Welcome to Peacocks.com.bd. By using the Peacocks.com.bd website and any related service or tool, you agree to the following terms with Peacocks. If you have any questions, please contact Customer Service.
In this ‘Terms And Conditions’, what is intended to be ‘User Agreement’, ‘Peacocks.com.bd’ is individually and collectively referred to as " Peacocks ", "we" or "us.
Some Peacocks services may have additional or other terms that we provide to you when you use those services.
3. COPYRIGHT AND OTHER RIGHTS
All content included in or made available through any Peacocks Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Peacocks or its content suppliers and is protected by Peacocks.com.bd.
Other than to the extent necessary to use any Peacocks Service for its permitted purpose and in accordance with these Conditions of Use and the applicable Service Terms, you may not copy, extract and/or re-utilize any content of any Peacocks Service without our express written consent, including, without limitation, any product listings, descriptions, prices and account information. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of any Peacocks Service or its content, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Peacocks Service or its content without our express written consent.
4. YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password. Except to the extent caused by our breach of this Agreement, you are responsible for all activities that occur under your account regardless of whether the activities are authorized by you or undertaken by you, and we are not responsible for unauthorized access to or use of your password or account. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be used in an unauthorized manner. You must ensure that the details you provide to us are correct and complete, and inform us of any changes. You can access and update certain information you have provided to us, and your account settings, in the Manage Account area of the website.
You may not use any Peacocks Service: (i) in any way that causes, or is likely to cause, any Peacocks Service, or any access to it to be interrupted, damaged or impaired in any way, (ii) in any way that may interfere with or harm any other user of an Peacocks Service; (iii) for fraudulent purposes, or in connection with a criminal or other unlawful activity, or (iv) in any manner that is not permitted under these Conditions of Use and the relevant Service Terms.
If we have concerns with your account, or activity relating to your account, or if you are in breach of applicable laws, these Conditions of Use, or the relevant Service Terms, we reserve the right to take action on your account in accordance with these Conditions of Use, and the relevant Service Terms, including without limitation by (i) refusing service, (ii) suspending or restricting access to your account, (iii) terminating your account; or (iv) removing or editing content you post using your account. The action we elect to take and any notice you may receive will vary depending on the Peacocks Service, the circumstances and our assessment of relevant factors. Suspension or termination of a Peacocks Service may occur in connection with, or result in suspension or termination of other Peacocks Services. At any time, you may, in accordance with the applicable Service Terms and using the tools and settings we make available to you for each Peacocks Service, cease using any Peacocks Service, terminate your account or the Peacocks Service, or remove or edit certain content and material you post.
5. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send communications; and submit suggestions, ideas, questions or other material, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You must not post or send any content that contains software viruses, or that comprises political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any such content or communication. We reserve the right (but not the obligation) to remove or edit such content. .
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Peacocks a non-exclusive, royalty-free and fully sub licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Peacocks, its sublicenses and transferees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, as applicable, you: (i) consent to any infringement of; and (ii) agree to waive, any right you have to be identified as the author of such content and any right you have to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Peacocks, at our request.
You are responsible for your content and you represent and warrant that you own or otherwise control all of the rights to the content and material that you post and that, as at the date that the content or material is posted it: (i) is accurate; (ii) complies with these Conditions of Use and any applicable Service Terms; and (iii) does not breach any applicable laws. You agree to indemnify Peacocks for all claims brought by a third party against Peacocks arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to remove the content or material when we receive from a relevant party a valid Notice Form as described in these conditions relating to the content or material.
