1. INTRODUCTION
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.
2. SCOPE
Before using the Peacocks services, you must read and accept all of the terms in, and linked to, this “Terms And Conditions” (or “User Agreement") and the Peacocks User Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Policy will apply whenever you use the Peacocks services, or when you use the tools we make available to interact with the Peacocks services.
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.
8. CHILDREN
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.
15. WAIVER
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.