1.1 Welcome to Banago.shop (“Website”). This Website host an electronic commerce platform and intermediary that provides a platform for Banago Portal L.L.C (“Banago”) to sell various products and/or services for buyers to buy. This Website is owned and managed by Banago Portal LLC.
1.3 Banago reserves the exclusive right, to change, modify and/or amend any of the terms at any time. Changes will be effective when posted on the Platform with no other notices issued to you. Therefore, you are deemed to be aware of and bound by any amendments to the terms upon publication on this Website.
1.4 You must be above the age of 18 to use this Website and the services offered.
2. USER ACCESS, SUBMISSIONS AND OBLIGATIONS
2.1 You may access and use the Website and the services offered in the Website either as a registered user or as a guest user.
2.2 Please be informed that not all services of the Website will be accessible to guest users as only registered user with valid account will be able to access and browse the Website and purchase Products.
2.3 As for registered user, you need to register by providing Banago with accurate and current information about yourself, and to promptly update such information if there are any changes to information provide earlier. Upon registration, you will be given user ID and password of your choice to access and browse the Website mainly for selling and buying of products and/or services in this Website. Banago has the right to suspend and/or terminate your account.
2.4 It is the absolute responsibility of registered user to keep his/her ID and passwords safe and secure all the time and responsible for whatever activities that take place under the registered account. Banago shall not be held responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred by you as a result of, or in connection with activities that take place under the account.
2.6 As a user of this Website you agree and grant Banago right to use whatever materials and/or information submitted to Banago through this Website including but not limited
to, questions, reviews, comments, and/or suggestions. You further grant us the right to use your name, your username when you post or submit your comments, reviews and/or suggestions through the Website regarding services offered in the Website.
2.7 As a user of this Website you agree and acknowledge that this Website managed by Banago is an electronic commerce platform. Any contract between Banago as the Seller and Buyer on the Website is a bipartite contract between buyer and Banago. Further, Banago does not provide any guarantee, warranties, or assurance on anything in the Website.
2.8 You acknowledge and agree that Banago does not provide any implied guarantee, warranties, or assurance in connection to the quality of products and/or services offered in the Website over and above what are expressly stated on the Website or on the packaging of the products or services.
3. INTELLECTUAL PROPERTY
3.1 All information content, website design, images, illustrations, text, graphics, software audio clips, and video clips (“Intellectual Property”) in this Website is the property of Banago, its’ vendor, or any third party. As such any user being granted a revocable license to access the Website has no rights or ownership over the Intellectual Property of Banago, its vendor or any third party in the in the course of accessing this Website. Any use other than for personal and commercial is a breach of the intellectual property rights of the respective owners. Therefore, you are strictly prohibited from copying, reproducing, altering, modifying, uploading, posting, transmitting, or redistributing the Intellectual Property in any way, whether directly or indirectly. without the prior written consent of the respective owner of the Intellectual Property.
4. LIMITATION OF RESPONSIBILITY AND DISCLAIMER
4.2 The Website including all information and/or services are provided in the Website by Banago is on an “as is” basis without any warranties, representations of any kind made by Banago either expressly, impliedly or statutorily in connection to the Website and/or the Services provided in the Website including, without limitation, warranties of non
infringement of third party rights, title, merchantability, quality or fitness for a particular purpose.
4.3 Banago shall not be liable for any of the user’s / third party’s submission of content of any kind under intellectual property rights, libel, privacy, publicity, vulgarity, or other laws. Banago shall also be not liable in connection to the misuse, loss, alteration, or unavailability of any user/third party submission of content in the Website.
4.4 Banago does not warrant that the Website and/or the Services provided in the Website or any of the functions contained in the Website will be available and accessible, uninterruptedly, secure, accurate, with no issues, and if any, it will be rectified. Banago also does not warrant that this Website and/or the server is free of viruses, malware, software locks, trojan-horses or any other harmful codes, instructions and/or components. You accept that your use of the Website is at your own peril.
4.5 There may be hyperlinks in this Website to other websites that are owned and/or operated by another third party which the content in such website is under third party’s control and not Banago. As such, Banago shall not be held liable for any errors, omissions, delays, defamation, libel, slander, falsehood, pornography, profanity, inaccuracy contained in those third party’s website as the consequences of accessing those linked website by you. Please be informed that such hyperlinks to other websites are not an endorsement by Banago of their content and you agree that your access those third party’s website entirely at your own will and risk.