6. USING PEACOCKS
While using the Peacocks services, you will not: • post content or items in our sites and services; • infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies; • use the Peacocks services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Peacocks services; • manipulate the price of any item or interfere with other users' listings; • circumvent or manipulate our fee structure, the billing process, or fees owed to Peacocks; • post false, inaccurate, misleading, defamatory or offensive content (including personal information); • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to Peacocks); • transfer your Peacocks account (including Feedback) and user ID to another party without our consent; • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes; • distribute viruses or any other technologies that may harm Peacocks or the interests or property of Peacocks users; • export or re-export any Peacocks tools except in compliance with the export control laws of any relevant jurisdictions; • copy, modify or distribute rights or content from the Peacocks services or Peacocks copyrights and trademarks; or • harvest or otherwise collect information about users, including email addresses, without their consent.
7. ABUSING PEACOCKS
Peacocks and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
If you believe that your intellectual property rights have been violated, please notify our Support Team and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the Peacocks services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Peacocks services.
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Peacocks Services only with the involvement of a parent or guardian.
9. FEES AND SERVICES
Joining Peacocks and browsing Peacocks.com.bd is free. Unless otherwise stated, all prices and charges are quoted in Bangladeshi Taka. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. You will be notified via email, SMS or phone call, if additional charges need to be added in your order invoice.
10. SHIPPING CHARGES
Shipping charge depends on product type, product quantity, delivery type and shipping location etc.Each order invoice charges shipping cost individually. We will notify you (via- phone call, email or SMS) before we dispatch your order, if any additional shipping charges are required. Regular shipping charges can be found in ‘Checkout’ page.
11. PRODUCT DELIVERY
Each campaign has it's own individual product delivery system, which can be found in campaign details ('Offer Detail') page. Normally we will deliver or ship your order within 3 working days after the campaign (Offer) ends. If your order does not contain any product, which is already under a running campaign, we will deliver or ship your order within 3 working days. Delivery or shipping might take longer time due to any major event which includes, huge promotional offer, political unrest, political event, national/public holidays, etc.
12. Order Cancellation
Peacocks retains unqualified right to cancel any order at its sole discretion prior to dispatch and for any reason which may include, but not limited to, the product being mispriced, out of stock, expired, defective, malfunctioned, and containing incorrect information or description arising out of technical or typographical error or for any other reason.
Customer can apply for an order cancellation request before the order is dispatched. We will notify you via phone call, email or SMS to let you know if the cancellation application was accepted.
13. RETURNS AND CANCELLATION POLICIES
13.1 CANCELLATION POLICIES
Unless one of the exceptions listed below applies, you can cancel your order at no cost any time before we send the Dispatch Confirmation relating to that product(s).
Cancellation request may be submitted via ‘My Orders’ section of the website.
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to: • the supply of goods made to your specifications or clearly personalized; • the supply of goods which may deteriorate or expire rapidly; • a service if Peacocks has fully performed it and you accepted when you placing the order that we could start to deliver it, and that you could not cancel it once delivery had started;
13.2 RETURNS POLICY
You may apply for return most new, unopened items sold and fulfilled by Peacocks within 3 days of receipt of delivery for a full refund of the purchase cost of the item.
Peacocks Do Not Accept ‘Change of Mind Returns’.
Conditions applying for returns: Unless otherwise stated in this Policy: i. Return is applicable only if, received products- (a) did not match invoice’s product details. (b) were in damaged condition when received. (c)expired; defective; malfunctioned. ii. All item packaging, documentation (boxes, manuals, warranty cards, etc.) and certificates of authenticity, grading, and appraisal must be returned with the returned items. Packaging must be unopened and seals intact (where applicable). iii. Items must be in new and unworn condition. iv. Any items that, because of customer negligence, misuse or tampering are, damaged, missing parts or in unsellable condition, will not be accepted for return. v.Products which are bespoke, have been made to measure, altered, or personalised to your specification will not be accepted for return. vi. Any item(s) that have been resized, damaged or otherwise altered after delivery will not be accepted for return.
We will notify you via phone call, email or SMS the status of your return application.
13.3 STATUTORY RIGHTS AND REMEDIES
Our cancellation and returns policies apply in addition to other rights and remedies a person may have under law including under the National Consumers Right Protection.
