These terms and conditions shall be read together with the sections stipulated in “privacy policy” and “Return policy” of this website and shall be considered as part and parcel of them.
- MINORS
By agreeing to these Terms of Service, you represent that you are at least or are the age of majority in Sri Lanka and you have given us your consent to allow any of your minor dependents to use this site. 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.
The Site is not intended for individuals under the age of Eighteen. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address below to request deletion.
- REFUSAL OF SERVICE
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card/Debit card/Master Card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
- PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
* We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
- PAYMENT METHOD
We have provided you a fully secured payment gateway collaborated with our online gateway partner https://webxpay.co/ and we will accept VISA and Master cards to maintain a trouble free shopping experience. 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 delivery 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. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- DELIVERY
Delivery will be made to the address specified by you. Delivery of our products is at this time only island wide. Our courier partner will make all deliveries to you and we do our best to secure DELIVERY WITHIN 1 – 5 WORKING DAYS Island-wide. During the Sundays and Mercantile holidays, we do not do any deliveries. On delivery you will be required to sign a proof of delivery, which shall be conclusive evidence that you have received your order. If you are unable to accept the delivery on the particular day, please contact us to arrange another delivery; however, you may be charged an additional fee. Please review our Delivery Policy for more details.
- ORDER CANCELLATION
If an order needs to be cancelled please leave a note on our website, within 30 MINUTES of placing the order and/or cancellations by customers should be done before the purchased/ordered items are dispatched from our stores. No refunds will be made for the already purchased items.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 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. You must not misuse this Website or commit any act against the law of Sri Lanka.
In no case shall Ovanco Garments of No 288/1, Attidiya Main Road, Attidiya, proprietor, 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 Ovanco Garments of No 288/1, Attidiya Main Road, Attidiya our subsidiaries, affiliates, partners, officers, 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- FORCE MAJEURE CLAUSE
Our obligation to perform the ABOVEMENTIONED clauses including privacy policy and return policy, of this agreement shall be limited by FORCE MAJEURE CLAUSE. Force Majeure Event” means the occurrence of:
(a) an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;
(b) ionising radiations, or contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
(c) pressure waves from devices travelling at supersonic speeds or damage caused by any aircraft or similar device;
(d) a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the affected Services and which is not attributable to any unreasonable action or inaction on the part of the Company or any of its Subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons;
(d) specific incidents of exceptional adverse weather conditions in excess of those required to be designed for in this Agreement which are materially worse than those encountered in the relevant places at the relevant time of year during the twenty (20) years prior to the Effective Date;
(e) tempest, earthquake or any other natural disaster of overwhelming proportions; pollution of water sources resulting from any plane crashing into [ ];
(f) discontinuation of electricity supply, not covered by the agreement concluded with the [utility company]; or
(g) Pandemic situation and/or other unforeseeable circumstances beyond the control of the Parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts,
which in each case directly causes we are unable to comply with all or a material part of its obligations under this Agreement;
(1) We shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event.
(2) As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, WE invoking it shall submit to the CUSTOMER reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of our obligations under this Agreement.
(3) We shall, and shall procure that its Subcontractors shall, at all times take all reasonable steps within their respective powers and consistent with Good Operating Practices (but without incurring unreasonable additional costs) to:
(a) prevent Force Majeure Events affecting the performance of the Company’s obligations under this Agreement;
(b) mitigate the effect of any Force Majeure Event; and
(c) comply with its obligations under this Agreement.
- APPLICABLE LAW
The Applicable Law relating to the Content, access and use of this Website is that of Sri Lanka. Use of this Website indicates your irrevocable and unconditional consent to submit to the exclusive jurisdiction of the law pertaining to Arbitration in Sri Lanka. ICLP Arbitration center shall be the place of Arbitration.
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at ovancogarments@gmail.com
Ovanco Garments (Business Registration No. W/94893)
Address: 288/1 Attidiya Main Road, Attidiya
Telephone: 0112735239 or 0766625233