- Terms & Conditions
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Terms & Conditions
1. User Accounts; Website Use.
1.1. Accounts and Account Registration.
1.1.1. In order to place an order on the Website, you will be required to register and/or set up an account. In order to do so, you may be provided or required to set up an account ("Account") and provide certain information, such as choosing a user name and password, providing payment and other account information ("Account Information"). You agree and represent that all Account Information provided by you is accurate and up-to-date. If your Account Information changes, you agree to update it by using the appropriate update mechanism on the Website. You may not sub-license, transfer, sell or assign your Account to any third party.
1.1.2. You are solely responsible for all fees and payments incurred using your Account, regardless of whether the fees were actually incurred by you. If you have reason to believe that your Account is no longer secure, you must promptly change the affected Account Information by logging in to your account and changing your user name and password, or by contacting Bangalla at email@example.com.
1.2. User's Actions. You agree to use this Website in a lawful, non-commercial, and appropriate manner. You agree to comply with the Terms and any rules related to the Website or other restrictions detailed herein. You agree that you will not: (i) violate the rights of others, including any intellectual property rights; (ii) use any technique or device to bypass, disable, or circumvent the content protection or access control mechanism on the Website; (iii) interfere with other's use of this Website; (iv) introducing any virus, or any other computer code, programs, or files which disrupts, interrupts, destroys or limits the function of the Website; (v) encourage or engage in any conduct that would constitute a criminal offense or give rise to civil liability; (vi) copy, create any derivative works or otherwise violate the copyrights of Bangalla or of third parties, or (viii) violate or breach these Terms.
1.3. Security. When you create an Account or if you are asked to enter sensitive information (such as your credit card number), that information is encrypted and is protected with industry standard encryption 128bit SSL. Although Bangalla has taken reasonable precautions to prevent the unauthorized access and alterations of the Website, no system on the Internet is completely secure. Bangalla has no responsibility for any computer viruses and destructive programs that may be inadvertently downloaded from, or purposely inserted on to the Website. If you wish to have your financial information removed you may contact us at firstname.lastname@example.org to request that your information be deleted from our database. For future transactions, you will be required to re-enter your information.
1.4. Monitoring and Violations. Bangalla is not responsible for monitoring your use of the Website. However, if we discover that you are accessing this Website in violation of the rules, we may take immediate action to terminate your access to the Website. This includes selling products in violation of any manufacturer's IP rights, failing to comply to requests from Bangalla in relation to selling practices on any 3rd party website such as Amazon, or taking any action which is regarded as potentially abusive or discriminatory in anyway to Bangalla, its staff or any customer.
1.5. Children. Bangalla does not sell products for purchase by children. If you are under 18, you are prohibited from using this website. Although Bangalla does not monitor your use, if we discover that you are below the age of eighteen (18), we reserve the right to ban any you from accessing the Website and to delete any Accounts created by such persons.
2. Purchases; Shipping; Returns and Refunds.
2.1. Purchases. Bangalla may charge you fees for goods and services offered for sale on or through the Website with the prices stated on this website as the final price for any product. You agree to pay all fees and charges, including applicable taxes, surcharges, restocking or cancellation fees incurred through your activity on or through the Website, and/or through your Account at the prices listed on the Website and all taxes imposed by any governmental authority. Unless otherwise specified on the Website, all prices will be quoted and charged in U.S. Dollars and prices stated on the website are final and binding regardless of any other pricing or data source. We reserve the right to change the amount of or the basis for determining any prices and to institute new fees and costs effective upon publication of such revised pricing policies on the Website.
2.2 Shipping. Bangalla will undertake shipping of products using a domestic or international carrier of its choicing. All domestic rates are stated on site but may vary on any given order due to over-weight, over-size, out of area shipping as well as duties/customs charges. You agree to pay all shipping, carrier fees and customs charged to you by Bangalla and agree that all ownership of product passes to you once the product is in the hands of the shipping company. A 10% duty prepayment will be due before international orders can be shipped. Any difference in duties will be credited back if applicable. Skus beginning with ECW and ECV may not be shipped internationally. Per special request, it may be arranged at additional shipping charges and processing time. Where you provide Bangalla details of your own third party shipping account then Bangalla will use best endeavours to use that account but where Bangalla is not willing or able to use this service at Bangalla sole election then you will be liable for normal shipping charges levied by Bangalla on all orders shipped on your account. Your shipping with Bangalla is an acceptance of these shipping terms.
