1.1 Welcome to fishvaly.com.bd an online service of Fishvaly. Fishvaly (“fishvaly.com.bd”) provides access to the fishvaly.com.bd website or any other media (“Website”) to you subject to the terms and conditions set out on this page. By using the Website, you, a registered or guest user in terms of the eligibility criteria set out herein agree to be bound by the Terms. Please read them carefully as your continued usage of the Website, you signify your agreement to be bound by these Terms. If you do not want to be bound by the Terms, you must not subscribe to or use the Website or our services.
1.3 In these Terms, references to “you”, “User” shall mean the end-user/customer accessing the Website, its contents, and using the Services offered through the Website. References to the “Website”, “fishvaly.com.bd”, “fishvaly.com.bd”, “we”, “us” and “our” shall mean the Website and/or Fishvaly.
1.4 The contents set out herein form an electronic record in terms of the Information & Communication Technology Act, 2006 and rules thereunder as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User.
1.5 The Website is operated by Fishvaly, a company incorporated under the laws of Bangladesh having its registered office at House 319, Road 2 Adarshanagar, Middle Badda, Dhaka 1212, Bangladesh. All references to the Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.7 We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website. By continuing to use the Website after we post any such changes, you accept the Terms as modified.
1.8 These Terms will continue to apply until terminated by either You or fishvaly.com.bd in accordance with the terms set out below:
1.9 The agreement with fishvaly.com.bd can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such an option has been made available to You.
1.10 Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination/expiry of this agreement.
2.1 Use of the Website is available only to such persons who can legally contract under the Contract Act, 1872.
2.2 If you are a minor i.e. under the age of 18 years, you shall not register as a user of fishvaly.com.bd and shall not transact on or use the Website. As a minor, if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website. fishvaly.com.bd reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to fishvaly.com.bd’s notice or if it is discovered that you are under the age of 18 years.
2.3 By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older, and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
2.4 The usage of the Services offered through the Website is only available if the address of the User to which the product(s) is/are to be delivered is within Dhaka City, Bangladesh; fishvaly.com.bd is serving within 24-35 hours for live fish and 7 to 15 Working days for other categories. Subject to the above, if the user specifies a convenient time and fishvaly.com.bd will send the products during that time.
3.1 When you use fishvaly.com.bd or contact us via phone or email, you consent to receive communication from us. You authorize us to communicate with you by e-mail, SMS, phone call, or by posting notices on the website or by any other mode of communication. 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/or your order placed on the Website. Additionally, any disclosures posted on the site or sent to you by email fulfill the legal obligation of communication made in writing.
4. Your Account and Responsibilities
4.1 Any person may access the Website either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
4.2 If you wish to register your account with the Website, you shall be required to create an account by registering with your Facebook account, your Gmail account, or your email address or by filling in the details prescribed in the Website registration form.
4.4 The Website may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. However, under no circumstances will fishvaly.com.bd be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against fishvaly.com.bd in this regard
5.1 Membership on the website is free for users. fishvaly.com.bd does not charge any fee for browsing and buying on the website. fishvaly.com.bd reserves the right to change its fee policy from time to time. In particular, fishvaly.com.bd may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event, fishvaly.com.bd reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy will be posted on the website and such changes will automatically become effective immediately after they are posted on the website.
6.1 The material (including the content, and any other content, software or services) contained on fishvaly.com.bd are the property of Fishvaly, its subsidiaries, affiliates, and/or third-party licensors. No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored, or distributed without written permission from Fishvaly.
6.2 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic services, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
8. Promotional Activity
8.1 To promote its services fishvaly.com.bd uses various advertisement and commercials which are truthful and are not deceptive or unfair to the best of our knowledge and belief. Every user is under the obligation to go through the relevant information contained in the Website before using the service and it will be assumed that each user is aware of every information provided on the Website. Images of products on the Website are for and by reference only and the actual product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end to the fullest extent permitted by law.