5.1 You agree to indemnify, defend and hold harmless Banago, including its subsidiaries, affiliates, vendors, agents and their respective officers, employees, directors, agents, contractors, vendors ("indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses including legal costs made against or incurred by the indemnified parties that arise in connection with:-
a) breach of any of the Terms herein by you,
b) use/access and/or inability to use/access this Website or the Services offered in the Website,
c) any claims made by any third party against Indemnified Parties in connection with your use of the Website and Services provided in the Website,
c) any claim that any Third-Party content, information or materials provided by you caused damage to a third party,
d) Your violation of any rights of another, including any intellectual property rights
5.2 You are strictly prohibited from attempting to settle or settle on your own accord any claims against Banago or admit any liability on the part of Banago without the prior written consent of Banago.
6.4 Upon termination the rights granted, you shall immediately cease all access to the Website and stop using any of the Services in the Website, and Banago shall in addition immediately revoke your user ID and password.
6.5 Termination of rights under the terms herein shall not affect the rights and obligations of any parties (including seller and buyer) arising before the date of termination. Banago shall not be held liable to you or to any other person as a result of any such termination of the rights granted.
7. GOVERNING LAW
BUYER AGREEMENT - Terms of Sale
This Terms and Agreement is between Buyer and Seller where the Seller which is Banago Portal LLC has made the offer to sell the Product and Buyer agreeing to buy the product/services offered on the Platform (website www.banago.shop and app) operated by Banago Portal LLC (“Banago”). for which United Arab Emirates is its country of domicile.
"Agreement" means the Agreement formed when Seller accepted the order placed by Buyer on the Platform for the purchase of Product sold by Seller;
"Buyer" means the person not minor / under the age of 18 who purchase various Product and Services from the Seller on the Platform;
“LSP” means logistics service providers or courier services engaged by the Seller; “Supplier” means the supplier of a Product or Products;
“Platform” means the website www.banago.shop
“Product” means products or services or a combination of products and services that are available for sale on the Platform;
“Seller” means Banago Portal LLC (a company incorporated in the United Arab Emirates) and shall include its successor in title or permitted assign
The headings in these Agreement are for convenience only and shall not affect the interpretation of any parties.
2.1 Where Seller makes an offer to sell the Product on the Platform and the Buyer upon accepting to purchase the said Product shall constitute an Agreement between the Seller and the Buyer. As such, both the Seller and the Buyer are entirely responsible for the Agreement between them.
3. PRODUCT ORDER
3.1 Buyer using the website who are Minor/ under the age of 18 shall not register as a user of the website and shall not transact on or use the website.
3.2 The Seller will not trade with or provide any services to OFAC and sanctioned countries.
3.3 Seller is fully responsible for the listing and availability of the Product in the Platform and take reasonable steps to ensure the description of the Product is accurate.
However, Seller does not warrant that the Product description is accurate, updated and/or free from error.
3.4 Buyer may purchase Product offered on sell by Seller in the Platform by placing the order on the Platform. Buyer is responsible for ensuring the accuracy of the order placed and shall furnish contact information, most importantly address, and contact numbers to enable delivery of the Product ordered. Buyer acknowledges that all orders shall be subject to Seller’s acceptance in Seller’s sole discretion.
3.5 Agreement between the Buyer and Seller which is acceptance by Seller to process order placed by the Buyer will only be completed upon issuance of confirmation to deliver the Product to the Buyer. Seller shall be entitled to refuse or cancel any order without giving any reasons for the same to the Buyer at any time prior to issuance of the confirmation to deliver.
4.1 All prices of Products as stated on the Platform at the time when the Buyer places and completes the order on the Platform. Prices of Products on the Platform includes any applicable tax (including but not limited to import, customs duties/fees applicable to the respective countries) which the Buyer shall be liable to pay to Seller. However, the price of the Product excludes the delivery charges that may be charged for delivery of the Product ordered. Buyers are liable to pay for all delivery charges according to the delivery address of the Buyer and weight of the Product unless the Seller agrees to waive such charges.
4.2 In the event that a Product and Services has been mispriced on the Platform, the Seller reserves the right to terminate the Agreement, in which the Seller shall notify the Buyer of such cancellation by giving notice which shall take immediate effect. The Seller shall have such right to terminate the Agreement notwithstanding that the Product and Services have been dispatched or are in transit or that payment has been charged to Buyer.
