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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, a sole proprietor/company, registered with the online market platform of etourshopping.lk is collectively referred to as ‘sellers’. Further, etourshopping.lk and the seller are hereinafter referred to collectively as the “parties” and individually as a “party”.
2. Scope
As an online platform that creates a space for the customers and sellers to transact online, the sellers have the ability to sell their products through this site. Thus, the sellers would appoint us as their commission agent, and the sellers are requested to abide by these terms and conditions, as this specification tends to act as a legally binding agreement that is made between the parties. Besides, please note that unless the parties specifically agree otherwise, this agreement replaces all earlier agreements or arrangements between them.
Moreover, this platform introduces consumers to the seller, taking orders and payments on their behalf. Further, we support the sellers with a variety of logistical and marketing services if the sellers make a request for them. This assistance may be included in the agreed commissions as well as any additional service costs. Also, we may, without prior notice, employ the services of subcontractors to carry out any element of this agreement or any future services made available to the seller.
The policies available on this platform are applicable for all the subdomains, applications, and tools related to this site, and are to be read into and incorporated as an integral part of this agreement. Moreover, we believe that you have read and understood these terms and conditions, and agree to abide by them, as you use the platform and access the seller center. Therefore, please make sure that you refrain from using this site if you do not agree with any of the below-mentioned conditions.
Also, etourshopping.lk 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 sellers 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, available across the platform.
Besides, etourshopping.lk has the right to delist any seller or to terminate the relationship with any of the sellers if they are identified to harm the reputation and the service standards of the owner entity. Regardless of any provisions in this contract, it must be construed in accordance with the Seller Code of Conduct. We would be informing the sellers about any amendment to the Seller Code of Conduct, and any breach in the Seller Code of Conduct would be considered as a breach of contract within this agreement.
3. Access to Platform and Seller Center
Following the sign-up process, the seller will receive a username and password to access the Seller Center and to complete the registration process. However, it is the responsibility of the seller to keep the information related to their business (address, bank account number, etc.) on Seller Center, updated. In fact, etourshopping.lk is not responsible for any damages caused by inaccurate information provided by the seller.
However, it is the seller’s duty to pay attention to the safety and security of their password. Further, any of the actions taken under the seller account will be considered as done by the seller, or an authorized party, and thus, the sellers should not disclose their password to any other third party. The sellers should fully indemnify etourshopping.lk from any damages or injury resulting from any unauthorized use of its password.
Moreover, we believe that any of the correspondence or communication that we get through the Seller Center and/or appointed email address are from the seller, or approved by the seller, and thus, etourshopping.lk is entitled to rely on such communication and correspondence. Also, if a seller does not respond (an answer or a written objection) to any of the messages sent through the email in the Seller Center account or via Seller Center within 72 hours it would be worth agreement between the parties.
4. Featuring Products on the Platform
Featuring a product on the site simply means an offer of sale by the seller to all persons using the site. A customer purchasing a product through the platform happened to be accepting the seller’s offer to sell the product. Accordingly, a binding contract shall come into force between the Customer and the Seller, and thus, this happens to be a sole agreement between the seller and the buyer, with no relation to us. Further, we are not responsible for any of the agreements between the buyer and the seller, and we may not take part to resolve or mediate any disputes between the seller and a buyer. Still, this agreement shall govern any contracts between the seller and a customer. Accordingly, in the event of a dispute between this agreement and the contract or any document contained with the product(s) supplied to a customer, or implied by trade practice or course of business, this agreement shall prevail.
We will be featuring the products of the seller as sold by themselves on the site, and they will be displayed at the given listed prices. The seller will provide us with the necessary information in a predetermined format, and we believe that the information they provide is compatible with the actual product they sell. Hence, it is the seller who is responsible for listing their own products. However, it is up to us to decide how those products will be placed and displayed on the platform, and we hereby declare that we have the right to use, reproduce, modify, adapt, publish, translate, create and distribute any content that the seller provides.
