TERMS AND CONDITIONS
In these terms and conditions, the "Company" will mean WELLS DIGITAL INFRASTRUCTURE (PVT)LTD, or known as Seashell Beauty, the holder of sole and exclusive rights to operate stores under Seashell Beauty brand in Sri Lanka, and the "Customer" will mean any person, firm, company or body which places an order with the Company. Please read these terms and conditions carefully before using the site. By using the site or any part of it, you agree that you have read these terms and conditions and that you accept and agree to be bound by them.
GENERAL
1. You agree that the Company reserves the right to amend these terms and conditions at any time, in the Company’s sole discretion, by posting any such amendment(s) to the Company’s website (the “Site”) without prior and separate notice. We advise you to enter into the Company’s website, from time to time, to check and receive an information in respect of the terms and conditions which are prevail and bind you.
2. Your continued use of the site or any part of it after amendment to these terms and conditions is posted will be deemed as full knowledge and acceptance of the revised terms and conditions. If you do not agree to any such amendment(s), your sole recourse shall be to cease using the Site.
3. You agree and undertake NOT to: (i) post, promote or transmit any materials or information through the Site which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Site or the operation of the Site; (ii) use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use the Materials other than as allowed under applicable laws; or (iii) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
4. Any feedback, comments, or suggestions (“Submission”) you may provide regarding the Services is entirely voluntary and we will be free to use such Submission as we see fit and without any obligation to you. By making a Submission, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission throughout the world in any media. You also grant us the right to use the name you submit in connection with such Submission.
INTELLECTUAL PROPERTY
1. You acknowledge that the Services contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. You acknowledge that all such Content is proprietary to the Company and/or our suppliers. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
2. Nothing in the Terms gives you a right to use the Company’s name or any of the Company’s trademarks, logos, domain names, and other distinctive brand features, and you may not use the same without our express written permission.
3. Permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
4. Use of the services and content by third parties – even of extracts – for the commercial purposes of offering goods and/or services– is not permitted. Infringements may be subject to legal action.
PRICE AND PRODUCT
1. The Company shall make every effort to ensure that prices, details and sizes of products on Site are up to date. However, the Company is not responsible for the assurance that the product description is accurate, up-to-date or free from error. Prices are subject to change without prior notice and any responsibility for the Company to give the reasons, and all orders are subject to Company‘s acceptance at its sole discretion and stock availability.
2. The Company shall make on best effort basis to ensure products displayed on the Site are in stock. If from time to time products become out of stock, the Company reserves the right to cancel the order or offer alternative product/s to the Customer of similar value and range, or refund the payment in the case the aforementioned alternative products are not available as well.
3. Prices charged for purchases on the Site may be different from those charged in our Seashell Beauty offline stores, or those at the same time placed at other MarketPlace platform.
4. The prices charged are those applicable on the day your order is confirmed.
5. All orders are subject to confirmation of final availability and the Company reserves the right to reject the order in the event that any of the products or services requested is unavailable. In the event that we are unable to fulfil any of the products or services in your order, we will notify you by phone or email.
6. All pictures and images of the products displayed on the Site are for illustration purposes in order to help the Customer to recognise the products only. The actual size, dimension and colour of the products may differ.
7. It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
REGISTRATION AND ACCOUNT SECURITY
1. To register with the Site, you must be:
2. over eighteen (18) years of age.
3. legally capable of entering into binding contracts.
If you are below eighteen (18) years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of the these Terms and their agreement to take responsibility for (i) your actions; (ii) any charges associated with your use of any of the services, software or content provided; and (iii) your acceptance and compliance with the these Terms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Site.
4. Customer is required to register before placing any order through this Site. During the registration:
5. You must provide us with accurate, complete, correct and up to date registration information;
6. You authorize us to assume that any person using the Site with your username and password is either you or is authorized to act for you.
7. You are responsible for safeguarding your username and password that you use to access the Services and for any activities or actions under your password. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
8. The Company has the absolute discretion to refuse registration of a potential customer and to terminate the registration of any Customer for any reason whatsoever.
9. Customer self-update in Seashell Beauty.lk immediately of any changes to the profile information that you provided so that we can communicate with you effectively.
8. Customer shall be liable for every order made under your login and agrees to indemnify the Company for all claims, damages whatsoever made by any third party arising from the actions of a person placing orders through this Site using your login.
9. Should you find any unauthorised use of your login, you shall notify the Company immediately and effectively.
ONLINE ORDER
1. Once you have selected a product that you wish to order via www.Seashell Beauty.lk, you will then be shown (on the Sites) the charges you must pay including taxes, if applicable, and any applicable delivery and/or insurance charges.
2. Customer that selects the payment method other than Cash on Delivery (COD), shall pay for the order in full at the time of ordering by your credit card, or makes the direct payment via ATM/Bank Transfer, [e-money/e-wallet] or other acceptable payment method shown in the Site, which we require in order to process your order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event we shall not be bound to supply before we have received cleared funds in full. For those non-COD order, we will only process the order and delivery once we obtain the confirmation from our payment gateway that the payment has been made in full.
3. When you submit an order to the Site, you agree that you do so, subjected to the current Terms and Conditions at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
4. We shall not be obliged to supply the product to you until we have accepted your order. An order shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of an email document called "Order Confirmation" stating that we are accepting your order.
5. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order.
CANCELLATION
1. The Company may cancel an order if the product is not available for any reason or any other reasons which caused an order not able to be fulfilled. We will notify you if this is the case.