2.3. Stock Status. Bangalla will attempt to timely update the status flags showing whether an item becomes unavailable or is discontinued. However, we cannot guarantee that the goods and services advertised on the Website will be available when ordered. Where an item is out of stock Bangalla we will notify you and cancel the order and credit the amount to your Bangalla.com account. When the item becomes available it will be your responsibility to replace the order at your convenience. For orders with more than one item, any in stock items will be shipped, you will be notified, and the out of stock items will be canceled. Any payments made for out of stock items will be will be credited to your bangalla.com account. Bangalla is not responsible for order delays caused by out of stock items.
2.4. Misprints, Abuse. Bangalla does not warrant that the Website or any Bangalla Webstore purchased from this Website, including without limitation product descriptions, photographs of products, and prices are accurate, complete, reliable, current or error-free; and we reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies.
2.5. Warehouses. All orders will be shipped by Bangalla from one of its warehouse locations. The selection of the warehouse is at Bangalla's sole election although efforts will be made to use the closest possible warehouse to the delivery address subject to stock availability. Bangalla may use USPS, FedEx, or UPS for shipping with such determination at Bangalla's election. Please contact Bangalla directly for more details on product shipping.
2.6 Chargebacks or Non-Payment. Bangalla's reserves the right to immediately suspend any users account or services for non-payment of any fee or product charge or where a chargeback is initiated by any user without Bangalla's express written approval. If a chargeback is initiated by mistake please contact Bangalla immediately to avoid disruption to services or product orders. Bangalla will not resume services until all fees and charges owing to Bangalla are paid.
2.5. Summer Shipping Policy.
2.5.1. Bangalla recommends that customers using our product data remove heat sensitive items from their product range and online stores from June to late September to avoid heat related product issues during transport. You are advised to review any order for product items that may be sensitive to melting or tainting due to summer heat prior to order finalization. Customers placing orders are liable for any product damage that may occur due to heat damage. By placing an order for heat sensitive items, customer expressly acknowledges that Bangalla cannot guarantee the quality of any heat sensitive product requested to be shipped and that any extra shipping charges or replacement product costs will be at the sole expense of the customer placing the order.
2.5.2. Customers do have the option to add Summer Foil Wrap to product orders which may be heat sensitive. Wrap must be ordered at time of placing the order. Customer acknowledges that foil wrap will assist in protecting food items shipped but will not in any way fully protect the item and hence customer remains responsible for any product replacement costs for heat damage regardless of whether or not foil wrap was used.
2.6. Product Returns & Cancelled Orders.
2.6.1. Non-Perishable Items. Bangalla does not accept the return of any product order on a dropship basis unless Bangalla is found to have shipped the incorrect, or an expired item. All product returns are to be shipped to Bangalla at 7114 180th Ave NE, B106, Redmond,WA 98052.
2.6.2. Perishable Items. Food and other perishable items are not returnable and non-refundable unless the item is out of date on the date of arrival or the wrong item was shipped. Please contact our customer services at email@example.com for return and credit instructions.
2.6.3. Cancelled Orders. Bangalla does not accept any cancellations once an order has been placed.
2.6.4 Redirected Orders. All redirected orders will incur a $20 redirect fee to cover additional fees levied by FedEx/UPS.
3. MAP Pricing. Users are required to abide by MAP pricing stated on any product. Where Bangalla is notified of violations of MAP pricing then Bangalla reserves the right to cease supply of that product to you.
4. Bangalla's Intellectual Property.
4.1. General Limited License. Bangalla grants you a non-exclusive, limited license to use the Website and to purchase our goods and services. Your use of the Website is strictly limited to such uses in and only in full compliance with these Terms.
4.2. Copyrights. All content on the Website, including images of products and product descriptions are the copyright of Bangalla, have been properly licensed from their respective copyright owners for use on the Website, or is otherwise allowed for use on the Website by law. Except for ordinary access of the Website in accord with these Terms, you are hereby prohibited from copying or extracting such images for any purpose, or linking to these images on any third party website unless you receive express written consent from Bangalla.