Further, etourshopping.lk reserves the right to delist any product(s) displayed on the site if the sale of such product would violate any legislation or if the seller breaches any of its duties under this agreement. In such instances, the seller will be notified promptly. Besides, we may produce digitized images and photographs of the product(s) to be displayed on the side, as requested by the sellers. We have the right to charge a fee on such occasions and are entitled to deduct this amount from the payment made to the seller for the sales of any product(s). This deduction would be done in addition to any of the dedication that takes place under the prior agreements.
Also, we may, through numerous channels, provide further promotions/discounts over and above a seller’s listed price, and the seller acknowledges that this does not represent a change in ownership of the product(s). The seller’s listed price shall be the basis for any commission and/or fees imposed on such a transaction.
5. Seller Performance
The sellers agree to respect and comply with the policies of etorushopping.lk in order to maintain a smooth flow of operations, and we highly expect the sellers to avoid any consequences of breaching the policy.
Besides, we follow several steps to evaluate the sellers’ performance, and the sellers would be ranked accordingly. There would be daily order limits related to each of these ranks as well. Further, we, as the owner entity, have the right to delist, downgrade or upgrade the seller depending on commercial and operational performance at any time, without prior notice. Moreover, we also have the power of blacklisting sellers who repeatedly breach delisting thresholds and how the re-listing process is managed is solely up to us to decide.
We also have the right to exempt certain sellers from the daily order limitations and delisting criteria, owing to various reasons. If the sellers’ performance does not meet the Standard Ops Score, they may be penalized financially. These financial penalties may be taken from the seller’s payout according to the payment terms. Penalties can be imposed for a variety of offenses, including but not limited to:
- High rate of return on products.
- Ignoring the packaging guidelines.
- Cancellations and orders out of stock.
- Slow fulfillment of orders.
- Selling counterfeit and illegal products.
6. Seller Obligations to Customer Service
If we receive a question or a complaint from a customer regarding any product, we would forward them to the sellers, and the sellers are obliged to respond to them within 48 hours of the receipt of such questions or complaints. The responses we receive will be forwarded to the customers as soon as we receive them, and failing to respond to a question or a complaint within 48 hours would be a reason for us to de-list a seller or any of their products without any notice.
7. Commission
As the agent that provides the platform for buying and selling, etourshopping.lk is entitled to receive a commission for the sale of each product, unless specified otherwise in any special terms agreed upon. Commissions are determined as a proportion of the total sales price, which includes taxes. As described in under payments, we would be making payouts to the sellers, and the commissions would be substrate from it. However, we have the right to change the percentage commission stated in the commission schedule by giving the seller 14 days’ notice prior to implementation.
8. Payments
We as the owner entity of the platform would be receiving and processing all the payments of products sold on the platform, on behalf of the seller. Thereafter, we would be clearing out the payments to the sellers, as the amount of the listed price for the product(s) received from a customer, less its commission for the sale of the product(s), less any service fees/penalties or any other amounts due if applicable, subject to its right of set-off under this agreement.
Payments to the seller will be made twice a month to the bank account, provided that payment for any product will be commenced no later than 15 days after the product has been successfully delivered to the customer. Payment statements would be available on the Seller Center with all relevant information for the seller’s information.
Payment will be transferred online to the bank account specified by the seller in the Seller Center, and the payments would be made in Sri Lankan Rupees. By chance, if the seller needs to change the information of the bank account, the seller has the ability to do so by updating the bank details through the Seller Center.
We would not be liable for any failure to make payments owing to the incomplete or inaccurate bank information provided by the seller. By chance, if we have settled the payments for a delivered item that is later returned by a customer, we would be deducting the equivalent amount in the next cycle and return the product to the seller. Further, if a product is lost by etorushopping.lk or the shipping company during transit or handling, we would be reimbursing the seller for the product in question.
