Terms & Conditions

Terms & Conditions :

Unless otherwise agreed in writing and signed by Director of Linear Lifestyle , all goods are supplied on these conditions to the exclusion of any terms or conditions of the buyer and of any representation, warranty or communication not expressly included.

 

Prices:

Unless otherwise stated, all prices

  1. are net ex-Works, and apply only to the total quantities and delivery dates or rates specified. Additional costs incurred by us on account of any alterations made at the buyer’s request to quantities, delivery dates or rates or agreed changes in specifications shall be borne by the buyer.
  2. are based on current costs at date of quotation and are subject to Increase to the extent of any subsequent alterations in exchange rates, new or Increased taxes, duties or other Imposts or of any Increase In the costs of or relating to manufacture or delivery.
  3. are exclusive of VAT, which will be charged (where applicable) at the current rate at the time of delivery.

 

Terms of Payment :

1) Daily essentials and emergency goods and services – In case of food, groceries, medicine, ride sharing, mobile recharge, service delivery or utility, education fee, hotel booking, ticketing (bus, air, train, launch), and providing any other daily essential goods and services and emergency goods and services, where the delivery/supply is made immediately or within 5 days (keeping in mind the type of goods/service and the location),  the bank/PSO/MFS/PSP shall settle payments with the supplier/service provider under existing arrangements being satisfied with quality of service, product delivery and business relationship.

2) Businesses which sell/supply their own products/services – In the case of the businesses that manufacture/provide their own goods/services or has their own shop or showroom (and hold a trade license to do so), and where the business  provides the services or sells the goods online as well, the delivery or supply of such goods/services must be made immediately or within 7 days (keeping in mind the type of goods/service and the location), and the bank/PSO/MFS/PSP shall settle payments with the supplier/service provider under existing arrangements being satisfied with quality of service, product delivery and business relationship.

3) In case of Digital Commerce Businesses (DCB) other than those mentioned above in (1) and (2), where the payment service providers collected the money from the customer, and in the case of merchant payment, it will be taken as part of their own settlement and then payments will be released to supplier following the directions below:

  1. a) In order to receive payment after providing the goods or service to the customer, the related DCB should provide the name and mobile number of the customer, and the purchase details to the bank/PSO and E wallet service provider’s MFS/PSP.
  2. b) The bank/PSO/MFS/PSP shall verify the above list by randomly checking transactions from the list provided by the DCB and being satisfied of delivery of the goods/services to the customer, the online payment provider will release the money.
  3. c) If any evidence is found later about the non-delivery of any customer’s product/service by the DCB contrary to as claimed above in (b) the payment service provider will immediately issue a notice to show cause and the DCB must respond within 10 days upon receiving the notice.
  4. d) If the DCB fails to provide satisfactory reasons for providing the wrong information, any online payment services provided to that DCB will be suspended and the online service provider shall notify the Bangladesh Bank in this regard. The DCB will be ineligible for such services in the future.
  5. e) In order to bring the process of releasing payments under automation in the future, the payment service providers will take into account the necessary arrangements required which will include confirmation of receipt of goods/services by the customer.

4) In case of vouchers, until the goods and services have been provided in exchange of vouchers issued by the DCB, the money will not be released to them. The same amount of price can be deducted as the price claimed in the voucher issued by the DCB.

5) The money collected from the customer by the payment service provider cannot be used for any other purpose other than for paying the merchant and the merchant must be paid the value equivalent to what was spent.

6) In the case of refund or charge back, the customer must be paid through the same medium used for making the payment, and if any charge is incurred, it will be borne by the digital commerce service providers.

7) No charges can be levied by the payment service provider for compliance with the instructions of this circular.

8) Other than this, the existing methods of cash on delivery/ payment on delivery will continue.

9) The instructions described are only applicable to transactions where individual customers are involved.

 

Delivery :

  1. The time and place(s) of delivery shall be as specified in the buyers order, subject (where applicable) to Condition 7 below.
  2. All delivery dates or periods are to be treated as estimates only unless we have expressly undertaken in writing to guarantee delivery by a specified date. Deliveries may in any event be postponed or suspended without liability during any period in which circumstances of any kind outside our direct control hindered or prevent the manufacture or dispatch of the goods.