5. PAYMENT FOR PRODUCT ORDER
5.1 Buyer may make payment for any purchases made on the Platform by one of the following payment methods:
a) Credit Card
b) Debit Card
5.2 Visa or Master debit and credit cards in AED will be accepted for payment.
5.3 The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency.
5.4 Seller takes no responsibility and assume no liability for any loss or damages suffered by the Buyer arising from incorrect shipping information and/or payment information given by the Buyer or wrong remittance by Buyer in connection with the payment for the Product.
5.5 Seller reserves the right to check whether a Buyer is duly authorised to use certain payment method and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
6. DELIVERY OF PRODUCT
6.1 Delivery of the Product shall be made by the authorised LSP appointed by the Seller or person authorized by the Seller to the address specified by the Buyer in the order. Buyers need to verify shipping address before payment made for the order to ensure that the Product is delivered to the correct address.
6.2 Seller shall ensure that the purchased Product is delivered to the Buyer within fourteen (14) days from date of the payment made by the Buyer.
6.3 Title of the Product will pass to the Buyer when the Product purchased delivered or tendered delivered to the Buyer and full amount of money for the Product received by Seller via online payment. Upon delivery, the Buyer is deemed to have accepted the Product. The risk of loss shall pass on to the Buyer upon delivery of the Product.
6.4 In the event Seller failed to deliver the Product within fourteen (14) the Buyer shall be entitled to terminate the Agreement and claim for refund in respect of the undelivered Product. The Seller will process the request and refund whatever amount paid within seven (7) working days from the date of receipt of the Request as well as the bank processing schedule whichever is later.
6.5 Buyer shall be responsible for the charges in the event the Seller is unable to deliver the Product to Buyer despite Supplier or Logistic Service Provider’s two (2) attempts to deliver such Product due to Buyer’s failure to take delivery for reasons other than the Seller’s fault. Due to such failure to take delivery, the purchase made will be cancelled and Buyer shall be liable to pay delivery charges to the Seller for the delivery attempts and liable to Banago for any loss of any fee or charges that Banago should have earned. Buyers acknowledge that such damages or loss suffered by Banago are not consequential or indirect.
6.6 Buyer / Cardholder must retain a copy of transaction records and www.banago.shop policies and rules.
7. RETURN, REFUND AND EXCHANGE OF PRODUCT
7.1 All complaints and request for return, refund or exchange Product sold on the Platform will the in accordance with the “Return/Refund and Exchange Policy”. Buyer can lodge complaint or request for return or refund via Banago Platform However, Buyer will not be eligible to request to return refund or replacement in the event of frivolous, or baseless complaints regarding the delivery or quality of the Product.
7.2 Buyer shall ensure that the purchased Product is returned to the Supplier within fourteen (14) days from date of receipt of Product by the Buyer in the event Buyer raised Request to return such product due to the reasons mentioned in the Return and Refund Policy.
Please refer to Banago’s Return and Refund Policy as stated in the Platform.
7.3 Buyer agrees that any refund shall be net of any commissions and other benefits paid or payable by Banago or otherwise received by Buyer pertaining to the purchase of the refund Product.
8. RISK AND OWNERSHIP OF THE PRODUCT
8.1 Seller holds no title in the Product as the title in the Products and other rights and interest in the Product passes directly to the Buyer from the Supplier .
8.2 Ownership of the Product passes to the Buyer at the time the Supplier or Logistic Service Provider completes or tendered delivery of the Product to the Buyer.
8.3 Any loss of Product or risk of damage to the Product shall pass to the Buyer at the time of delivery of the Product to the Buyer or if the Buyer fails to take delivery of the Product, when Supplier or Logistic Service Provider has tendered delivery of the Product.
9.1 This Agreement may be terminated by the Seller if the Products are out of stock and the Seller were unable to source for the Products and to process and prepare for delivery within fourteen (14) days from the Buyer’s Order.
9.2 Without prejudice to any other right of termination elsewhere in this Agreement, Seller may stop any Product in transit for delivery to the Buyer and/or terminate the Agreement with immediate effect by written notice to the Buyer if the Product under the Agreement has been mispriced on the Platform or the Product becomes illegal and in violation of the laws of the country of the Buyer.