If the seller files a disagreement regarding the state of a returned product (e.g., the product is damaged), we would take steps to refund the seller for the product if the case is reviewed and accepted by us favoring the seller. In exchange for such a refund, the title to the product will only pass to us, if we wish to keep it for commercial purposes. We may also temporarily detain the product in order to collect insurance or resolve a dispute with the third-party logistic services. This does not imply that etourshopping.lk gains ownership of the product.
We may also deduct or withhold any kind of duties, taxes, or other amounts applicable under any federal, provincial, or local law from the payment made to the seller, and we would remit the same to the taxing authority of any jurisdiction relevant to the transaction. Further, etourshopping.lk may apply any payments owing to the seller hereunder as a set-off against any sums owed to us by the seller, or against any claims of third parties against the owner entity originating from the sellers’ performance, whether under this agreement, any contract, or any other instrument.
The seller is responsible for all customs duties, sales tax, excise tax, value-added tax, and any other duties, excess, fees, or charges of any kind imposed by governing authorities of any jurisdiction in connection with the sale or supply of its products on etourshopping.lk and the purchase of those products by customers. Also, it is important to note that the seller is exclusively responsible for the payment of any sales tax on the sale of these products to the customer via the platform, and we would bear no responsibility in this regard.
9. Warranties
This site may sell products manufactured, imported, or otherwise produced or provided by the seller. However, those products should fulfill the following requirements.
- Products should match with the specifications, drawings, samples, performance criteria, and other descriptions referred to or provided on the platform.
- Products should be of merchantable quality, and they should suit the purpose(s) intended.
- The products should be compatible with all the regulatory permits and licenses and conform to all applicable laws, ordinances, codes, and regulations.
The seller also should warrant and represent to the platform that:
- It is competent to enter into this agreement and any contract, and its entry into this agreement and any contract, as well as the performance thereof, has been duly authorized by all necessary corporate action, and this agreement and any contract constitute a valid and binding agreement of the seller, enforceable against the seller in accordance with its terms.
- All relevant marking and labeling requirements should be met by the products and their packaging.
- None of the products were or will be made, in whole or in part, using child labor, prison labor, or forced labor.
- The seller and its subcontractors, agents, and suppliers involved in producing or delivering the products should strictly adhere to all applicable laws of Sri Lanka and other countries where the products are produced or delivered. In fact, acceptable working conditions, labor practices, wages, hours, and minimum ages of workers, etc. in the operation of their facilities, and business should be acceptable by law.
- All customs duties, excise taxes, and other taxes related to the importation, manufacturing, or production of the products have been paid in full.
- It has the legal authority and permission to sell the products it is listing.
- According to the law, the products are not harmful and do not include any hazardous substances, contraband, explosives, or any other banned item.
- It will package and ship all products in compliance with all applicable laws.
- The seller is completely liable for any legal violations and will indemnify etourshopping.lk against any legal consequences.
- All information provided to us about the products, including but not limited to all information provided to us about the products, is correct and up-to-date.
- It will not host, display, upload, alter, publish, transmit, update, or distribute any material that infringes on any patent, trademark, copyright, intellectual rights, trade secrets, rights of publicity, or privacy of a third party, is fraudulent, or includes the sale of counterfeit or stolen products.
- All official consents, waivers, permissions, authorizations, exemptions, registrations, licenses, or declarations needed to be made or acquired by the seller in connection with the entry into this agreement or any contract, and the execution of the same, have been duly obtained.
- Any law, statute, rule, regulation, ordinance, code, judgment, order, writ, injunction, decree, or other requirements of any court or governmental body or agency will not be violated or conflicted in any aspect by the seller’s entry, delivery, and performance of this agreement or any contract.
