Section 4: Prices and Payment

4.1. Contract for Supply

Any contract for the supply of Delivery from this Website is between you and the corresponding outlet; for the supply of Goods or Services from this Website, any contact is between you and Shwapno.com. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment. Additionally, please note that Mobile Financial Services (MFS) such as bKash, Nagad, etc. can be used in conjunction with debit/credit cards for payments.

4.2. Price Listings

All prices listed on the Website are approximated at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, Goods, or Services.

4.3. Price Accuracy

All prices listed on the Website for Goods and Services by Shwapno.com reflect the price at the time of listing. We give great care to keep them up to date. In case the price listed is not current, we will contact you to inform you about the price changes and you can choose to opt-out of the order.

4.4. Total Price and Payment

The total price for Grocery Delivery, Goods, or Services ordered, including delivery charges and any additional fees, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment can be made in cash or, if available on the website, by online payment methods, such as credit or debit card, including Mobile Financial Services (MFS) such as bKash, Nagad, etc. Please note that payment may vary due to alternative products, price variations, and weight variances.

4.5. Online Payment Security

If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details, as well as Mobile Financial Services (MFS) such as bKash, Nagad, etc., will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.

Section 5: Delivery

5.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.

5.2. All orders are delivered by our homegrown delivery channel. We will make every effort to deliver within the time stated; however, we will not be liable for any loss caused to you after you receive the delivery. If the Goods are not delivered within the estimated delivery time quoted by us, please contact our Customer Support Team first.

5.3. In case of a late delivery, the delivery charge will neither be voided nor refunded by shwapno.com. We may consider any kind of discretion.

5.4. If you fail to accept delivery at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance, and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

5.5. You must ensure that at the time of delivery of Grocery Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.6. Please note that it might not be possible for us to deliver to some locations even within the defined zones. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

5.7. Shwapno has the right to cancel any order placed by the customers to any location that is not available on the area list of our website or not within the deliverable zone.

Section 6: Cancellation/Return/Refund

6.1. You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number/every detail of the order possible.

6.2. We may cancel a contract due to product unavailability, product weight, and price variance, or for any other reason. We will notify you if this is the case and return any payment that you have made.

6.3. If the cancellation was made in time before the delivery vehicles are dispatched, we will refund or re-credit your debit or credit card, including Mobile Financial Services (MFS) such as bKash, Nagad, etc., with the full amount within 21 days, which includes the initial delivery charge (where applicable) that you paid for the delivery of the Goods or the Services, as applicable. If the refund is not adjusted within 21 days of initiating, you have to call us on 16469 (9am-9pm) to get further assistance.

6.4. In the unlikely event that our delivery team delivers a wrong/damaged/decayed item, you have the right to reject the delivery of the wrong item before receiving and you shall be fully refunded for the missing item. If the delivery team can only do a partial delivery (a few items might be not available), we will inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

Section 7: Information

7.1. Where we have requested information from you to provide Grocery Delivery, Goods, or Services you agree to provide us with accurate and complete information.

7.2. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

Section 8: Linked Sites

There may be a number of links on our Website to third-party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third-party Websites or the Services or Goods that they may provide to you.

Section 9: Complaints

We take complaints very seriously and aim to respond to your complaints within 3 working days.

All complaints should be addressed to our hotline #16469.

Complaints of more than 6 months old from the current date will not be entertained.

Section 10: Limitation of Liability

10.1. Great care has been taken to ensure that the information available on this Website is correct and error-free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error-free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

10.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third-party website, or your consumption of any products from us.

10.3. We disclaim any and all liability to you for the supply of the Grocery Delivery, Goods, and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

10.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.

10.5. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

10.6. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

10.7. In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, we may cause the shopper (or customer) to be blocked immediately and reserve the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, we; shwapno.com reserve the right to seek compensation from any and all violators.

10.8. Offers are subject to our discretion and may be withdrawn at any time and without notice.

Section 11: General

11.1. All prices are in Bangladeshi Taka.

11.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

11.3. We may alter or vary the Terms and Conditions at any time without notice to you.

11.4. Payment must be made either at the time of ordering the Delivery, Goods, or Services from us by credit card, debit card, or Mobile Financial Services (MFS) such as bKash, Nagad, etc., or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.

11.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality.

11.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.

11.7. The Terms and Conditions together with the Privacy Policy, any order form, and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

11.8. If any term or condition of our Agreement shall be deemed invalid, illegal, or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

11.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Bangladesh. The parties hereto submit to the exclusive jurisdiction of the courts of Bangladesh.

11.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

11.11. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Bangladesh Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Bangladesh Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

Section 12: User Account Security and Responsibilities

12.1. Users are responsible for maintaining the confidentiality of their account details and passwords. Shwapno.com will not be liable for any loss or damage arising from unauthorized access to a user's account.

Section 13: Detailed Product Descriptions and Return Policy

13.1. Shwapno attempts to be as accurate as possible. Shwapno does not warrant that product descriptions or other content of any Shwapno product is accurate, complete, reliable, current, or error-free. If a product offered by Shwapno.com itself is not as described, your sole remedy is to return it in unused condition. Returns are accepted under specific conditions outlined in our Return Policy, available on our website.

Section 14: Intellectual Property Rights

14.1. All content on Shwapno.com, including text, graphics, logos, and images, is the property of Shwapno and protected by intellectual property laws. Unauthorized use of any content is strictly prohibited.

Section 15: Data Protection and Privacy

15.1. Shwapno.com is committed to protecting the privacy and security of our customers' data in accordance with applicable data protection laws. Our Privacy Policy, available on our website, outlines our data handling practices.

Section 16: Communication Consent

16.1. By using our services, customers consent to receive communications from Shwapno.com, including marketing communications, subject to opting out as provided in our Privacy Policy.

Section 17: Amendment Clause

17.1. Shwapno.com reserves the right to amend these Terms and Conditions at any time. Customers will be notified of significant changes through our website or direct communication.

Section 18: User Eligibility

18.1. Services of Shwapno.com are available only to individuals who meet the legal age requirement. By using our services, you warrant that you meet this requirement.

Section 19: Dispute Resolution

19.1. Any disputes arising under these Terms and Conditions will be resolved through arbitration or mediation, as outlined in our Dispute Resolution Policy.

Section 20: Limitations of Liability

20.1. Shwapno.com's liability for any damages or issues arising from the use of our services is limited to the fullest extent permitted by law. We are not liable for indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangibles.

20.2. The total liability of Shwapno.com for any claim under these terms, whether in contract, tort, or otherwise, is limited to the amount you paid us to use the services.

20.3. Nothing in these terms and conditions will limit or exclude our liability for personal injury or death caused by our negligence, nor for any other liability that cannot be limited or excluded by law.

20.4. We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, heavy traffic, fuel, energy, labor, or materials.

Section 21: Pricing

21.1. Except where indicated otherwise, the listed or suggested price for products on Shwapno.com reflects the full retail price as suggested by the product's manufacturer or supplier, or estimated based on standard industry practices. It might also represent the estimated retail value compared to similarly featured items available elsewhere. These prices serve as comparative estimates and may not always reflect the current market price in every area on any given day.

21.2. We strive for accuracy in all our listed prices, but a small number of items in our catalog might be incorrectly priced due to technical or human errors. Should the Market Retail Price (MRP) of an item be higher than the price we have listed, we reserve the right, at our discretion, to either contact you for further instructions before dispatching the item or to cancel your order and notify you of the cancellation.

21.3. Conversely, if the MRP of a product is lower than the price listed on Shwapno.com, upon being informed, we will either process a refund for the difference or replace the product as per your preference.