Website Terms of Use
This website is operated by M.D. Gunasena & Co. (Pvt.) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to M.D. Gunasena & Co. (Pvt.) Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, policies and notices stated here.
By visiting our website and/ or purchasing products and services from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Online Store Terms
By agreeing to these Terms of use, you represent that you are at least 18 years old or visiting the website under a supervision of a guardian.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your services, including the cancelation of your account and all pending orders.
Copyright Infringement
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the website through which the service is provided, without express written permission by us.
Product Availability and change in Prices
We try our best to show accurate information to our customers when it comes to product specifications, prices, Discounts, Images and Availability. However, we reserve the right to modify or discontinue the Products and Services (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any deletion / suspension, modification, price change and non-availability.
Exclusivity and Product Description
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Confirmation of Order
Once you finish shopping and have begun the checkout process and accessed our payment gateway to complete the payment, you will receive an email from us confirming your order. The confirmation email will also provide you with the order number and the detailed invoice.
Payments
We accept payments via Visa, Master or AMEX. All our payments are processed through PayHere Service. Soon you will also be able to pay using the M.D. Gunasena loyalty points and the M.D. Gunasena eGift Vouchers. All network communications between the end-users & PayHere are encrypted & secured over an SSL layer, certified by an EV SSL Digital Certificate that provides the highest available digital authentication. Card credentials are processed securely on PCI DSS Level 1 certified secure bank backend. For more details, visit https://www.payhere.lk. Once the payment is made you will be re-directed back to www. mdgunasena.com.
At the checkout process if a payment does fail try the following options: 1. Ensure that the information – account details, credit card number, billing address etc. is accurate. 2. Your Internet connection is working. 3. Verify with the Bank whether your card has sufficient funds to make the necessary payments and is authorized for online transactions.
Delivery and Shipping Information
Local Orders will be delivered to the location provided by you within 3-5 working days depending on the availability of the products and your location. The delivery charges are included at the time of placing the order. We also undertake international shipping via FedEx. Delivery periods provided in our site will neither form a condition nor a warranty on the delivery period as it depends on other prevailing local and global factors that may affect our commitment.
Cancellation of orders and Exchange
Once payment is made your order cannot be cancelled. No cash/credit cards/cheque refunds are made under any circumstance. However, you are entitled to an exchange 3 days from the date of receipt of the order. The goods to be exchanged must be in its original condition. We may be compelled to cancel an order due to the non – availability of stocks and our customer care desk will always inform you in such instance.
Declining and Limiting an Order
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
User Comments, Feedback and other Submissions
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall M.D. Gunasena & Co. (Pvt.) Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Indemnification
You agree to indemnify, defend and hold harmless M.D. Gunasena & Co. (Pvt.) Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Waiver of Rights
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.