- The seller shall strictly comply with all applicable laws, treaties, ordinances, codes, and regulations in performing its obligations under this agreement and any contracts entered into with customers, including any import and export, health, safety, and environmental laws, ordinances, codes, and regulations of any jurisdiction (whether international, country, region, state, province, city, or other). Moreover, the seller must provide any written certification of conformity required by any federal, state, or municipal law, ordinance, code, or regulation upon written request of etourshopping.lk.
- If applicable, the seller will be responsible for obtaining any formal consents, waivers, approvals, authorizations, exemptions, registrations, and/or licenses required by us in order for the products to be shown on the platform.
- We reserve the right to seek any financial, business, or personal information from the seller at any time for any reason, and the seller should deliver such information to us within seven (7) business days of such request.
- Money laundering, as well as any action that promotes money laundering or the financing of terrorist or criminal operations, is prohibited and vigorously pursued by our policy. We are committed to anti-money laundering compliance in accordance with relevant legislation, and our directors, officers, and employees are required to follow these guidelines in order to avoid the use of our goods and services for money laundering. You guarantee that you are not involved in money laundering, terrorism or criminal activity funding, or any other unlawful action in any manner. Before activating your account, payments, or processing any relevant refunds, we retain the right to conduct any required money laundering, terrorist funding, fraud, or other unlawful activity checks.
10. Intellectual Property
As a seller continues to use this site, it warrants, represents, and covenants that the products’ importation, manufacturing, production, sale, distribution, usage, and display of the products on the platform do not infringe on any intellectual property, directly or indirectly. Further, the seller also guarantees and certifies to us that it owns, or is a licensed user of all intellectual property in relation to the products and their supply and that marketing, promoting, and showcasing the products on the platform will not infringe on such rights. In fact, etourshopping.lk hereby declares that we will not obtain any intellectual property rights in connection with the products.
The seller also represents and warrants to us that it is not aware of any third-party claims relating to any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement, or any other claim, demand, or action arising from the manufacture, sale, distribution, or use of the products.
Besides, both parties agree to release, defend, protect, indemnify and hold their affiliates, and their respective directors, officers, employees, contractors, agents, suppliers, users, successors, and assigns, harmless from and against any and all costs (including attorney fees and court costs on an indemnity basis), expenses, fines, penalties, losses, damages, and liabilities arising out of any alleged or actual patent, copyright, trade secret, trademark, trade name, or other intellectual property right infringement or other claims, demand, or action resulting from the advertising, promotion, manufacture, sale, distribution or use of the products.
Without the prior written consent of etourshopping.lk, the sellers will not be permitted to use any of our intellectual property. Further, none of the parties may make any negative, derogatory, or defamatory statement(s)/comment(s) about the other, the brand name, or the platform, or otherwise engage in any conduct or action that may tarnish or dilute the image and the reputation of etourshopping.lk, or the sellers’ or otherwise tarnish or dilute any trademark, service mark, trade name, and/or goodwill associated with us or any seller.
11. Confidentiality
It is important to note that all customer information and data, designs, drawings, specifications, communications, whether written, oral, electronic, visual, graphic, photographic, observational, or otherwise, and documents supplied, revealed, or disclosed in any form or manner by us to the seller, or produced or created by the seller for us, are the intellectual property of etourshopping.lk and confidential. Information as such will be considered and safeguarded as highly confidential by the seller, and shall not be given to any third party without our prior written approval, and shall be disclosed only to those who need to know within the seller’s company. Prior to any disclosure, each party may ask their respective employees and other individuals engaged in the performance of this agreement to sign an individual confidentiality agreement. Any non-disclosure agreement that the seller has previously undertaken in connection with the sale of its products under this agreement is expressly included in the contract.
Upon demand or upon the termination of this agreement, both parties must promptly return any information given, including all copies created by each party, to the other. By any means and through any medium (including but not limited to advertising, website references, photographs, articles, press releases or interviews, speeches or programs), neither party shall publicize, disclose, or discuss the existence, content, or scope, whether generalities or details, of this agreement or make any reference to each other, the business of either to any third party.
