Please read the Terms and Condition before using www.pathibharaonline.com. By using this site, you hereby accept these Terms and Conditions. www.pathibharaonline.com may be known as “we”, “us”, “Pathibhara Online Shop”, “Pathibhara Online – Multivendor Marketplace” or “Pathibhara Online App”.

Condition of Use:

Your Account

If you use the website, you are responsible for maintaining the confidentiality of your user name and password. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences there from. You agree that you shall provide all the correct and complete information of yourself and if we suspect or find such information to be false or incomplete or incompatible with our “terms and condition” we reserve the right to suspend, terminate or block your access to our platform. we identify you by your email address and or by your mobile number.

Condition of Sale between Seller and Customer

Please read these conditions carefully before placing an order for any products with the Sellers (“We” or “Our” or “Us”, wherever applicable) on site. These conditions signify your agreement to be bound by these conditions.

Conditions Relating to the Sale of Products to You

This part deals with condition of sale between seller and customer.

The Contract

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 confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you.

Upon time of placing the order, we indicate an approximate timeline that the processing of your order will take however we cannot guarantee this timeline to be rigorously precise in every instance as we are dependent on third party service providers to preserve this commitment. We commit to you to make every reasonable effort to ensure that the indicative timeline is met. All commercial/contractual terms are offered by and agreed to between you and the sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Pathibhara Online (www.pathibharaonline.com) does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Sellers. The seller retains the right to cancel any order at its sole discretion prior to dispatch. We will ensure that there is timely intimation to you of such cancellation via an email. Any prepayments made in case of such cancellation(s), shall be refunded to you within the time frames stipulated.

Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

You can cancel your order for a product at no cost any time before we dispatch the product.

Please note that we sell products only in quantities which 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.

Warranties, Return and Exchange

Warranties, Return and Exchange of each product are clearly mentioned on short description section of each product. Warranties, Return and Exchange applies to products sold by us as per the description mentioned by the seller. Please review these details before purchasing to the product.

If nothing is mentioned on the short description section then it is implied that no warranties on product and product will not be returned and exchanged  after purchase.

Buyer has right to check the product before making an payment on Cash on Delivery option. Product will not be returned or exchanged in case buyer has checked the product while taking delivery and paid cash or transferred digital payment on spot.

Exchange and Return are strictly prohibited on following conditions.

  • you change your mind
  • your circumstances change
  • you find cheaper products elsewhere.

Pricing and Availability

We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.

All the price are in Nepalese Rupees and inclusive of all taxes 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. 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. There are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Reselling Products

It is strictly prohibited to resale our any product for business purposes or any other.

Taxes

You are responsible for payment of all fees / costs / charges associated with the purchase of products from us and you agree to bear any and all applicable taxes.

Communications

When you visit 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 website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

Losses

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed.

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions of Sale at any time. You will be subject to the policies and Conditions of Sale in force at the time you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our Reasonable Control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Events beyond our Reasonable Control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Representations and Warranties

We do not make any representation or warranty as to specifics (such as quality, value, sale ability, etc.) 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. We accept no liability for any errors or omissions, whether on behalf of itself or third parties. We are not responsible for any non-performance or breach of any contract entered into between you and the sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site. We do not at any point of time during any transaction as entered into by you with a third party on our Site, gain title to or have any rights or claims over the products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Platform

You agree that we act as an online platform for you to purchase listed product at mentioned price from our service region at any time. you also agree that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider.

Site Availability

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

License for website access

Subject to your compliance with these Terms and Conditions, if any, Pathibhara Online grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pathibhara Online and / or its affiliates, as may be applicable. You can’t use this website and application and its data and product listing, price and other information reproduce, copy or reuse for or benefits of any third party seller or Commercial purpose. No person or Business may register on this site more than once if found so will be the breach of contract. Representation of product, price and information of it is the responsibility of the vendor and comments and feedback are by the individual itself. we do not Guarantee the representation of product by vendor to be accurate and is for informational purpose only.

You agree not to perform restricted activities listed in this section. Performing  such activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action.

  • Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
  • Impersonate any person or entity or to represent your affiliation with any person or entity.
  • Using the site for illegal Purpose or use of site to promote, post or transmit any materials Considered Illegal by the Rules and laws of Nepal.
  • Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
  • Interfere with another’s utilization and enjoyment of the Site;
  • Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and 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.

Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not www.pathibharaonline.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

  • for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
  • to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Federal Democratic Republic of Nepal or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam
  • to cause annoyance, inconvenience or needless anxiety

Your Submission

Your submission to the site such as Reviews, Comments, questions and suggestion or anything you submit to us will be our sole property and shall not be returned to you. You also grant us the right to use your submission or name you use. You shall not use a fake e-mail address, pose as someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions without any notice or legal course applicable to us in this regard.

Claims against Objectionable Content

Because we list hundreds of products for sale offered by sellers on the website and hosts many comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a “notice and takedown” basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Federal Democratic Republic of Nepal or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately. Once this procedure has been followed, we will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time

Copyright and intellectual property claims

Pathibhara Online respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please Contact us with your proof and details and we will try to resolve the issue as soon as possible

Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Us nor shall we have any obligations or liabilities in respect of any transactions on the website.

Indemnity and Release

You shall indemnify and hold harmless Pathibhara Digital, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Pathibhara Digital and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

Children

Use of www.pathibharaonline.com is available only to persons who can form a legally binding contract. If you are a minor i.e. under the age of 18 years, you may use www.pathibharaonline.com only with the involvement of a parent or guardian.

Other Businesses

Parties other than Pathibhara Online and its affiliates may operate stores, provide services, or sell product lines on www.pathibharaonline.com. For example, businesses and individuals offer products via Marketplace. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Pathibhara Online does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of Federal Democratic Republic of Nepal. . You agree, as we do, to submit to the exclusive jurisdiction of the courts in Jhapa District.

Our Details

This website is operated by Pathibhara Digital Suppliers. You may reach us here.

Software Terms

The terms and conditions found here also apply to any software of upgrade we make available to you from time to time.

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