Acceptance of Terms & Conditions Contained Herein:
Bazaaa (“Bazaaa”) owns and operates Bazaaa.com (the “Site”), and provides information, products and services on the Site to you, the user, conditioned upon your acceptance, without modification, of these terms and conditions contained herein. Your use of any of the Site constitutes agreement with the terms and conditions of use set forth herein (the “Terms”). Bazaaa reserves the right, at it’s sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the Site following the posting of changes to these Terms will mean that you accept and agree to be bound by those changes. Use of the Site constitutes full acceptance of and agreement to the Terms. If a user does not accept the Site’s Terms, he or she is not granted rights to use the Site as defined herein, and should refrain from accessing the Site. Bazaaa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the Site (or any part thereof). Bazaaa shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
Terms & Conditions:
The Site will sell products by accepting online orders from online users (the “Visitor”) and, upon receiving payment of the purchase price and accepting the order, will organise the shipping of the purchased products from the vendors and suppliers of the purchased products to the delivery address provided by the Visitor (the “Service”). The following terms and conditions govern the use of the Site and its Services (the “Terms”). Any Visitor who wishes to place orders with the Site is asked to carefully read the Terms beforehand, as usage constitutes unconditional acceptance of all terms and conditions herein.
i. No Unlawful or Prohibited Use
By using the Site, you warrant to Bazaaa that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful under applicable law or prohibited by these Terms, or to solicit or encourage the performance of any illegal activity or other activity which infringes the rights of Bazaaa, its affiliates or other individuals. If you violate any of these Terms, your permission to use the Site automatically terminates.
ii. Restrictions on Use of Sites
You may not copy, reproduce, distribute (including mirroring, data-mining or data scraping), transmit, publicly display, upload, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Sites or any content, information, products or services obtained from the Site, for any commercial purpose or enterprise.
You may not: (a) use any automatic device, program, algorithm or methodology, or engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent process to access, acquire, copy or monitor any portion of the Site or any content on the Site; (b) decompile, disassemble or reverse engineer the Site or any portion thereof or (c) attempt, by hacking, password “mining” or any other means to gain unauthorized access to the Site, any portion or features of the Site or any of the products or services offered on or through the Site. You may not the use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other individual’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You may not breach the security or authentication measures on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Bazaaa or its affiliates, to its source, or exploit the Site or any product, service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by a Site. You may not upload, post or transmit to, distribute or otherwise publish through the Site any materials that restrict or inhibit any other user from using and enjoying a Sites, constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.
iii. Characteristics of Products
Most of the products sold in the Site are made for the Asian market and may not conform to the standards in the country of delivery. Unless otherwise specified, all instruction manuals that accompany the products and packaging, including any displays on the products may by default be in an Asian language. Also, unless otherwise specified, all electronics comply with an Asian electrical standard depending on the country of origin. Where there is doubt, it is the duty of the Visitor to inquire and verify with Bazaaa on the characteristics of the products. The characteristics including its illustrations, photographs and written descriptions, are supplied or based on characteristic informations supplied by the originator, vendor or supplier of the product. They do not constitute a direct representation by Bazaaa as to the true nature of the product.
iv. Retail Prices & Costs
1. The retail price and other costs for each product are shown in USD ($). The retail price for each product is the price that the Visitor is obligated to pay when the Visitor sends the Shop a purchase order (the “Order”). The Visitor must also pay all associated shipping costs to ship the product from the vendor’s, supplier’s or originator’s facilities in their designated country to the Visitor’s delivery address. The final purchase price, which includes shipping costs, is displayed in the shopping cart after the Visitor clicks “Checkout”.
2. Depending on the law in the country of delivery the products purchased by the Visitor may be subject to tax or import duty. The Site is not responsible for paying any such tax or import duty and is unable to define or pre-collect any such taxes or duties. If the Visitor has any questions regarding the applicability of tax or import duty on any purchase from the Site, the Visitor should contact the appropriate local customs office before placing an order. The Site will not declare that any purchased products are a gift or have a lower value than the retail price.
v. Ordering Process
1. Prior to placing an Order for a product, the Visitor will be required to enter certain required information on the Site’s designated web pages and submit such information over the Internet to the Site. Orders may be placed 24 hours a day.