12. Indemnification
As the sellers use this site, the seller agrees to release, defend, indemnify, and hold us, including our affiliates, and any director, officer, employee, contractor, or agent, harmless from and against any costs (including attorney fees and court costs on an indemnity basis), fines, penalties, damages, and liabilities arising from, alleged to arise from, or in any way related to:
- Any kind of a flaw in any of the products sold to a customer
- Any claim made by a customer in connection with a contract
- Any kind of a fault in the seller’s packing or delivery of a product
- Any violation of law by the seller (seller’s failure to pay any required tax on the import, manufacture, production, sale, supply, distribution, or delivery of a product)
- Any kind of a fault or an action of the negligence of a seller, its affiliates, including any director, officer, employee, contractor, or agent
- Any breach of this agreement’s warranties or representations.
13. Limitation of Liability
The site and the seller center, as well as any content, software, functions, materials, and information made available on or provided in connection with the seller’s access to and use of the site and Seller Center, are provided “as is.” The seller hereby understands and agrees that it will access and use this platform at its own risk. Further, we disclaim the following to the fullest extent permitted by law:
- Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement with respect to this agreement, the contracts, or the transactions contemplated by this agreement;
- Implied warranties that arise from the course of dealing, performance, or trade usage;
- Any tort obligation, liability, right, claim, or remedy, whether or not based on our negligence. Further, we make no guarantee that the platform and seller center’s functions will meet the seller’s requirements or will be available, timely, secure, uninterrupted, or error-free. Thus, we are not liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any controversy.
- Besides, etourshopping.lk is not a party to the contracts between customers and sellers. Therefore, if a dispute arises, the customer and seller should release us (and its agents and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
- We will not be liable to the seller or any other person for any cost of cover, recovery, or recoupment of any investment made by the seller in connection with this agreement, or for any loss of profit, revenue, business, or data, or punitive or consequential damages arising out of or related to this agreement (whether in contract, warranty, tort (including negligence, product liability, or other theory) or otherwise).
14. Force Majeure
We, etourshopping.lk shall not be responsible to the seller or be deemed in violation of this agreement as a result of any delay or failure to execute any of our duties if the delay or failure was caused by a cause beyond our reasonable control. Without limiting the generality of the preceding, the following are factors are considered outside our reasonable control:
- Sabotage, insurgency, civil unrest, or requisition; an act of God, explosion, flood, tempest, fire, or accident; war or danger of war; sabotage, insurgency, civil disturbance, or requisition;
- Any governmental, legislative, or municipal authority’s acts, limitations, rules, bylaws, bans, or measures of any sort;
- Import or export restrictions or embargoes ;
- Traffic disruptions, strikes, lockouts, or other industrial actions or trade disputes (whether affecting etourshopping.lk or third-party workers);
- Production or operation halting, difficulty acquiring raw materials, labor, fuel, components, or machinery;
However, we may, at our discretion, suspend delivery/performance entirely or partially while such circumstances persist, and we will not be liable for any loss or damage incurred by the seller as a result of such suspension, including but not limited to the seller’s failure to fulfill any contract with a customer.
15. Duration and Termination
This agreement is valid for one year and is extendable until one of the parties decides to terminate this. Also, the seller may terminate this agreement upon thirty (30) days notice made by a registered letter with a receipt of acknowledgment. Besides, etourshopping.lk has the right to terminate this agreement with immediate effect by written notice to the seller, owing to any of the below reasons, in addition to any other rights or remedies it may have at law or in equity.