Cancellation :

  1. If the buyer cancels all or part of an order at any time the buyer shall forthwith upon demand reimburse us for any costs incurred by or oh behalf of us in dealing with such cancelled order.
  2. In addition to and without prejudice to subsection (a) above, in the case of cancellation:
    • notified to us less than seven days before the due delivery date the buyer shall pay us 10% of the value of the cancelled order; and
    • of an order for goods to be made in accordance with the buyer’s designs, patterns or specifications, if such cancellation takes place after all or part of such goods have been made or begun to be made then the buyer shall pay us the full agreed price of all goods made or begun to be made up to the time of cancellation. In such circumstances all fully or partly finished goods will be delivered to the buyer at his request and expense.

Carriage and Package :

  1. Unless otherwise specified, the cost of carriage is charged extra.
  2. Extra costs of delivery beyond our delivery system (including any duty and landing charges), or of special delivery at buyer’s request and landing charges), or of special delivery at buyer’s request by passenger train or other express methods, will be charged to the buyer.
  3. Our standard packaging, in cartons suitable for surface and sea carriage, is included in the price, but any special packaging, e.g. pallets for shipment, is charged extra.

Loss or Damage in Transit :

In the case of damage or shortage, the buyer notifies both the carrier and us in writing within 7 days after the receipt of goods.

  1. In the case of loss such notice is given within 14 days after they are dispatched.
  2. In the case of Export buyers, the buyer establishes to our satisfaction that such loss or damage occurred prior to shipment.
  3. Where the buyer specified the carrier, responsibility for loss or damage in transit lies with the buyer.

Passing of Property and Risk :

  1. Risk of loss or damage of any kind to the goods shall pass to the buyer on delivery to his place of business or to his recognized agent or upon collection by his specified carrier.
  2. We retain ownership of the goods the property in which will not pass to the buyer until we receive payment of the price of such goods then owing to us by the buyer who until such payment has been made shall keep the goods as our bailee and store them in such a way as enables them to be readily Identified as our property and shall keep them free from any charge or lien and at our request shall deliver them up to us or shall allow us to enter his premises to repossess the goods and subsequently resell them and recover from the proceeds of sale them sums owing to us and the costs of such sale giving any remaining balance to the buyer.
  3. Notwithstanding the provisions of (b) above provided that the buyer continues trading and is solvent and is not subject to any of the arrangements referred to In 14(b) then before we have received full payment of sums due to us from the buyer, the buyer may nevertheless sell the goods In the ordinary course of business as principal and we shall be entitled legally and beneficially to the proceeds of sale which, until full payment is made to us of sums owed by the buyer, shall be kept by the buyer in a form which allows them to be identified as such proceeds of sale.
  4. Nothing contained in this clause shall relieve the buyer of his obligation to pay in accordance with clause 4 hereof for goods delivered.

Defects :

The buyer shall not be entitled to reject any goods which are defective or do not conform to description but we shall at our option and expense replace or refund the invoice values of any such goods If written particulars of the alleged defect or miss description are received by us no later than 7 days after the date of Invoice and the goods (if we so request) are returned to us carriage paid and, failing such request, the goods are held for our inspection. No liability whatsoever can be accepted for defects arising from further processing after delivery.

Liability :

Our liability in terms of these conditions is in lieu and to the exclusion of all other warranties, conditions or obligations Imposed or implied by statute or otherwise in relation to the quality or description of the goods or their fitness for any particular purpose, and all liability for any indirect or consequential loss (howsoever arising) is hereby expressly excluded, provided that If the buyer is dealing as a consumer as defined in the Unfair Contract Terms Act 1977, his rights under that act are not hereby affected.

Indemnity:

The buyer shall indemnify us against all claims for Infringements or alleged infringement of third parties’ patent copyright or other industrial property rights, and all costs and expenses incurred in connection therewith, arising from the execution of the buyer’s designs, patterns or specifications.

Governing Law :

These conditions shall be construed and shall take effect in all respects in accordance with English Law.