Terms of Use of the Website
WE REQUEST ALL CUSTOMERS TO READ THE TERMS AND
CONDITIONS OF USE PROPERLY BEFORE USING OUR WEBSITE OR ACCESSING ANY
MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. THEREFORE, YOU
USING THE WEBSITE OR SERVICES PROVIDED BY RETAILGENIUS WILL SIGNIFY THAT
YOU HAVE ACCEPTED ALL THE TERMS AND CONDITIONS OF USE INVOLVED &
YOUR AGREEMENT TO BE LEGALLY BOUND BY THEM.
YOUR USE OF THE WEBSITE SIGNIFIES THAT YOU AGREE WITH THE TERMS OF USE.
Services by Retail Genius
Retailgenius is an online platform that facilitates
the online sale and purchase of branded merchandise and services
offered by Retailgenius and its various affiliated/registered
merchants/vendors/service providers at a discounted price.
Eligibility to use the Website
Prices & Payments
Retailgenius attempts to provide You with the best
prices possible on products and services You buy from the Website. You
agree to provide correct and accurate credit/debit card details to the
approved payment gateway for availing Services on the Website. The
information provided by You will not be utilized or shared with any
third party unless required in relation to fraud verifications or by
law. Retailgenius expressly disclaims all liabilities that may arise as a
consequence of any unauthorized use of Your credit/debit card.
Third Party Terms
Retailgenius will accept no liability or
responsibility to the customers for the quality of goods or services
provided by the merchants or any loss, damage or injury that maybe
caused to the customers by any act or oversight whatsoever of the
partnering merchants.
The Website makes available general third party
information such as, product catalogues, lists of authorized dealers,
reports/news, entertainment, technology and features, advertisements
including videos, images and photographs of the products and other data
from external sources ("Third Party Content").
Third Party Content would also be available to You
on the email received by You from Retailgenius. The provision of Third
Party Content is for general informational purposes only. You
acknowledge that the Third Party Content provided to You is obtained
from sources believed to be reliable. Retailgenius does not provide any
guarantee with respect to any the Third Party Content and Retailgenius
shall not be held liable.
Immunity and Limitation of Liability
You agree to indemnify, defend and hold harmless
Retailgenius including but not limited to its affiliate vendors, agents
and employees from and against any and all losses, liabilities, claims,
damages, demands, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon)
asserted against or incurred by Retailgenius that arise out or, result
from obligation to be performed by You pursuant to these Terms of Use.
Furthermore, You agree to hold Retailgenius harmless
against any claims made by any third party due to, or arising out of,
or in connection with, Your use of the Website, any claim that Your
material caused damage to a third party, Your violation of the Terms of
Use, or Your violation of any rights of another, including any
intellectual property rights.
Violation of the Terms of Use
You agree that Retailgenius may, in its sole
discretion and without prior notice, terminate Your access to the
Website and block Your future access to the Website if Retailgenius
determines that You have violated these Terms of Use or Additional
Terms. You also agree that any violation by You of these Terms of Use
will constitute an unlawful and unfair business practice, and will cause
irreversible harm to Retailgenius. Your consent to Retailgenius
obtaining any injunctive or equitable relief that Retailgenius deems
necessary in such circumstances.
You agree that Retailgenius may, in its sole
discretion, and without prior notice, terminate Your access to the
Website, for cause, which includes (but is not limited to):
If Retailgenius does take any legal action against
You as a result of Your violation of these Terms of Use, Retailgenius
will be entitled to recover from You, and You agree to pay, all
reasonable attorneys' fees and costs of such action
Termination Terms
The Terms of Use will continue to apply until terminated by either You or Retailgenius as set forth below, You may do so by:
Retailgenius may, at any time, with or without
notice, terminate the Terms of Use (or portion thereof, such as any
individual Additional Terms) with You if You breach any of the
provisions of the Terms of Use, the Privacy Policy or any other terms,
conditions, or policies that may be applicable to You from time to time
(or have acted in a manner that clearly shows that You do not intend to,
or are unable to, comply to
Any purchase of the Products from the Website
will be strictly for personal use of the User. The User hereby expressly agrees
that any merchandize or Services purchased by the User will not be sold,
resold, bartered or in any way used for any commercial purposes or for profit.
The User hereby acknowledges that the Products purchased are not transferrable
to any third party for profit. Accordingly, RetailGenius reserves the right to
cancel any orders that classify as 'Bulk Order' as determined by RetailGenius
as per certain criteria. Any rewards or benefits provided by RetailGenius and
used by You for placing the 'Bulk Order' will not be refunded. An order can be
classified as 'Bulk Order' if it meets certain criteria adopted by RetailGenius
for the purpose of identifying 'Bulk Order', including but not limited to:
Retailgenius.com is a one stop online market
place (Internet based portal).