14. Customer Demerits
Misusing, or abusing of Peacocks services, or violating any terms and conditions will cost you demerit points. Having Three (3) or more demerit points will ban you from using Peacocks services temporarily or permanently. Demerit point system listed below. i. Posting inappropriate (illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable) texts or images in product review section: 0.50 point. ii. Intentionally misusing Cash On Delivery system, such as, posting an order for malicious purposes, then not receiving the order intentionally: 1.00 point.
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
2. PERSONAL DATA WE COLLECT AND PROCESS
We collect your personal data when you use our Services, create a new Peacocks account, provide us with information via a web form, add or update information in your Peacock’s account, participate in online community discussions or otherwise interact with us. In total, we collect the following personal data:
2.1 Personal data you provide when using our Services or creating a Peacocks account
i. Data that identifies you, such as your name, address, phone numbers, email addresses, your username number that you provide when setting up your Peacocks account or at a later date. ii. Data regarding purchases, or sales that you provide in a transaction. iii. Content that you share with other users through our services. iv. Financial information (e.g. credit card and account numbers, transaction details, and form of payment). v. Delivery, billing, and other information you provide, as well as information required for shipping orders. vi. You may provide us with additional information through a web form or by updating or adding information to your Peacocks account, by participating in community discussions, member chats, enquiries, dispute resolution, customer service calls recorded with your consent, or if you contact us for any other reason regarding our Services. vii. Other data that we are required or entitled by applicable law to collect and process and that we need for your authentication or identification, or for the verification of the data we collect.
2.2 Personal data we collect automatically when you use our Services or create a Peacocks account
i. Data that is generated as part of one of your transactions or that is linked to your Peacocks account as a result of a transaction in which you are involved, such as transaction amounts, time and location of transactions and forms of payment or payout method. ii. Data that is generated through your other actions when you use our Services and which is linked to your Peacocks account, e.g. when you place items in your shopping cart, place items on the wishlist, or searches. iii. Data regarding all other interactions with our Services, your advertising preferences, and your communications with us. iv. Location data, including your general location data (e.g., IP address) and the precise location data of your mobile device. Please note that for most mobile devices, you can manage or disable the use of location services for all applications in the settings menu of your mobile device. v. Computer and connection information, such as statistics regarding your use of services from Peacocks, information on data traffic to and from websites, referral URL, information on advertisements, your IP address, your access times, your browser history data, your language settings and your weblog information.
2.4 Personal data from other sources
We also collect personal data about you from other sources and from third parties to the extent permitted by applicable law. In particular, this includes the following data: i. Data from public sources (e.g. demographic data) ii. Data from credit agencies or bureaus (e.g. credit reports/checks, identity confirmation, data for risk modeling and setting of credit limits) iii. Data from data providers (e.g. "Know Your Customer"/identity verification, demographic, interest-based and online advertising related data)
2.5 Social network data you share with us
i. We allow you to use social networks (such as Facebook) or other providers of single sign-on services (such as Google or Apple) with whom you already have an account to create an Peacocks account or to link your Peacocks account to such single sign-on services. You can determine the personal data that we can access when authorizing the connection with the single sign-on service. ii. We allow you to share personal data with social networks (such as Facebook) or to link your Peacocks account to a social network. These social networks may automatically provide us with access to certain personal data they have stored about you (e.g. content you have viewed or enjoyed, information about the advertisements you have been shown or clicked on, etc.). You can determine the personal data that we can access through the privacy settings of each social network. iii. If you give us access to video content pages, your grant of access is your consent that we may, for at least two years, or until you withdraw your consent or are no longer connected to the social network, share with and collect from social networks information regarding your viewing of videos. iv. We may also use plug-ins or other technologies from various social networks. If you click on a link displayed through a social network plug-in, you voluntarily connect to that social network.