2. As part of the process of placing an Order, the Visitor will be required to confirm the Order on the Site’s order confirmation webpage (the “Confirmation Page”) which has been labeled Checkout. On the Confirmation Page the Visitor will be asked to review and confirm their name, delivery address, shipping method, billing address, payment method, product details and price. The Visitor will be able to correct any mistakes or edit choices on the Confirmation Page prior to clicking the “Confirm Order” button. Once the Visitor clicks the “Confirm Order” button the Order is transmitted to the Site, which creates a binding offer by the Visitor to purchase the product (the “Order Confirmation”). The Site holds the right to accept or reject the binding offer submitted by the Visitor, within its discretion. Order’s may be periodically rejected after it has been placed.
3. The sale and purchase contract between the Visitor and the Site becomes effective when the Visitor receives the Order Acceptance E-mail.
4. If the Customer does not receive an Order Acceptance E-mail within 72 hours after placing an Order, the Order may not have been received by the Site. In this case, the Site requests that the Visitor resubmit the Order.
vi. Changes & Cancellations
The Site will contact the Visitor by telephone or e-mail to inform or confirm the Order status if the product cannot be delivered at all or cannot be delivered for a long period of time. This may happen in rare occasions because the product is no longer available, out of stock or if errors are found in the Order Acceptance E-mail. If the product cannot be delivered at all, the Site and the Visitor agree that the Order will be rescinded and the Visitor will receive a full refund of the purchase price, including any associated shipping costs.
In case of a product being out of stock for a long period of time, the Site and the Visitor may agree upon a delivery that is as close as possible to the originally scheduled delivery date or, both the Visitor and the Site may agree to rescind the Order. Where the Order is rescinded, the full refund of the purchase price, including any associated shipping or other costs, will be refunded to the Visitor without any penalty. A short delay in delivery shall, however, not entitle the Visitor to rescind the Order.
vii. Payment & Due Dates
The Visitor may choose one of the following payment methods (where offered):
1. Credit Card
a. The Shop accepts VISA, VISA DEBIT and MASTERCARD and any other cards accepted by the Site’s payment provider.
b. The terms and conditions of Stripe company, which are available on its website, will apply to all credit card payments made by the Visitor.
c. Stripe will be accountable for the security of the transaction and the Site does not warrant or guarantee the security of sensitive informations held by Stripe.
2. The Site confirms the Visitor’s payment by e-mail to the Visitor immediately after receipt of the funds.
3. In the event of a refund, Stripe will process the refund expediently.
1. Orders will be processed after receipt of payment. With the exception of products in the Site’s stock, the Site buys items specifically for each Order; as such products may be sourced and/or shipped directly from an external supplier and vendor.
2. The Site will direct the delivery of the products to the delivery address provided by the Visitor. However, the Site is not responsible for any damage or loss of the product after the products have been shipped.
3. Several products ordered in a single Order are generally delivered in one shipment.
4. The Site reserves the right and discretion to choose the delivery courier.
5. The Site typically organises the delivery of the product within 7 business days from the day the Site has received the payment, unless stated differently in the article description. Actual delivery times will vary depending on the destination.
ix. Transfer of Title
Ownership of the products transfers from the Site to the Customer on the condition that and at the time the Site receives full payment.
x. Returns & Exchanges
The following Terms & Conditions cover the specific situations and manner, the Site processes refunds & exchanges.
1. If the product delivered is different from the product the Visitor ordered, the Visitor by calling or sending an e-mail to the Site within seven days after receipt of the product. However, the product can only be exchanged for the original product ordered and not for any product different from the ordered product.
2. If the Visitor wishes to return the product because the product is defective or is spoiled or is damaged, and these problems are not associated or attributable to the shipping process but persist as a result of its manufacturing or production. The Site will, at its discretion, tender a refund and/or replacement, if within 4 days of the receipt of the product, the Visitor notifies the Site of the problem with distinct evidence supplied in email including photographs or video of the problem. In addition, the Visitor must ship the product back to the Site at its specified address and will have to bear the original shipping costs.
3. All returns must be packed correctly to be accepted.
4. Returnable products must be returned within 9 days from the date on which the return was accepted.
5. Notwithstanding the foregoing, the Visitor may not exchange the product in following circumstances:
a. When the Visitor contacts the Shop on or after the 9th day after the delivery.
b. When the product tags, price tags, labels, etc. have been removed from the product.
c. When the product has been used, damaged, broken or changed by the Visitor or the product package has been opened or the product package has been damaged, broken or destroyed.
d. Customised and sanitary products are generally excluded from return.
e. The Visitor does not like the product, or the product did not meet the Visitor’s personal satisfaction. In these instances, the Visitor is advised to provide a review in the form of a comment.