9. The Contract
9.1 Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail and/or SMS to your mobile phone number confirming receipt of your order and/or containing the details of your order (the “Order Confirmation E-mail and/or SMS”). The Order Confirmation E-mail and/or SMS is an acknowledgment that we have received your order, but does not confirm acceptance of your offer to buy the product(s) ordered; that when we send the Order Confirmation E-mail and/or SMS a contract called an “agreement to sell” is concluded in accordance with Section 4(3) of the Sale of Goods Act, 1930 i.e. the transfer of the property in the goods is to take place at a future time when the product(s) is/are delivered to your designated address. We only accept your offer, and the above “agreement to sell” becomes a contract of sale for the product(s) ordered by you in accordance with Section 4(4) of the Sale of Goods Act, 1930, when the product(s) is/are delivered to your designated address and at that time the property in the goods is transferred from us to you.
9.2 You can cancel your order for a product at no cost any time before we confirm your order over the call. You can also cancel the order upon delivery but the delivery charge will be applicable. (Refund Policies are available at fishvaly.com.bd/RefundPolicy)
9.3 Please note that we sell products only in quantities that correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
10. Product Descriptions
10.1 We’ll attempt to be as accurate as possible. fishvaly.com.bd does not manufacture or produce any product by itself. Therefore, fishvaly.com.bd does not warrant the product descriptions or other content of any product is accurate, complete, reliable, current, or error-free. If a product offered by fishvaly.com.bd itself is not as described, your sole remedy is to return it in unused condition.
10.2 We’ll attempt to be as accurate by weight as possible. But Fish based product’s weight accuracy is very tough to control. Therefore deviation of 100grams is expected.
11.1 Except where noted otherwise, the list price or suggested price displayed for products on fishvaly.com.bd represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price or suggested price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
11.2 Despite our best efforts, a small number of the items in our catalog may be mispriced. If the MRP of an item sold by Fishvaly is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. And if the stated price on the product is lower than fishvaly.com.bd, we will, either refund the amount or replace the product according to your preference, when acknowledged
12. Return Policy
12.1 A user may return any product during the time of delivery, or within 7 days (except live/edible fish) if:
a) The product does not meet the user’s expectation
b) Found damaged during delivery
c) Have doubt about the product quality and quantity
d) Received in an unhealthy/ unexpected condition
e) Is not satisfied with the packaging
f) Finds product unusable
12.2 A user may return live/edible fish immediately upon delivery and receive Refund or Replacement. Some products may not be eligible for return or replacement:
a) Damages due to misuse of the product
b) Incidental damage due to malfunctioning of product
c) Any consumable item which has been used/installed
d) Products with tampered or missing serial/UPC numbers
e) Any damage/defect which is not covered under the manufacturer’s warranty
f) Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered.
Fishvaly tries its best to serve the users. But if under any circumstances, we fail to fulfill our commitment or to provide the service, we will notify you within 3 workingdays via phone/text/email. If the service, that Fishvaly fails to complete, requires any refund, it is done a maximum within 7 to 15 Working days or more depending upon the payment service gateway provider’s clauses after our acknowledgment. And Refund will be on the method you used for payment.
13.1 Refund requests will be processed under the mentioned situation:
Unable to serve with any product.
The customer returns any product (Under our Return Policy) from a paid order.
14. Supply Policy
14.1 fishvaly.com.bd, itself does not produce or manufacture any product, therefore fishvaly.com.bd tries to control the quality, but does not give quality assurance for any. We believe the manufacturer/ vendor/ suppliers are fully capable of assuring the quality of every product.
14.2 If any user, at the time of receiving the order delivery, finds any product injurious to health/ life/ security, we will take full liability and will accept the return of that product. If the user faces any threat after 12 hours of the provided delivery, we will consider it as a lacking within the quality assurance from the manufacturers or suppliers.
14.3 All products displayed on the website are subject to change and are subject to availability.
15.1 Fishvaly reserves the right to modify these Terms and Conditions. Such modifications shall be effective immediately upon posting on fishvaly.com.bd. You are responsible for the reviewing of such modifications. Your continued access or use of fishvaly.com.bd shall be deemed your acceptance of the modified terms and conditions.
16. Use of Third-Party Services
17. No Reverse Engineering
17.1 You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the fishvaly.com.bd website, whether in whole or in part or create any derivative works from or of the fishvaly.com.bd website.
18.1 In order to keep the fishvaly.com.bd website up-to-date, we may offer automatic or manual updates at any time and without notice to you.