3. PURPOSES AND LEGAL BASIS FOR DATA PROCESSING AND CATEGORIES OF RECIPIENTS
We process your personal data for various purposes and based on several different legal bases that allow this processing. For example, we process your personal data to provide and improve our Services, to provide you with a personalized user experience on this website, to contact you about your Peacocks account and our Services, to provide customer service, to provide you with personalized advertising and marketing communications, and to detect, prevent, mitigate and investigate fraudulent or illegal activity. We also share your information with third parties, including service providers acting on our behalf, for these purposes. Below you will find a summary of the purposes for which we process your personal data, including the categories of recipients to whom we transmit personal data for the purposes stated, sorted by our legal basis for this processing or sharing:
3.1 We process your personal data in order to fulfil our contract with you and to provide you with our Services. This includes the following purposes:
3.2 Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
i. Other Peacocks users ii. External service providers and shipping companies iii. Payment service providers iv. External operators of websites, applications, services and tools.
3.3 We process your personal data in order to comply with legal obligations to which we are subject. This includes the following purposes:
i. Participation in investigations and proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating and prosecuting illegal acts. ii. Prevention, detection and mitigation of illegal activities. iii. Complying with information requests from third parties based on any statutory information rights they have against us (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity). iv. Ensuring the information security of our Services.
3.4 Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
i. Law enforcement agencies, courts, government agencies or public authorities ii. Third parties based on statutory information claims against us iii. Third-party service providers iv. Third parties who are involved in judicial proceedings, in particular, if they submit a legal order, court order or equivalent legal order to us. v. Third-party service providers to assist us with the prevention, detection, mitigation, and investigation of potentially illegal acts. vi. Credit agencies, bureaus or associations, if required by applicable law (e.g. information on payment delays, payment defaults or other irregularities that may be relevant to your credit report).
3.5 We process your personal data in order to protect your vital interests or the vital interests of another natural person. This includes the following purposes:
i. Prevention, detection, mitigation and investigation of unlawful activities that may result in impairment of your vital interests or the vital interests of another natural person, unless there is a statutory obligation to this effect.
3.6 Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
i. Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies ii. Third parties who are involved in judicial proceedings iii. External service providers.
3.7 We process your personal data where necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms. In order to reconcile our legitimate interests with your rights, we have introduced appropriate control mechanisms. On this basis, we process your data for the following purposes:
i. Participation in proceedings (including judicial proceedings) conducted by courts, law enforcement agencies, government agencies or public authorities, intergovernmental or supranational bodies, in particular for the purpose of detecting, investigating and prosecuting illegal acts, unless there is a statutory obligation to this effect, and we may legitimately assume that the disclosure of the data is necessary to avert imminent disadvantages or to report a suspicion of an illegal act. In such cases, we will only disclose what we believe is necessary, such as your name, city, postcode, telephone number, email address, (previous) usernames, IP address, fraud complaints, buying and listing history. ii. Protection of the legitimate interests of third parties in connection with civil law disputes, unless there is a statutory obligation to this effect, if we may legitimately assume that it is necessary to disclose the data to such third parties in order to avert imminent disadvantages. iii. Prevention, detection, mitigation and investigation of fraud, security breaches and other prohibited or unlawful activities, including the assessment of corresponding risks unless there is a statutory obligation to this effect. iv. Monitoring and improvement of the information security of our Services, unless there is a statutory obligation to this effect. v. Performance of identity checks, creditworthiness and other financial standing checks, evaluation of applications and comparison of information for accuracy and verification purposes. vi. Provision of functions for users that make the processing of transactions easier or more convenient (e.g. administration of several delivery addresses). vii. Analysis and improvement of the Services from Peacocks. corporate family members, e.g. by reviewing site usage data or information from users about blocked or crashed pages in order to identify and solve problems and to provide you with an improved user experience, including as part of product development. viii. Analysis of phone conversations with our customer service that we recorded with your consent. ix. Advertisements by mail (according to your communication preferences in your Peacocks account). x. Notifications regarding promotions and information about our Services after logging into your account. xi. Customization of page content to display the items and services you may like based on the actions you take. xii. Evaluation of the quality and success of our email marketing campaigns (e.g. through analysis of opening and click rates). xiii. Assessment of the service. xiv. Offering of partner and bonus programs and other co-branded marketing efforts, e.g. co-branded credit cards in collaboration with a third party credit card issuer. xv. Provision of shared content and services (such as registration for services, transaction processing and customer service) with Peacocks or cooperating payment service providers. xvi. Initiation, preparation and execution of a company acquisition, e.g. in the event of a merger with another company or takeover by another company. If such an event occurs, we will require the merged entity to comply with this User Privacy Notice with respect to your personal data. Should your personal data be processed for any purpose not specified in this User Privacy Notice, you will be informed in advance of the processing of your data for this new purpose. xvii. Assertion of or defence against legal claims, including those asserted by one Peacocks user against another Peacocks user.