Warranty in relation to the product will be provided by the manufacturer of the product pursuant to the terms and conditions as set forth in the warranty certificate or other document attached to the product.
Prior to returning any product for warranty related issues, the Visitor shall contact the Site for consultation regarding the return, either by e-mail or telephone, and after receiving the Site’s confirmation may ship the complete product to a specified address the Site provides.
The Visitor shall enclose a short description of the malfunction and the original invoice with the product.
The Site will process the warranty claim, on behalf of the Visitor, with the manufacturer of the product. However, all warranty claims will be evaluated by the product’s manufacturer and the Site is not responsible if the manufacture determines that the problem with the product is not covered by the warranty or the claim is invalid.
The Site will not accept any returned products that are not properly packaged and affixed with the correct postage. Shipping costs back to the Visitor are at the Visitor’s responsibility unless the manufactures evaluates the warranty claim to be valid. Intentional or accidental damage due to neglect or improper packaging by the Visitor are not covered under the warranty and, where this is found to be the case, the product will be returned to the Visitor at the Vistior’s cost.
xii. Damages during Shipping
If, upon receiving a product, the Visitor notes any major damage to the packaging and/or the product itself, the Visitor shall immediately file a report with the shipper or the shipping company. The Visitor shall also notify the Site by e-mail, attaching a damage report and, if possible, a photo as proof. The Site will may assist in procuring reparations and redress from the shipping company but is ultimately not responsible for the product after the item has been shipped.
The Site is not liable for any losses, damages, costs, or expenses incurred by the Visitor or any third party resulting, whether directly or indirectly, from the use of the product unless otherwise stipulated in the Terms or such damages are attributable to the Site.
- Indemnity; Disclaimer; Limitations of Liability. Each user shall indemnify, defend and hold harmless the Site, its suppliers, licensors and partners and each of their respective parent corporations and affiliates and their respective officers, employees and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees due to or arising out of that user’s acts or omissions, including claims arising out of that user’s use or misuse of the Site; his or her submission, posting or transmission of Content or his or her violation of these Terms. EACH USER’S USE OF THE THE SITE IS AT HIS OR HER SOLE RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE SITE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, THE SITE MAKES NO WARRANTY THAT (A) THE SITES OR ANY PRODUCT, SERVICE OR INFORMATION THEREON WILL MEET YOUR REQUIREMENTS, (B) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (D) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF THE SITE’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY SITES OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR ANY OTHER MATTER RELATING TO THE SITES. IN NO EVENT SHALL THE SITE’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN THE SITE AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, THE SITE DOES NOT AND CANNOT CONTROL THE ACTIONS OF THE SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITE. OPERATION OF THE SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY THE SITE. Any claim or cause of action arising out of or related to use of the Sites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
1. Actual product colors may differ slightly from their appearance on the computer screen.
2. If a Visitor’s Order data is lost due to the malfunction of equipment related to the Service or of internet transmission circuits, the Site may unconditionally and immediately terminate the Contract without any notice to the Visitor.
3. System malfunctions may sometimes prevent or delay e-mails from the Visitor to the Site. The Site is not liable for any losses, damages, costs, or expenses incurred by the Visitor arising out of, whether directly or indirectly, any non-delivery or delay in delivery of the Visitor’s e-mail.
4. The Terms may be changed without notice to the Visitor. The Visitor is responsible for confirming such changes if they are available on the Site’s website. However, if a product is ordered before such change in Terms is made available on the Site’s website, the former terms and conditions will apply.
5. The governing law of these Terms and any contract formed under these Terms is the law of the United Kingdom, excluding its choice of law rules. The Visitor and the Site agrees that the English Courts shall have exclusive jurisdiction and that any lawsuit arising between the Visitor and the Site related to the Service shall be submitted to one of those courts, as the case may be.
6. By providing an international shipping address the Visitor is becoming the importer of the products to the foreign country, and as such the Visitor must be aware of all applicable laws and import duties specific to the country of import. The Site is not responsible for the compliance with foreign law.