5. Third Party Copyrights. Bangalla respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances Account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act please contact:
Bangalla Organic Wholesale, LLC Customer Service 3020 Issaquah Pine-Lake Rd, PMB514 Sammamish, WA, 98075 USA
Or e-mail us at firstname.lastname@example.org.
6. Links with Third Party Sites. Creating or maintaining any link from another website to any page on this Website without Bangalla's prior written permission is prohibited. This Website may contain hyperlinks to websites operated by parties other than the Bangalla. Such hyperlinks are provided for reference only. If you use these links, you will leave this Website. We cannot and do not endorse, guarantee or make any representations or warranties regarding any other website, or content, materials or other information that may be accessible from any other website. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.
7. DISCLAIMER OF WARRANTIES. YOUR USE OF THIS WEBSITE AND YOUR PURCHASE OF GOODS AND SERVICES FROM BANGALLA IS AT YOUR OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. BANGALLA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE WEBSITE OR TO THE GOODS AND SERVICES OFFERED THEREIN. WE PROVIDE THIS WEBSITE, AND ANY GOODS AND SERVICES OFFERED ON OR THROUGH THE SITE "AS IS." BANGALLA EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT OFFERED ON OR THROUGH THE SITE. THE FOREGOING EXCLUSION OF WARRANTIES DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
8. LIMITATIONS OF LIABILITY. BANGALLA, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANYONE ELSE FOR ANY LIABILITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, AS WELL AS ANY GOODS AND SERVICES PURCHASED ON THIS WEBSITE OR THE PAYMENT PROCESSING RELATED THERETO, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
9. LIMITATION OF REMEDIES. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY PRODUCT ORDERED OR SHIPPED AS A RESULT OF AN ORDER ON THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE AND TO REQUEST A REFUND FOR THE GOODS AND SERVICES PURCHASED. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
10. Indemnification. You agree to indemnify and hold Bangalla and its parents, affiliates, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any person due to or arising out of your use of this Website, your connection to this Website or any Bangalla Webstore purchased through this site, your violation of these Terms, or your violation of any rights of another party, or in relation to any products ordered from and shipped by Bangalla on your behalf. This indemnity survives termination of these Terms.
11. Distributor Data; Compliance with Third Party Rules.
11.1. Bangalla hereby grants to those who have created an Account for the purpose of distributing our goods and services ("Distributors") a license to copy, link and use our product images, product descriptions, Skus, price lists and other similar data in its original form ("Distributor Data") for the sole and limited purpose of distributing, selling, marketing, and advertising our goods and services. Distributors are not authoriized to alter any Bangalla product skus or product names and must use original Bangalla provided data when placing any order. Bangalla makes no representations and warranties as to the accuracy or reliability of the Distributor Data and Bangalla specifically disclaims any representations and warranties that the Distributor Data is in compliance with any rules and regulations of any e-commerce site or third party payment processor. Bangalla reserves the right to close a Distributor's Account should a Distributor elects to sell any item in violation of the rules and regulations of an e-commerce site, or violate any provisions of these Terms.
11.2. Each Distributor acknowledges and agrees that each Distributor is solely responsible for any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (collectively "Damages") arising from their use of this Website, any Bangalla Webstore, and or the Distributor Data and their compliance with the rules and regulations of any e-commerce site or third party payment processer site. Distributor shall indemnify Bangalla for any Damages suffered by Bangalla as a result of the Distributor's failure to comply with such rules and regulations.
12. Order Integration Services.
12.1.1. In order to establish Order Integration Services you will be required to register and/or set up an account. In order to do so, you may be provided or required to set up an account ("Account") and provide certain information, such as choosing a user name and password, providing payment, and other account information ("Account Information"). You agree and represent that all Account Information provided by you is accurate and up-to-date. If your Account Information changes, you agree to update it by using the appropriate update mechanism on the Website. You may not sub-license, transfer, sell or assign your Account to any third party.
12.1.2. You are solely responsible for all fees and payments incurred using your Account and the Service, regardless of whether the fees were actually incurred by you. If you have reason to believe that your Account is no longer secure, you must promptly change the affected Account Information by logging in to your account and changing your user name and password, or by contacting Bangalla at email@example.com.
