/or our affiliates or its software suppliers. They are protected by all applicable copyright laws that are a part of the Sri Lankan legislative system. Therefore, no other third party has the right to incorporate any portion of the Software into their own programs or compile any portion of it in combination with any other programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Software, duplicate, alter, reverse engineer, decompile or disassemble, or otherwise tamper with our software, in whole or in part, or make any derivative works from it or otherwise assign any rights to the Software in whole or in part. Moreover, you should not encourage, assist or authorize anyone else to do the same.

Besides, using this software for illegal purposes is strictly prohibited. We have the right to discontinue the right you have to access and use our software, at any time, without prior notice, owing to a breach of Terms and Conditions mentioned across the site, or for any other fair reason.

Besides, when you use and interact with our platform, you would be knowingly or unknowingly interacting with one or more third parties as well. You should be aware that these third-party services may have their own rules, terms of service, and fees that apply to your use of them, and it is your responsibility to have a proper understanding with regard when using their services. Further, In the case of a discrepancy with these Terms and Conditions, additional third-party terms incorporated within the Site or provided as such that are expressly indicated in relevant documentation may apply and govern the use of such software.

3. Condition of Sales (Between Buyer and Seller)

The Conditions of this section cover the agreement that you have in terms of making purchases over this platform. Therefore, we kindly request you to read and understand these Terms and Conditions between you and the seller prior to interacting with this site.

A.   Conditions Related to the Sale of the Product or Service

This section addresses the conditions that are applicable for the sales of products or services on this.

B.   The Contract

It is must note that order on this platform is a legal offer that you make to the seller to purchase a product or a service that is displayed on the site. However, the confirmation or status update that you receive prior to the dispatch of your order is solely for the validation of the order details provided, and it never implies confirmation of the order in any way. Therefore, the order is considered to be accepted, only once the product is dispatched to you. Further, if your order is dispatched in more than one package, you may receive separate dispatch confirmations.

Besides, as you might already know, when you place an order, you would be able to view the approximate timeline with regard to the process of the order. Still, we cannot guarantee that this timeline is accurate at every instance since we are depending on third-party services to complete these purchases. However, we take every possible action to make sure that the indicative timeline is met.

Further, all the Terms and Conditions that you agree on behalf of sales and purchases are a contractual agreement between you and the sales alone. Moreover, the commercial/contractual terms with regard, include, but are not limited to price, shipping charges, payment methods, payment terms, date, duration, and mode of delivery, warranties connected to products and services, and after-sales services associated with products and services. Also, we do not have a right to involve, intervene, control, or advise in any way for the offering or acceptance of such commercial/contractual terms between you and the Sellers.

However, the buyer has the right to cancel any order at no cost before the product is dispatched. Similarly, the seller too has the right to cancel an order at any time at its sole discretion before the dispatch of the product takes place because there are cases when an order cannot be processed for various reasons. Still, we can guarantee to you that such cancellations will be notified to you via an email or SMS, at our earliest convenience. Also, we assure you that the prepayments made on behalf of such canceled purchases would be refunded to you within 4-5 working days, or earlier.

At the same time, by accessing this platform, you agree that the product(s) or service(s) you order through our platform is for your internal/personal consumption, and not for any kind of commercial purposes, or re-sale. Therefore, you hereby permit us to make a statement on your behalf to any governmental body, indicating the aforementioned reason for your orders on the Site. Further, either us or the seller, has the sole right to cancel any order if the quantities that you order exceeds the general purchasing limitations of a single buyer. This applies to the number of items ordered in a single order as well as placing several orders for the same product in quantities that are more than the average individual consumption. However, the way that these limitations are applicable for different buyers may vary depending on several factors, and the sole discretion of the seller or ours may vary from individual to individual.

C.   Returns

Please be kind enough to refer to our Return and Refund Policy for more information with regard.

D.   Pricing, Availability, and Order Processing

We take every possible action to display you the most accurate and up-to-date pricing information on our platform. Still, you should accept that errors can still occur, owing to the large number of sellers and products that our platform is handling. In instances of such errors, we have the right to refuse or cancel any order. Further, we may, at our discretion, contact you in order to get information about the further proceedings, or cancel your order and notify you of such cancellation. By chance, if a cancellation of an order takes place, we may inform you about it, and refund the prepayments made, according to our Return and Refund Policy.

