Please review these Terms of Use carefully. They include a binding arbitration clause (see Section 20) requiring you and us to arbitrate our claims instead of suing in court.

1. Introduction

Welcome to the family of websites and applications provided by Freshbuybd.com. These Terms of Use govern your access to and use of all Freshbuybd.com Sites. By using the Freshbuybd.com Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the Freshbuybd.com Sites is unauthorized. Additional terms and conditions apply to some services offered on the Freshbuybd.com Sites (e.g., Freshbuybd Pharmacy, and Gift Cards). Those terms and conditions can be found where the relevant service is offered on the Freshbuybd.com Sites and are incorporated into these Terms of Use by reference.

DEFINED TERMS: In these Terms of Use:

  • When we say “Freshbuybd,” we mean freshbuybd.com Bangladesh, and Freshbuybd Stores(upcoming), and any subsidiaries of Freshbuybd, (including any subsidiaries that Freshbuybd may form or acquire in the future). We also refer to Freshbuybd as “we,” “us” and “our.” But when we say “Freshbuybd Entities,” we mean Freshbuybd and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
  • When we say “Freshbuybd Sites,” we mean www.freshbuybd.com, the Freshbuybd Apps(Upcoming), and all related functionality, services, and Content offered by or for Freshbuybd on or through www.freshbuybd.com and the Freshbuybd Apps or the systems, servers, and networks used to make the Freshbuybd Sites available.
  • When we say “Freshbuybd Apps,” we mean the official “Freshbuybd App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store, the “Scan & Go” Mobile App and the “Freshbuybd” App.
  • When we say “you” or “your” we mean any user (like you!) of any Freshbuybd Site.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by Freshbuybd on the Freshbuybd Sites (and any updates by Freshbuybd to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
    • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, audio clips or downloads, video clips, and written and other materials.)
    • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the Freshbuybd Sites.
    • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the Walmart Sites administrated by third-party social media platforms (e.g., Facebook ,Instagram or twitter) that allow interaction with the Freshbuybd Sites through the tools offered by such social media platforms).
    • When we say “Materials,” we mean Content that Freshbuybd Entities make available on or through the Freshbuybd Sites, including In Store Now information.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND FRESHBUYBD ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on Freshbuybd’s liability explained in Sections 17 and 18, respectively.

UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the Freshbuybd Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of the Freshbuybd Sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

REGISTRATION:

To Register with freshbuybd.com and purchase products from our website you must;

  • Be 18 years of age and over.
  • Ensure that all details provided by you on registration or at any other time are correct and complete.
  • Inform us immediately of any changes to the information provided when registering by updating your personal details.
  • Give us your real company name, address, phone number, email address and any other details requested to process your order.
  • We reserve the right to:

  • Decline a new customer registration or suspend a customer at any time at our discretion.
  • Terminate your access to all or part of the services with or without notice.
  • Discontinue all or part of the website with or without notice.

AMENDMENTS

We reserve the right to change the website and update these Terms and Conditions from time to time and publish the updated version. Please check prior to using our site or placing an order, for any changes and that you understand the applicable Terms and Conditions. If you do not agree with any of the revised Terms and Conditions please do not order from us or continue to use our website. If you continue to use our website or place subsequent orders then you are agreeing to the new Terms and Conditions.

AVAILABILITY

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to you. Please note that we will attempt to deliver substitute products should selected products be unavailable, unless you request for us not to do so. A full refund will be given where the products have already been paid for.

Although we will always try to cater for your orders, an order of large quantities of an item can only be fulfilled at the discretion of the Warehouse. For example, if you were to make an order of 20 boxes of a given sauce, which would use up all the warehouse stock, the warehouse may only dispatch 10 boxes.

2. PRICING, DESCRIPTIONS AND PRODUCT INFORMATION

Pricing

The price of a product is that which is displayed on the website at the time of placing the order (plus a delivery charge). Our website has large number of products and despite all of our efforts it is always possible that a listed product could be priced wrongly. If the correct price of the product is higher than the price stated on the website, then we are under no obligation to supply the product at this price. Should this be the case then you will be advised as soon as possible and given the option to reconfirm the order at the correct price or cancel it. Should we be unable to contact you then the order will be treated as cancelled.

The prices visible on the website are only representative of the products sold via the website and may differ to our cash and carry pricing. All prices are shown in Bangladeshi Taka (Tk, ৳) and where applicable VAT will not be charged at the order confirmation and check out process.

Description and Product Information

We take all reasonable care to ensure that all prices, details, descriptions and product information appearing on the website are correct at the time being inputted onto the system, but the information appearing on the website at any given time may not reflect the exact information at the time of placing the information.

Please be aware that the appearance and colors of our products may vary slightly from the appearance given on the site and we cannot guarantee that the product on delivery will reflect its appearance on your monitor. All sizes, measurements and dimensions are approximates and every effort has been taken to ensure that they are as accurate as possible.

3. PLACING AN ORDER AND ACCEPTANCE

The placing of an order is an offer to buy from us and a contract is only formed once the order has been dispatched. At any point until then, we may decline the order and the supply of the goods. The order acknowledgement email and order number do not confirm the order and are not an acceptance from us. Where items are dispatched separately, our acceptance of the order takes place for each item at time of dispatch.

