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Terms and Conditions

This agreement governs your use of Islandshopper.lk and Islandshopper.com.au sites and service, including all orders made or processed for products or services in connection with the site and service, and the user Forums which Islandshopper makes available. You and Islandshopper, an Island Technologies providing custom, on-demand, sales, and other related products and services, are the parties to this agreement. If you choose to use other features of the site and service, like opening a shop to sell custom products, other terms may apply in addition to these. No exceptions to these terms are effective unless Islandshopper has agreed to them in writing.

Islandshopper may change these terms from time to time. If Islandshopper makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Islandshopper sites and service. If you disagree with any amendments, you must stop using Islandshopper site and service.

The services that we are providing to you via the Sites consist of the Content and the Functionalities available on the Sites or otherwise provided to you as a result of your use of the Sites (“the Services”).

You acknowledge and agree that you are only permitted to use the Sites and the Services as expressly set out in these Terms and Conditions or on the Sites.

You agree that the Sites and the Services are for your own personal use only on a single computer or device.

Use of the Site and Service Generally

Islandshopper owns all intellectual property and other rights, title and interest in and to its site and service. Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. Islandshopper grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to Islandshopper’s terms, rules, and guidelines found on its site, and Islandshopper may revoke this license and limit your access to the site and service according to the terms and conditions.

You may not

Interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;

Modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service;

use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;

Impersonate another person or entity;

Use any Meta tags, search terms, keywords, or similar tags that contain Islandshopper name or trademarks;

engage in any activity that interferes with another user’s ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;

Assist or encourage any third party in engaging in any activity prohibited by this agreement; or

Use the site and service to promote hate speech, obscenity, or any content that violates Islandshopper community standards, which Islandshopper may change from time to time in Islandshopper sole discretion.

Product and Services Available

Two sales types are available on Islandshopper site. First, there are products and services designed, operated and sold by Islandshopper itself and Market place  designed and operated by independent Products and Service owners (“Partners and drop shippers”).

Independent products and services owners of Partner Shops are solely responsible for the products and designs offered in those shops, the design of those shops, and the advertising of the articles offered. Islandshopper does not use designs or products of shop owners until a customer places an order that includes one of those designs or products.

Products and Service Sales

By placing an order using Islandshopper site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Islandshopper only. Islandshopper sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. Islandshopper cannot guarantee the continued availability of any products or Services found on its site.

Products, Services, Information, drawings, figures, technical data, and specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. Islandshopper cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.

Islandshopper reserves the right to reject orders for any reason or no reason. If Islandshopper rejects an order, it will notify the customer.

Islandshopper performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and Islandshopper cannot replace the order in a reasonable amount of time, Islandshopper will notify the customer immediately.

If there is a product defect or if you are dissatisfied with your order for any reason, Islandshopper Return Policy will apply, which Islandshopper may change at any time in its sole discretion.

Delivery & Shipment

Islandshopper warrants that it will ship orders depending on the product or service category (products and service may display shipping terms and conditions after orders are placed. Normally, goods are shipped within a few days and typical delivery times are 2-4 days, but in certain circumstances shipment and delivery can take up to three weeks or one to two months. Customers and Islandshopper may separately agree to more specific delivery times and terms in a separate writing or agreement (such as a request for express shipping).

Islandshopper will make delivery using a shipment service provider of its choosing. The customer must pay standard shipping costs which may depend on order value and shipping destinations. Shipping costs are displayed at checkout

Prices

All prices found on Islandshopper sites are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders depending on the rules and regulations.

For customers ordering from outside the Sri Lanka and Australia, all product prices are net of local taxes and fees unless otherwise indicated. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, and if these are not already collected at checkout, then the customer has the sole responsibility to pay these taxes and fees.

Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.

Payment

Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. Islandshopper reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.

If the customer selects a payment method or provides payment information that makes it impossible or impractical for Islandshopper to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Islandshopper’s own, the customer agrees that Islandshopper may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.

Islandshopper may sub-contract third parties to process payment.

If the customer fails to pay, Islandshopper may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.

Title to Products

Until Islandshopper receives full payment for an order and the order is shipped, title to the goods remains with Islandshopper. Upon transfer of the goods to the carrier, title and risk of loss passes to the customer. The customer should handle products with care until the transfer of ownership is complete (for example, in case of a product return).