- A violation of any guarantee or representation made by the seller under this agreement or other contract;
- The seller breaching any duty under this agreement or any contract and failing to rectify the breach within seven (7) business days of our written notice of the violation;
- The seller adopting a winding-up resolution or a court of competent jurisdiction ordering the seller’s winding-up or dissolution;
- The entry of an administration order against the seller, the appointment of a receiver, or the creation of an encumbrance on or sale of any of the seller’s assets;
- The seller reaching an agreement or settlement with its creditors in general, or seeking protection from its creditors in a court of competent jurisdiction;
- The seller stopping to do business or threatening to do so;
We reasonably anticipate that any of the foregoing occurrences will occur in regard to the seller and notify the seller accordingly. However, any contract that is currently in effect will be unaffected by the termination of this agreement, and thus, the seller will be obligated to execute any contract with the customer that they have already entered in. Upon termination of this agreement, the parties will satisfy all outstanding liabilities.
16. Assignment
Without our previous written approval, the seller may not assign this agreement or any contract, or any portion thereof, or any money payable hereunder. If approval is given, the seller’s assignment will not raise or change our responsibilities, nor will it reduce our rights, nor will it relieve the seller of any of its obligations under this agreement or any contract. Further, we maintain the right to assign this agreement in its entirety or in part to any party, including our affiliates. Also, please note that any change in the sellers’ ownership or organization, as well as any changes in the manufacturing or production of the products delivered hereunder, must be promptly notified in writing to us.
17. Notices
The notices we make between the parties would be in written format only.
18. Relationship of the Parties
Anything mentioned in this agreement shall not constitute a partnership, joint venture, franchise, sales representative, or employment relationship between the parties, or impose any responsibility on etourshopping.lk in respect to the seller other than as a commission agent as expressly stated in this agreement.
19. Modifications
The seller should understand and agree that we may, in our sole discretion, modify, amend, or change any of the Terms and Conditions, or Policies. However, such amendments shall take effect and be binding on the seller upon their posting on the seller center or the platform, and the seller is responsible for reviewing these locations on a regular basis, to evaluate the existing agreement (including the platform policies).
We may also inform the seller about these modifications via email. If the seller continuously accesses the seller center and uses this platform even after posting such modifications, it is believed to be a sign of acceptance for all the modifications made. However, the seller is given fourteen (24) days to accept the modifications and to inform us about any disagreement via email or seller center. Getting no response from the seller is deemed as an agreement for the made amendments.
20. Fulfillment Model
When sellers register on this site, they will be considered to operate on the dropship. The following sections will further specify the terms and conditions that govern their performance on this platform.
20.1 Inventory Management
- The seller should maintain inventory of all products displayed on the site. Further, the sellers are responsible to update their true inventory on a daily basis through the Seller Center.
- By chance, if the seller has a reasonable expectation that any products sold through the online marketplace may run out of stock, it must update the inventory information in the Seller Center immediately.
- However, if a customer places an order for an out-of-stock product on the platform as a result of false inventory information displayed on the site, the order will be canceled, and the customer will be informed about it. Still, it would be a reason for us to take legal actions against that specific seller, for providing false information on the platform.
20.2 Order Processing and Packaging
- When we receive an order for the purchase of products, we will be forwarding the order to the seller. Accordingly, the seller will be provided with information relating to the ordered product(s) including the seller’s product or bar code relating to the product(s), as well as any other information needed to complete the order – as provided by the customer. This information will be shared with the seller through the seller center. The Order Status on the Seller Center will be displayed as pending and is a confirmation of an order placed by a customer.
- The seller is required to process and package each order in such a way that any and all sold products have a Handling Time that is determined by the seller’s position in the customer protection policy. In the event of any delay, whether actual or anticipated, the Seller must promptly notify us using the Contact Us Form.
- By chance, if an order/item status is indicated as “canceled” on Seller Center prior to shipment, no package should be handed over to the shipping service.
- The sellers should adhere to the guidelines specified within the packaging guidelines when selecting packaging materials for the orders.
- The invoice, shipping label, and returns form issued by the Seller Center must be printed and packed with the shipment package for sure.