You will be eligible to use the website
conditioned on acceptance of all the terms and conditions specified
Any amendments made in the terms and conditions will be at the sole discretion of Retailgenius
Any changes made to the Terms of Use,
Retailgenius shall not have to alert you. The amended Terms of Use shall
be made available on the Website. You are requested to frequently visit
the home page Retailgenius.com to view the current terms
By using the services provided or browsing
the website you agree to the terms and conditions and privacy policy of
Retailgenius. Retailgenius shall not be liable to deliver any items
purchased by customers in locations outside Sri Lanka
The Services/Offers are not offered to
customers under the age of eighteen (18) or to any Users suspended or
removed from the Retailgenius system. You represent that You are of
legal age to form a binding contract and are not a person barred from
receiving services/offers under the laws as applicable in Sri Lanka. You
may avail the Services provided Your legal guardian in accordance with
the applicable laws
Retailgenius reserves the right to refuse
access to use the Services offered at the Website to new Users or to
terminate access granted to existing Users at any time
Notwithstanding anything to contrary,
Retailgenius's entire liability to you under these Terms of Use or
otherwise shall be the refund of the money charged from you for any
specific voucher or product or service, when an unlikely liability
arises
In no event shall Retailgenius, its
officers, directors, employees, partners or suppliers be liable to You,
the vendor or any third party for any special, incidental, indirect,
consequential or punitive damages whatsoever. Including those resulting
from loss of use, data or profits, whether or not foreseeable or whether
or not Retailgenius has been advised of the possibility of such damages
1.The limitations and exclusions in this
section apply to the maximum extent permitted by applicable law
2.Requests by law enforcement or other government agencies
3.Request by You
4.Discontinuance or material modification of
the Website or any service offered on or through the Website unexpected
technical issues or problems
5.Not accessing the Website
6.Closing Your accounts for all the Services that You use
There
may be certain orders that RetailGenius is unable to process or pass on buyer's
order to the seller and must cancel. Some situations that may result in
RetailGenius’s inability to process or pass on buyer's order to the seller
include, without limitation, non- availability of the Website service, force
majeure, credit limitations or suspected fraud
Governing Law
These Terms of Use and all transactions entered into
on or through the Website and the relationship between You and
Retailgenius shall be governed in accordance with the laws of Sri Lanka
without reference to conflict of laws principles. You agree that all
claims, differences and disputes arising under or in connection with or
in relation hereto the Website, the Terms of Use or any transactions
entered into on or through the Website or the relationship between You
and Retailgenius shall be subject to the exclusive jurisdiction of the
courts.
Report Abuse
In the event You come across any abuse or violation
of these Terms of Use or if You become aware of any objectionable
content on the Website, please report to Retailgenius customer support
Privacy Policy
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Retailgenius in respect of the Website.
General Provisions
Notice: All notices of Retailgenius will
be served by email or by general notification on the Website. Any
inquiries to the Terms of Use should be sent to Retailgenius customer
support.
Assignment: You cannot assign or
otherwise transfer the Terms of Use, or any rights granted hereunder to
any third party only Retailgenius has rights under the Terms of Use to
freely transfer to any third parties without the requirement of seeking
Your consent.
Severability: If, for any reason, a
court of competent jurisdiction finds any provision of the Term of Use,
or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible.
Waiver: Any failure by Retailgenius
to enforce or exercise any delivery of the Terms of Use, or any related
right, shall not constitute a waiver by Retailgenius of that provision
or right.
Feedback and Information
Any feedback You provide to this Website shall be
deemed to be non-confidential. Retailgenius shall be free to use such
information on an unrestricted basis and You represent:
Applicable Law
The Site and the Terms and Conditions herein
contained shall be governed and construed in accordance with the laws of
Sri Lanka. By accessing the Site, you agree that the laws of Sri Lanka
will govern all matters relating to the Site without giving effect to
any principles of conflict of laws.
Credit Card
RetailGenius.com uses a technology called SSL
(secure sockets layer) with 128-bit encryption key to keep your personal
information safe and confidential as it travels from your computer to
our servers. SSL is an encryption technology that scrambles/encodes a
message so that only the recipient can unscramble the data. All of the
ordering information you provide is encrypted by your SSL enabled
browser BEFORE it gets sent.
All the payment related information such as Credit
Card Details are collected & kept with the relevant banks while the
rest of the information such as Name, Email, Phone number that had been
collected here is for RetailGenius.com use only. A convenience fee of 3% will be charged on the transaction value for all credit/debit card transactions.
Return Policy
For any payments made online refunds requests has to
be submitted through email : info@retailgenius.com, Depending on the
Cancellation policy your card will be refunded. RetailGenius.com is
committed to providing you with a simple and efficient refund process.
The Amount will be refunded to the Credit Card which was used at the
time of online purchase.
Please note that banks generally take up to 10
business days to process and transfer the funds into your account. Some
banks can take up to 15-30 days, or until your next billing cycle.
RetailGenius.com has no influence over these timescales.
The refund should be converted to your local
currency by your credit card company. How your purchase is processed
will determine what shows on your card statement. However, your
statement will ALWAYS show "RETAILGENIUS" somewhere in the subject line.
Products ordered for commercial resale and
not for self-consumption;
Multiple orders placed for same product at
the same address;
Bulk quantity of the same product ordered;
Invalid address given in order details; or
Any malpractice used to place the order.
Your feedback does not contain confidential/ proprietary information of You or of third parties
Retailgenius is not under any obligation of
confidentiality, express or implied, with respect to the feedback
Retailgenius may have something similar to
the feedback already under consideration or in development
You are not entitled to any compensation or
reimbursement of any kind from Retailgenius for the feedback under any
circumstances