 

Disclaimers

Islandshopper provides the site and service on an “as is” and “as available” basis. Islandshopper does not represent or warrant that the site and service or its use: (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. Islandshopper hereby disclaims any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that this agreement provides otherwise.

You agree that Islandshopper has no responsibility for any damages suffered by you in connection with the site and service, and that use of the site and service, including all content, data or software distributed by, downloaded, or accessed from or through the site and service, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or any loss of data that results from your actions and your use of the site and service. Islandshopper does not control or endorse in any respect any information, products, or services offered by third parties through the site and service, and is not responsible for any possible representations and warranties these third parties may make.

Due to normal changes in our industry and in our technical production processes, Islandshopper may reasonably deviate from the descriptions and information found in its brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other products or service features.

Islandshopper may use subcontractors or third parties to provide certain elements of its site and service. You agree that Islandshopper will not be liable to you in any way for your use of these services.

Limitation of Liability

You use Islandshopper site and service at your own risk. Islandshopper provides its site and service without any express or implied warranties. Islandshopper is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Islandshopper or any related third parties.

Islandshopper is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Islandshopper, even if advised of the possibility of such damages. Islandshopper aggregate liability arising out of or in connection with the site products and services or any agreement between you and Islandshopper may not exceed the lesser $100 or the amount of cash actually exchanged between you and Islandshopper within the past three months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, Islandshopper liability will be limited to the fullest extent permitted by applicable law.

User Representations and Warranties; Islandshopper Right to Refuse Performance

You agree to (i) indemnify and (ii) release Islandshopper from all liability (including costs and attorney’s fees) for claims relating to the alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of Islandshopper sites, Products and services. If you are a drop shipper or third party products or service owner with Islandshopper, Islandshopper not offset amounts in your account to satisfy the indemnification payments owed according to this paragraph.

Data Protection

Islandshopper collects and uses your information according to its privacy policy. You acknowledge that you are responsible for the securing your own information, keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.

Termination of Access

Islandshopper may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if Islandshopper believes that you have violated or will violate any laws, rights, or term of any agreement you are a party to with Islandshopper, its affiliates, contractual partners, or users; or if Islandshopper believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for Islandshopper, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.

If Islandshopper exercises its rights, or if you delete your account, this entire agreement and any other agreements you have entered into with Islandshopper will survive for three months until otherwise terminated according to their terms, if applicable.

 Trademarks and Copyrights

Islandshopper.lk, Islandshopper.com.au, island-shopper.com and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to Island Technologies PVT LTD or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Sri Lankan and Australian copyright laws and international conventions. All rights are reserved.

Communication

When you visit the Site, or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Site or by any other mode of communication we choose to employ. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and agree to treat all modes of communication with the same importance.

Losses

Islandshopper will not be responsible for any business or personal losses or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Site.

Pricing, Availability and Order Processing

All prices are listed in USD, AUD, LKR and are inclusive of GST and are listed on the Site by the seller that is selling the product or service. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart does not reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your basket and the time you purchase it. Islandshopper do not offer price matching for any items sold by any seller on our Site or other websites.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your prepayment processed. If such a cancellation occurs on your prepaid order, our policies for refund will apply.

Warranties

Islandshopper does not make any representation or warranty as to specifics of the products or services listed to be sold on the Site when products or services are sold by third parties. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. Islandshopper accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Refund and Return Policy

Customer can return an item if,

Delivered Product is damaged (physically destroyed or broken) or defective (dead on arrival)

Delivered Product is incorrect (presentation different on website) or incomplete (missing parts)

Delivered Product is “No longer needed” (you no longer have a use for the product or you have changed your mind about the purchase or the size of a fashion product does not fit or you do not like the product after opening the package) – eligible for selected products only. And need to return within three days within the date of arrival of the products.

Grocery items are none refundable

Refunds

If your product is eligible for a refund, you can choose your preferred refund method based on the table below. The shipping fee is refunded along with the amount paid for your returned product. The time required to complete a refund depends on the refund method you have selected. Once we have received your product (3-4 working days) and it has undergone a quality control (5-6 working days), the expected refund processing times are as follows:

Payment Method

Refund Option

Refund Time

All

Islandshopper Gift Voucher

2-3 days

Debit or Credit Card

Debit or Credit Card Payment Reversal

6-7 working days

Bank Deposit

Bank Deposit

4-7 workings days

Please note that this policy does not apply to Islandshopper International and our Global sales shops products.