3.8 Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
i. External service providers ii. Other Peacocks users iii. Law enforcement agencies, courts, government agencies or public authorities, intergovernmental or supranational bodies iv. Third parties who are involved in judicial proceedings v. Payment service providers vi. Credit agencies or bureaus, data verification services, risk assessment vendors and collections agencies (e.g. information about payment delays, payment defaults, or other irregularities that may be relevant to your credit report, or that we use to confirm your identity, model risk, establish credit limits, or collect unpaid debts) vii. Other companies in the context of a company acquisition
3.9 With your consent, we process your personal data for the following purposes:
i. Marketing communications by telephone or electronic mail (such as email or SMS), including communications by Peacocks or by third parties, unless these communications are permitted without your consent under applicable law. We may engage third parties to send marketing communications on our behalf. ii. Processing of your precise location data to provide location-based services. iii. Provision of a single sign-on service allowing you to register or log-in to third party services using your Peacocks log-in credentials. iv. Processing of your personal data on the basis of your consent, which you have given so that we or third parties can enable you to use certain services or make them available to you.
3.10 Where necessary, we transmit your personal data to processors and the following recipients for one or several of the purposes described above:
i. External service providers ii. Third parties using our single sign-on service (as authorized by you in each single case) iii. Other third parties with whom we partner to offer you specific services (as described at the collection of the respective user consent) iv. Third-party financial institutions with whom we partner to offer financial products to you, for them to provide joint content and services (such as registration, transactions and customer support). These third-party financial institution partners will use your personal data to send you marketing communications only if you have requested their services
3.11 Main consequences if you do not provide your personal data to us
If you do not provide us with the information we request or if we cannot collect this information from other sources, we may not be able to provide you with our services.
4. STORAGE DURATION AND ERASURE
Your personal data will be stored by us and our service providers in accordance with applicable data protection laws to the extent necessary for the processing purposes set out in this User Privacy Notice. Subsequently, we will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for legal compliance, tax, accounting or auditing purposes). The specific retention periods for personal data are documented in our regional data retention guidelines. How long we retain personal data may vary depending on the Services we provide and our legal obligations under applicable national law. The following factors typically affect the retention period:
4.1 Necessity for the provision of our Services
Consent-based processing of personal data If we process personal data on the basis of consent (including consent to the extended storage), we store the data for as long as necessary in order to process it according to your consent.
4.2 Consent-based processing of personal data
If we process personal data on the basis of consent (including consent to the extended storage), we store the data for as long as necessary in order to process it according to your consent.
4.3 Statutory, contractual or other similar obligations
Corresponding storage obligations may arise, for example, from laws or official orders. It may also be necessary to store personal data with regard to pending or future legal disputes. Personal data contained in contracts, notifications and business letters may be subject to statutory storage obligations depending on national law.
5. COOKIES & SIMILAR TECHNOLOGIES