12.1.3 You expressly acknowledge that where Bangalla does not receive monthly service fees for whatever reason or if any product payment is late or withheld for whatever reason that Bangalla may suspend or terminate the order integration service and will not ship any orders received until any fees or charges are fully paid. Bangalla is not responsible for any losses or issues you incur as a result of orders held or not processed due to your failure to pay monthly fees.
12.2. User's Actions. You agree to use this Website and the Service in a lawful and appropriate manner. You agree to comply with the Terms and any rules related to the Website or other restrictions detailed herein. You agree that you will not: (i) violate the rights of others, including any intellectual property rights; (ii) use any technique or device to bypass, disable, or circumvent the content protection or access control mechanism on the Service; (iii) interfere with other’s use of this Service; (iv) introducing any virus, or any other computer code, programs, or files which disrupts, interrupts, destroys or limits the function of the Service; (v) encourage or engage in any conduct that would constitute a criminal offense or give rise to civil liability; (vi) copy, create any derivative works or otherwise violate the copyrights of Bangalla or of third parties, or (viii) violate or breach these Terms.
12.3.Monitoring and Violations. Bangalla is not responsible for monitoring your use of the third party website to which the Service is linked. However, if we discover that you are accessing this Website in violation of the rules, we may take immediate action to terminate your access to the Service.
12.4. Site Access. In order to establish Service with any third-party website, you agree to provide Bangalla temporary access to establish Service links. No further Bangalla access is required providing said links are not in any way interfered with by either you, the third party website provider or any other party. You agree not to tamper with or alter in anyway the integration code established to pass orders to Bangalla.
12.5 Order Process. Bangalla will receive orders from the Service as received on your third party website and will fulfill orders as per our Terms & Conditions providing that Bangalla Skus and Product names are maintained in their original provided form. You are fully liable for all orders passed via the Service and fulfilled by Bangalla. Bangalla is not responsible for lost or missing orders or incorrect data related to non-passing or partial-passing of order data via the Service for any reason whatsoever including any changes to Bangalla product data or skus. Where Service becomes non-operational for any reason, then you are required to manually place all orders via Bangalla.com website or as advised by Bangalla.
12.6. LIMITATIONS OF LIABILITY. BANGALLA, ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES TO YOU OR ANYONE ELSE FOR ANY LIABILITY, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE, ANY WEB SITES LINKED TO THIS SERVICE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, AS WELL AS ANY GOODS AND SERVICES PURCHASED ON THIS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
12.7. Indemnification. You agree to indemnify and hold Bangalla and its parents, affiliates, and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any person due to or arising out of your use of this Service, your third party website connection to this Service, your violation of these Terms, or your violation of any rights of another party. This indemnity survives termination of these Terms.
13. Data Ownership & Usage. Any data, order, image or information of any kind entered into the Bangalla site or to any of its services or social media platforms becomes the property of Bangalla and subject to this Agreement. Bangalla does not sell or transfer any personal data to any third party unless required by law.
14. Applicable Law, Venue, Limitation of Actions. The Website is operated by a U.S. entity and is governed by the laws of the Washington State in the United States. The laws of your jurisdiction may be more or less restrictive than the laws that apply to this Website. Any dispute between Bangalla and you shall be subject to the laws of the state of Washington, and you hereby consent to jurisdiction and venue within King County, Washington. All disputes adjudged by courts located in King County, Washington. If you access this Website outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and at your own costs.
15. Opting Out to E-mail Communications. For customers who wish to opt-out and stop receiving Bangalla's special offers and related news, we provides several ways to do so. If you no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by logging on to their Account and un-checking the "newsletter" field. They may also send e-mails to firstname.lastname@example.org with a request to be removed. Finally, they may use the link provided in all Bangalla communications to automatically unsubscribe.
16. Amendment of Site Terms. Bangalla reserves the right to update our Terms and Conditions at any time and at our sole election. Any update is binding on you and on all users of the Website and any service provided by Bangalla. Notices of the updates to the Terms and Conditions will be posted on the Website and you may request to be notified of any changes to these Terms and Conditions by election the option by contacting Bangalla at email@example.com.
17. Questions or Concerns. If you have any questions or concerns, please feel free to contact us via e-mail at firstname.lastname@example.org.