20.3 Shipping and Shopping Fulfillment
The Seller shall retain entire and undisputed ownership of the sold product(s) until it is successfully delivered to the customer, and at the moment of delivery, the ownership of the product will be transferred to the customer. By chance, if a customer returns or rejects a certain product, the title and ownership of the product will immediately revert to the seller, who will be the single and uncontested owner of the product. Accordingly, etourshopping.lk will never hold ownership of the products at any time, under any circumstance.
Further, by accessing and using this site, the seller acknowledges and agrees that,
- None of the third parties, including the shipping service and etourshipping.lk, shall be liable for any damage, including but not limited to taxes and charges imposed on the consignment as a result of shipments being confiscated by government authorities for lack of necessary documentation.
- We and the shipping service have the right to inspect any cargo for the purpose of verifying the contents without previous notice to the seller. Still, it should be noted that this inspection is not deemed to be a duty of us, nor the shipping service. Therefore, it is the sole responsibility of the seller to ensure that the customer receives the proper product(s).
- To fulfill the needs of any governmental entity, all packages must be accompanied by the appropriate paperwork as specified by law.
- If the order/item status is listed as “canceled” on the seller center prior to shipping, no parcel should be handed over to the shipping service.
- The seller recognizes that etourshhopping.lk is not responsible for any payments made to the customer for canceled packages.
- For the avoidance of doubt, repeated violations of this policy will result in etourshopping.lk delisting on the seller’s business.
20.4 Cancellation, Rejections, Returns, and Refunds
- The sellers should understand and agree that a customer may cancel an order for any product in any category before it is sent to the customer.
- If a customer cancels an order before it is marked shipped, the seller will not dispatch any canceled status orders to the shipping service. Any such shipping, as well as any liabilities associated with it, will always be the seller’s responsibility.
- When a product is rejected, and/or the product is returned, the seller should allow etourshopping.lk to provide the customer with a refund, if the customer has pre-paid for the product and cancels the purchase before it is sent.
- Unless otherwise indicated in the Returns and Refund Policy for a specific category of products, the seller will accept product returns in the following circumstances:
- Defective/Malfunctioning Product
- Incorrect Product
- Incomplete Product
- The customer changes his or her mind about the product or no longer need it (applicable for certain categories only)
- The item is new, unused, unwashed, and free of defects.
- Original tags, user manuals, warranty cards, freebies, and accessories are all included in the package.
- The goods are returned in the manufacturer’s original, undamaged packing/box.
- In the event of a return, etourshopping.lk may bill the seller for the cost of shipping the product from the customer to us, or the seller, at its discretion.
- We protect the seller in the event of returned items by conducting a quality control check to evaluate the validity of the customer’s return claim. By chance, if we identify that a customer has returned a product based on an invalid reason, the product will be returned to the customer.
- In the event of a disagreement with the customer over the state of the product at the time of delivery, the seller undertakes to be bound by our investigation and judgment on the condition of the product at the time of delivery.
- The seller will either repair the damaged product within the specified timeframe or authorize us to issue a full refund at the customer’s request. Unless the seller instructs us to dispose of the product, the damaged product may be delivered to the seller at the seller’s expense.
- However, we may bill the seller for the cost of sending the replacement product to the customer at its discretion.
- The seller agrees to be bound by the Returns and Refund Policy and to act in accordance with it. If there is a disagreement between the Returns and Refund Policy and the Terms of Service, the Returns and Refund Policy will take precedence.
20.5 Additional Services
- Pick Up: The seller has the option of using pick-up service, in which we will collect the processed package from the seller before delivering it to the end customer. However, we have the right to impose a pick-up fee and deduct it from any payments received to the seller for the sale of any product(s).
- Packaging and Processing (Cross-dock): Once the seller has given over the products through drop-off or pick-up, we are responsible for processing and packaging the order. The seller only needs to make the product that the client has purchased available to us. We may have the right to levy a cross-docking fee and deduct it from any payments received to the seller for the sale of any product(s).
21. 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.