However, it is the sellers who have listed the products and the prices on this site. The prices mentioned are in Sri Lankan Rupees (SLR) and are inclusive of GST. However, it is important to note that there may be slight variances in the listed prices, and the prices indicated once you add a product to the shopping cart. Also, it is our responsibility to make you aware that there is a possibility of price variances taking place between the time you place it in your cart and the time you purchase it as well. So, please be kind enough to keep in mind that placing an item in your cart does not reserve the price shown at that time. Also, we hereby inform you that we do not offer price matching for any items sold by any seller on our platform, or either on other platforms.

Further, we hereby mention that we cannot guarantee the availability of any product as displayed on our site, or our product information pages. Therefore, we recommend the users not rely on the availability of the products, as well as their dispatch times. As the sellers are processing the order, you would be informed by an email or an SMS if the products you ordered are unavailable at that time.

Besides, we retain the right to acquire validation of your payment details before supplying you with the product. Also, we would take steps to validate the personal information you provided in order to avoid any credit or debit card fraud. This validation might take the form of an identification check, which includes validating your residence address, and financial information. In the absence of a response to such an inquiry, the order will be immediately canceled within a reasonable time frame. We retain the right to cancel an order directly if we perceive a risk of fraudulent use of banking instruments or for other reasons, without providing a prior warning or incurring any legal obligation.

Refund Vouchers

Refund vouchers can be used on our website as full or partial payment for items purchased within the specified time frame. However, it is not possible to utilize a refund coupon from a separate account. Further, if a voucher expires, it cannot be replaced.

Promotional Vouchers

Users are not allowed to use promotional vouchers on the following products.

  • Baby Nutrition
  • Xiaomi Smartphones
  • Diapers
  • Groceries

Further, it is important to note the following when using promotional vouchers.

  • A client can only use each provided promotional voucher (App voucher and New customer voucher) once. It is unlawful to use the same identity for several purposes.
  • The promotional voucher is non-refundable and cannot be exchanged for cash in whole or in part, and it is only good for one purchase.
  • A promotional voucher could not be usable during a sale or in combination with another offer.
  • Only if the minimum purchase amount and other requirements are satisfied will the voucher be valid.
  • We have the right to vary or terminate the operation of any voucher at any time without prior notice. Further, we are not responsible for any financial damage incurred by any customer or household as a result of the denial, cancellation, or withdrawal of any voucher, or any failure or inability of a customer to utilize a voucher for any reason.

Security and Fraud

  • As you use a voucher, we imply that you are the lawfully authorized recipient of the voucher and that you are using it in good faith for the purchases that you make.
  • However, you are considered as an individual who has performed a civil or criminal crime if you redeem, attempt to redeem, or promote the redemption of a coupon to gain discounts to which you are not entitled.
  • We reserve the right to reject or cancel any voucher/order if we have reasonable grounds to suspect that it is being used unlawfully or illegally, and you agree that you will have no recourse against us in the event of such rejection or cancellation. In such cases, we hold the right to take any additional action if it seems necessary.

E.   Reselling Products

As mentioned in several sections earlier, purchasing products through this platform for commercial purposes or reselling is strictly prohibited. By chance, if an unauthorized individual is found committing this act, we have the right to take legal action against that person.

F.   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.

G.  Representations and Warranties

When items or services are offered by third parties, we make no guarantee or warranty on behalf of quality, value, saleability, etc. of the products or services advertised to be sold on the site. Also, we do not implicitly or explicitly, promote any product or service through this platform, and thus, are not liable for any of the errors or omissions, whether on behalf of itself or third parties.

Further, we are not liable for any failure to execute, or any violation of a contract between you and the vendors. We cannot and do not vouch for your or the sellers’ behavior even though the transactions take place on the site. Therefore, we are not obligated to arbitrate or settle any dispute or disagreement that may arise as a result of transactions on our platform. Also, we do not obtain title to or have any rights or claims over the items or services supplied by a seller at any stage during any transaction entered into by you with a third party on our platform. As a result, we have no responsibilities or liabilities in relation to the contract(s) you and the seller have entered into. Similarly, we should not be held responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.

Pricing for any product(s) or any kind of related information as shown on the platform may be incorrect or outdated as published due to a technical fault, typographical mistake, or other cause, and you agree that in such circumstances, either us or the seller may cancel your purchase without prior notification or responsibility. Any prepayments made for such orders will be returned to you in accordance with our Return and Refund Policy, as mentioned earlier.

4. Conclusion

We expect that you have read and understood all the Terms and Conditions specified here, as well as across the platform, and that you would abide by them at your best. We imply that you have agreed to these Terms and Conditions as you access and interact with this platform, and thus, we kindly request you to discontinue using this platform if you are unable to abide by any of the mentioned clauses.