10. DISCLAIMER AND LIABILITY
10.1 Banago declares that all information and contents contained in this Platform is provided on "as is" basis without warranty or conditions of any kind, express or implied, including, but not limited to, the implied warranties or conditions of Seller’s ability and fitness for a particular purpose, title, non-infringement, security or accuracy. Seller has made reasonable efforts to provide current and accurate information on this Platform but assumes no responsibility for any errors or inaccuracies whatsoever in the information provided in this Platform. Seller will not be liable for any loss or damage suffered by the Buyer caused by reliance on information obtained through this Platform.
10.2 Products purchased by the Buyer shall be subject to Seller's terms and conditions for warranty, service, and maintenance, and Seller does not accept any responsibility for implied terms and conditions including any responsibility for the usage of the Products by Buyers.
10.3 Seller shall not be liable for any loss of profit, loss of production or revenue or any type of direct, indirect or consequential loss whatsoever (including loss or damage suffered by either the Buyer or the Supplier or both) as a result of an action brought by the Supplier against the Buyer or vice versa even if such loss were reasonably foreseeable.
10.4 Buyer is responsible for maintaining the confidentiality of his/her account.
10.5 Notwithstanding any other provision of this Agreement, Seller’s maximum cumulative liability to Buyers or to any other party for all losses under, arising out of or relating to the sale of Product in the Platform shall not exceed the sums that Buyer have paid to Seller.
11.1 The terms of this Agreement shall be amended or modified by Seller at any time based on Seller’s discretion. Banago may or may not, through the Platform or any other method of notification for such amendments to take effect. If Buyer continue to use the Platform after amendments to the terms, Buyers are deemed to have accepted such amendments. In the event a Buyer does not accept the amendments, the Buyer must stop accessing or using the Platform.
12.1 If any provision of this Agreement is held by any court or other competent authority to be void or unenforceable in whole or part the other provisions of this Agreement and the remainder of the effective provisions shall continue to be valid.
13. ENTIRE AGREEMENT
13.1 This Agreement sets out the entire agreement and understanding between the Seller and the Buyer with respect to the subject matter thereof. This Agreement supersedes all previous agreements, arrangements and understanding between the Parties pertaining to the same subject of this Agreement, which shall cease to have any further effect.
14. THIRD PARTY’S RIGHTS
14.1 No person who is not a party to the Agreement (including any employee, officer, agent or representative of either party) shall have any right to enforce any terms of the Agreement.
15. FORCE MAJEURE
15.1 Neither Party shall be liable for its failure to perform or delay in performing any of its obligations hereunder during any period in which such performance is directly prohibited or delayed by the occurrence of events beyond the control of the failing Party, such as fire, explosion, flood, storm or the acts of God, war, embargo, riot, quarantine, pandemic or epidemic outbreak or the intervention of any governmental authority, provided that the Party suffering from the prohibition or delay immediately notifies the other Party of such prohibition or delay.
Notices issued by Seller shall be deemed valid and sufficient if such notices are being posted on a conspicuous spot in the Platform.
16. GOVERNING LANGUAGE
16.1 In the event this Agreement is executed or translated in any language other than English, the English language version of this Agreement shall govern and shall take precedence over any other language.
17. GOVERNING LAW
17.1 This Agreement shall be governed by and construed in accordance with the local law of the United Arab Emirates (“UAE”). Any disputes arising from or in connection with this Agreement that cannot be amicably resolved between the Parties shall be submitted to the exclusive jurisdiction of the Courts of Dubai, UAE.
RETURN AND REFUND POLICY
RETURN OF PRODUCT
1. Buyer can request to return Products purchased through the website Banago.shop (hereinafter referred to as “Platform”) for refund or exchange for the returned Product provided Buyer complies with the terms and conditions of Return and Refund Policy terms herein.
2. Banago Portal LLC (“Seller”) reserves the exclusive right, to change, modify and/or amend any of Return and Refund Policy terms at any time. Changes will be effective when posted on the Platform with no other notices issued to you. Therefore, you are deemed to be aware of and bound by any amendments to the terms and conditions upon publication.
3. Buyer can cancel their order within 12 hours. Refunds will be made back to the payment solution used initially by the Buyer. Please allow for up to 45 days for the refund transfer to be completed.
4. We accept returns within 14 days of receipt of products, only if their delivery packaging has not been opened or the products are damaged or wrong product. Please notify us and return the box in its original packaging. In such instances, we will endeavor to send you another or refund the payment. We can only accept returns of products that have not been tampered with, are sealed and remain in the original packaging. If all these conditions are met, please ship your products back to us using a registered courier service and we will issue a full refund. Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping and Handling fees are non-refundable.