2. In the case of cancellation of non-COD orders in which you have made the payment, then it will be refunded by bank transfer with equivalent sum value to the money that the Company has received from you. The payment will only be made to the bank account of the same the Customer placing the order and making the payment. You need to fill up the Refund Form with correct, complete and accurate information to enable the Company to effect the payment. The Company could refuse to make the transfer in the case, the information is deemed to be incomplete or inaccurate, and the Company reserves the right to request additional information from you to ensure the Form is completely filled up.
3. You are not allowed to cancel the order once an Order Confirmation is issued. If you wish to seek further information or assistance, kindly contact our customer service by sending an email to customerservice@Seashell Beauty.lk
For this cancellation, the Customer is not entitled to file claim or demand against this transaction cancellation.
RETURN, REPLACEMENT, AND REFUND
1. You shall examine the product upon collection for any deficiencies and/or damages or having incorrect quantities or specification. If any product is found to be expired, missing, incorrect or damaged inside after receiving the order, Claims for return (if any) must be lodged to Website Customer Service via the ‘Contact Us’ in in the Site or sending by email to customerservice@Seashell Beauty.lk within the next 2 (two) working days counting from the date the items received by the customer; otherwise we shall have the discretion to refuse your request and claims, after 2 working days counting from the date the items received by the customer. All requests for refund will be reviewed on case-by-case basis and subjected to the company’s approval.
2. Return of products can be arranged if the product is expired / incorrect/ damaged/incomplete, in its original packaging upon delivered.
3. The Company reserves the rights to reject any exchange or refund for opened or used product. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result of such rejection.
4. You are required to fill and complete a Return Form provided by one of our Customer Service. Once approved, you are then required to return the product(s) to one of our warehouse(s) or any other location informed to you by our Customer Service. Seashell Beauty will bear the delivery cost for such return.
5. For those returned Products, the Company will replace with the same type of Products, or if not available, will offer alternative Product/s to the Customer of similar value and range. If the alternative proposed by the Company is not acceptable to you, then the Company shall refund the money received from you after the Refund Form from you accepted by the Company.
6. The Company will only make the refund to you once the Return Form and Refund Form is completely and correctly filled up by you, and approved by the Company, and the Company has received the returned Products at our warehouse or any other designated location.
7. The Company will only refund the sum of money that effectively received from you in the Company’s bank account.
8. We don’t provide any guarantee about the time commitment to get the refund money into your bank account. The transfer process will take more time and subject to each bank’s processing time.
9. We reserve the rights to make changes to the refund mechanism without any liability for informing you in advance.
10. The Company will bear the bank-related charges related to the refund.
PAYMENT
1. The Customer is subject to the acceptable payment method as shown in the Site. The Company shall not be liable for any credit card fraud.
2. All product prices listed in the Site are in Sri Lanka Rupee.
3. To provide a secured online commerce transaction, we engage Internet‘s Secure Sockets Layer (SSL) technology. It encrypts your personal information, including credit card number, name and address, so that it would not be read as the information travels over the Internet. To check SSL Certificate information, you can right click the mouse and choose "Properties" & "Certificates".
4. Full payment in respect of an order on non-COD must be made upon the placing of the order. If your payment cannot be processed, the order will not be accepted.
5. You should follow the terms and conditions of the applicable payment methods, and the Company reserves the rights to change, add, or even stop, temporarily or permanently, a payment method.
6. We reserve the right to change the payment terms for any order without prior notice.
7. We reserves the right to change the payment mode for Products offered in this Site at any time by announcement via the Site, email and any other means of public communications.
8. If payment for any order has already been made but the order is not accepted by us, you will be entitled to a refund via bank transfer. We shall not be liable with respect to any loss, damage, cost or expense that you or any person may incur as a result of any delay in processing the said refund.
DELIVERY
1. We reserve the right to reject orders that are deemed trading in nature. For such cases, we will investigate and reserve the rights to cancel such orders.
2. We aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
3. Customer bears responsibility for the Products upon signing the receipt of the Products. If a Customer believes that a parcel has been tampered with, please refuse to sign the receipt for the Products and notify the Company’s Customer Service.
4. The Company does not give any guarantee for the delivery to be arriving at the Customer’s hands on certain date or time, and the delivery time will depend upon the courier company services. The Customer understands and approves that every problem occurring in the delivery process of the Products by the courier company will be the responsibility of the courier company.
FORCE MAJEURE
We shall not be liable for any breach of our obligations under these terms and conditions where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including but not limited by lightning, fire, flood, extremely severe weather, strike, lock-out, labor dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
DATA PROTECTION
Kindly refer to our Privacy Policy which forms part of these Terms and Conditions.
APPLICABLE LAW
1. The Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Republic of Sri Lanka, and any dispute arising out of the Terms of Use and our services shall exclusively be submitted to the Jakarta Selatan District Court of Sri Lanka.
2. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights to other party.
DISCLAIMER
1. By accessing and using Seashell Beauty.lk you acknowledge and accept that the use of the Site is at your own risk. Subject to any rights you may have under any consumer protection law and to the fullest extent permitted by law, we shall not be liable for any direct loss, indirect loss, incidental, consequential or punitive damage or for damages for lost profits or for loss of revenue arising out of any use of, access to, or inability to use the Site.
2. This Site and all information and materials contained in it are provided “As Is” and “As Available” basis. Without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title, quality, merchantability, fitness for purpose, privacy or non - infringement. We have no liability or responsibility for any errors or omissions in the contents of the Site.
3. We assume no responsibility and shall not be liable (to the extent permitted by law) for any damage or injury arising out of any use of or access to the Site/catalogue, or any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of data or compatibility problems), theft, destruction or alteration of the Site, whether for breach of contract, tortious behavior, negligence or, under any other cause of action resulting directly or indirectly from any access or use of the Site/catalogue, or any uploading, downloading or publication of data, text images or other material or information to or from the Site.
4. The Company may suspend the Site for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.