PAYMENT

Unless otherwise stated, orders will be placed on a pro-forma basis. At checkout an order confirmation will be generated for yourself and us. We will check this order and a pro-form will be generated to show the products that will be dispatched. At times the pro-forma may differ from the order confirmation due to availability. Once payment is made, either by Mobile/ Agent Banking payment directly into our account, by debit/credit card or cash on collection, an invoice will be issued for your purchase.

If using a card for payment, the name, address and other personal information supplied during the placing of an order will be validated using a third-party database to ensure that the card is not being used without the card holders’ consent. By agreeing to these terms and conditions you are giving consent to such checks being carried out.

All products ordered will remain the property of Freshbuybd.com until payment has been received in full.

DELIVERY

We send out all our shipments within the Bangladesh using third Party Courier depending on the size of the order and delivery address. Delivery shall be made to the registered delivery address, or the address given when the order was placed. It is your responsibility to make sure a responsible adult of 18 years or over is available at time of delivery to check and sign for the goods. If this is not the case, we reserve the right to have the shipment returned to us and you will be charged for the missed delivery and any further delivery charges incurred.

Orders are usually dispatched within 24 hours, however on some occasions it may take longer for the products to be dispatched. Delivery charges are calculated after an order confirmation is placed to get the lowest possible charge from our haulage partners and this will be visible in the pro-forma issued to you. Delivery dates and times will be agreed by yourself and the haulage company prior to the start of your delivery, as and when they call to book in the delivery. Delivery times are approximate and we shall not be liable for any missed, cancelled or late deliveries.

If collecting from our warehouse, a delivery charge will not be incurred and a time of collection will be agreed with us.

Orders as usually delivered within 24 hrs. of placing an order except Frozen food and Pre-ordered Family bazar, but at times due to unforeseen circumstances this may not be the case. Orders placed before 9am can be selected on a next day service but this is dependent on availability, delivery address and prior confirmation of shipping charges. At certain times, promotional offers may allow for a reduced or free delivery option. This shall be visible on our website or on our promotional documents.

International delivery will be agreed dependent on the haulage company being used and the country of delivery. Any international customers will be contacted accordingly to agree terms of shipping.

Whilst we take every care to ensure that the products are delivered in a given time frame, we do not accept any liability if we fail to do so in part or in full due to circumstances being out of our control.

RETURNS, REFUNDS, CANCELLATIONS AND DAMAGED OR INCORRECT GOODS

If you have changed your mind about an order then you have the right to cancel it. Cancellation of an order can be made prior to the order being dispatched and full responsibility of the cancellation remains with you until we have been informed.

We do take care to make sure that all our goods reach you in perfect condition but if for any reason you would like to return some or all of your non-perishable goods then you are entitled to do so, and we would be happy to refund or replace the items for you. Unfortunately, due to the shorter life span, perishable goods cannot be returned or replaced. In the event that you do wish to return any part of your order due to shortages, damages or errors in your order, we must be notified by either email or phone within 24 hours of receiving the shipment. We ask that photos/Videos be taken of any damaged goods and note written on the delivery slip confirming this. In this case the necessary arrangements will be made to have the goods returned to us and on inspection a refund or a replacement will be arranged. Where applicable a refund will be made using the same payment method that was used when purchasing the products.

We shall not be liable for any further claims for loss from or in conjunction with the supply of unsatisfactory goods, whether direct, indirect, consequential or otherwise however this may arise. Nothing in our returns policy affects your statutory rights.

SPECIAL OFFERS AND PROMOTIONS

From time to time we shall give special offers and promotions on the website. These offers are subject to availability, while stocks last and the instructions of the offer, which form part of the Terms and Conditions. All offers can be altered or removed at any time without any prior notice, but any order placed before the offer has come to its end, before being removed or altered shall be honored. We reserve the right to change offers dependent on the customer and different market sectors.

WARRANTY & LIABILITIES

Whilst every care is taken to deliver your order, we cannot be liable for any indirect or consequential loss, damage or loss of profit arising from our supply or failure to supply any goods to you. We will not be responsible for any breach of these Terms & Conditions as a result of any circumstances beyond our control, any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control. Our entire liability to you in connection with any order will not exceed the total price charged for the relevant goods and delivery charges in that order.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. Nothing in these Terms and Conditions will restrict our liability to you for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty. Nothing in these Terms and Conditions affect any of your statutory rights.

CONTACT

Please contact us through our contact form on the contact us page or by e-mailing us at sales@freshbuybd.com. If you have not received a reply in 3 working days, please contact +880 01701 39 29 44.

LINKS

We may provide or third parties may provide links to other websites. We have no control over and shall not be held liable for any content found on such sites, you agree to the information and links to the third-party websites being provided solely for your convenience. If you do decide to access to the third-party websites through the links, you do so at your own risk.

WEBSITE AVAILABILITY & IMAGES

While we take every care to ensure that the website is available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time, for any period.

All the images on the website are property of Freshbuybd.com and downloading of any images is prohibited. At any given time the product images on the website may be different to the current product packaging. This may be due to changes in the packaging, the price mark or other aspects of the packaging, which are out of our hands. We will do our best to change the images where necessary, but will not be held liable for any reason where this has not been achieved.

GENERAL

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. If you breach these Terms and Conditions and we ignore this, we will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

The contents set out herein form an electronic record in terms of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ (Information & Communication Technology Act, 2006) and rules there under 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.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1872 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

The contents set out herein form an electronic record in terms of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ (Information & Communication Technology Act, 2006) and rules there under 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.

Use of the Website is available only to such persons who can legally contract under the Contract Act, 1872.