5. Buyer needs to satisfy one or more of the following conditions before Buyer could request to return the delivered Product:
a) Product delivered is defective as it is unfit for its intended use;
b) Product not fit to be consumed (for consumable product);
c) Product does not comply with description and specification from that advertised or purchased (such as different function, wrong colour, or size);
d) Expired product delivered;
e) Product damaged during transportation process; or
f) Incorrect Product is delivered to Buyer
For any request for product return or refund, products purchased in combo must be returned in combo. No partial product return will be entertained.
6. However, the Seller may reject any return request for either refund or exchange in one the following scenarios:
a) Product defect due to the negligence, mishandling or improper storage by the Buyer;
b) Value of the Product has been significantly reduced to the extent that such Product is not in merchantable condition;
c) Product packaging is damaged or not in original packaging and original condition;
d) Discounted or promotional products which are non-refundable and non returnable; or
e) Any reasonable grounds to reject the request for refund or exchange, as may be decided by the Seller at its discretion.
7. There is some category of products that are not returnable due to hygiene reason. The list of the products are as follows:
a) Innerwear, lingerie, socks, any intimate wear, etc.;
b) Cosmetics, perfumes, fragrances, home scents and beauty products;
c) Defective products which are covered under the manufacturer's warranty; or
d) Any consumable/perishable products which has been consumed.
8. For products that are expressly stated to be under “For No Refund and No Cancellation” policy, no refund and no cancellation will be entertained.
9. Please be informed that any request to return Product for refund or exchange due to Buyer’s change of mind before or after delivery, which is not due to any other reason mentioned in Item 4 above, will not be entertained.
10. In the event Seller failed to deliver the Product within fourteen (14) days from the date of purchase without any fault on the part of the Buyer, the Buyer shall be entitled to terminate the Agreement and claim for refund in respect of the undelivered Product. The Seller will process the request and refund whatever amount paid within seven (7) days from the date of receipt of the Request.
RETURN REQUEST PROCESS
11. Buyer needs to submit request (“Request) to return Product purchased either for refund or exchange through the Platform. Buyer is required to state the reason for Request. Upon submission of the Request by the Buyer and notified by the Seller, Buyer will need to send the Product to the Seller to the address as designated by the Seller to the Buyer within fourteen (14) days from the date of receipt of the Product. No refund will be issued by the Seller in the event request is not submitted through the platform and no written explanation provided by the Buyer seeking the said refund.
12. In order to process return products as quickly as possible, all return products must include:-
(a) a copy of the delivery note or the order number;
(b) return authorization (obtainable from Customer Services); and
(c) reason(s) for return
13. Buyer must ensure that the returned Product meets the following conditions :-
(a) Full set of Product;
(b) The Product was not in use;
(c) The presentation is preserved (seals, factory label, labels are not broken, there is factory packaging if it is part of the presentation of the product); and
(d) Consumer properties preserved.
14. Buyer may send the return Product either by mail or courier to the Seller at the address designated by the Seller at Buyer’s own expense. Return postage will be reimbursed by the Seller in case of damaged, defective or incorrectly sent items.
15. The Seller will notify Buyer upon receipt of the return Product in the Request system. Upon receipt of the Product, the Seller shall assess and review the Product returned based on the conditions of the Product returned.
16. The Seller shall either approve or reject the refund or exchange of the Product upon reviewing the Product. The Seller must either approve or reject the Request within seven (7) working days from date of receipt of the Product.
a) If the Request is approved by the Seller for an exchange, then the Seller must deliver the new Product to the Buyer within fourteen (14) days from the date of the approval.
b) If the Request is approved for refund, the Seller will refund whatever monies paid for the returned Product only through the original mode of payment and will be processed within 10 to 45 days depending on the issuing bank of the credit card.
c) For other modes of refund, payment was made or through other means of payment within fourteen (14) days from the date of the approval.
17. Orders detained or confiscated by the Customs and other relevant authorities shall not be available for refund.
18. Any dispute arising from or in connection with the Refund request or dissatisfaction due to final decision on Refund by the Seller, Buyer shall seek legal recourse at Courts of Dubai, the United Arab Emirates within 6 months from the date the final decision of the Seller is communicated and the applicable law shall be the laws of the UAE.