1.         Terms of Use 

1.1       Welcome to hortexbazarbd.com provides access to the hortexbazarbd.com e-commerce website or any other media (“Website”) to you subject to the terms and conditions (“Terms”) set out on this page. By using the Website, you, a registered or guest user in terms of the eligibility criteria set out herein (“User”) agree to be bound by the Terms. Please read them carefully as your continued usage of the Website, you signify your agreement to be bound by these Terms. If you do not want to be bound by the Terms, you must not subscribe to or use the e-commerce Website or our services.

1.2       By impliedly or expressly accepting these Terms, you also accept and agree to be bound by hortexbazarbd.com Policies as amended from time to time.

1.3       In these Terms, references to “you”, “User” shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. References to the “Website”, “hortexbazarbd.com”, “we”, “us” and “our” shall mean the Website and/or hortexbazar.

1.4       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.

1.5       The e-commerce website hortexbazarbd.com is operated by Hortex Foundation. The Horticulture Export Development Foundation, in short, “Hortex Foundation” is registered as a Company Limited by Guarantee and Licensed under Section 26 of the Companies Act, 1913 having Registration No. C-323(11)/93. Hortex Foundation was established in 1993 as a “not for profit” organization under patronization of the Ministry of Agriculture, Government of Bangladesh. Hortex Foundation having its registered office at Sech Bhaban (3^rd Floor, Western Side), 22 Manik Mia Avenue, Sher-e-Bangla Nagar, Dhaka-1207, Bangladesh. All references to the Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.

1.6       This e-commerce Website may also contain links to other websites, which are not operated by hortexbazar, and hortexbazar has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.

1.7       Hortex Foundation reserves the right to change these “Terms of Use” at any time. Such changes will be effective when posted on the e-commerce Website. By continuing to use the e-commerce Website after we post any such changes, you accept the Terms as modified.

1.8       These Terms will continue to apply until terminated by either you or hortexbazarbd.com in accordance with the terms set out below:

1.9       The agreement with hortexbazarbd.com can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to you.

1.10    Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.

2.        Eligibility

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

2.2       If you are a minor i.e. under the age of 18 years, you shall not register as a user of hortexbazarbd.com and shall not transact on or use the e-commerce Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. hortexbazarbd.com reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to hortexbazarbd.com notice or if it is discovered that you are under the age of 18 years.

2.3       By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.

3.        Communication

3.1       When you use hortexbazarbd.com, or contact us via phone or e-mail, you consent to receive communication from us. You authorize us to 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 transactional, promotional and/or awareness messages), from us with respect to your use of the e-commerce website and/or your order placed on the e-commerce Website.  Additionally, any disclosures posted on the site, or sent to you by e-mail fulfill the legal obligation of communication made in writing.

4.        Your Account and Responsibilities

4.1       Any person may access the e-commerce Website either by registering to the e-commerce Website or using the e-commerce Website as a guest. However, a guest user may not have access to all sections and/or sub-sections of the e-commerce Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the e-commerce Website.

4.2       If you wish to register your account with the e-commerce Website, you shall be required to create an account by registering with a valid Bangladeshi mobile number and/or with your Facebook account or your e-mail address or by filling in the details prescribed in the e-commerce Website registration form. You will then receive a password or one-time PIN with which you can login to the website to place orders.

4.3       If you use the website, you will be responsible for maintaining the confidentiality of your “username” and “password” and you will be responsible for all activities that occur under your username and you will be under the obligation to restrict access to your computer or laptop or mobile phone to prevent unauthorized access to your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we have the right to suspend or terminate your membership on the e-commerce website, hortexbazarbd.com.

4.4       The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance.

5.        Charges

5.1       Membership on the e-commerce website, hortexbazarbd.com is free of cost for the users. hortexbazarbd.com does not charge any fee for browsing and buying on the website. hortexbazarbd.com reserves the right to change its fee policy from time to time. In particular, hortexbazarbd.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the e-commerce website. In such an event, hortexbazarbd.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy will be posted on the e-commerce website and such changes will automatically become effective immediately after they are posted on the e-commerce website.

6.        Copyright

6.1       The material (including the content, images and any other content, software or services) contained on hortexbazarbd.com are the property of Hortex Foundation and its subsidiaries. No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored or distributed without written permission from hortexbazarbd.com

6.2       You may not use any “page-scrape”, “deep-link”, “robot”, “spider” or other such automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to acquire, access, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.

7.        Cookies 

7.1       hortexbazarbd.com uses cookies, which means that you must have cookies enabled on your computer in order for all functionality on this site to work properly. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies, by themselves, cannot be used to find out the identity of any user.

8.        Promotional Activity

8.1 To promote its services of hortexbazarbd.com uses various advertisement and commercials which are truthful and are not deceptive or unfair to the best of our knowledge and belief. Every user is under the obligation to go through the relevant information contained in the e-commerce website before using the service and it will be assumed that each user is aware of information provided in the e-commerce website. Images of agricultural produces/products in the e-commerce website are for and by reference only and actual produce/product may vary from the corresponding image exhibited. The e-commerce website disclaims any liabilities arising out of any discrepancies to this end to the fullest extent permitted by law.

9.        The Contract

9.1 Your order is an offer to us to procure the produces/product (s) in your order. When you place an order to buy a produce/product from us, you will receive an e-mail and/or SMS to your mobile phone number confirming receipt of your order and/or containing the details of your order (the “Order Confirmation E-mail and/or SMS”). The Order Confirmation E-mail and/or SMS is acknowledgement that we have received your order, but does not confirm acceptance of your offer to buy the produces/product (s) ordered; that when we send the Order Confirmation E-mail and/or SMS a contract called an “agreement to sell” is concluded in accordance with Section 4(3) of the Sale of Goods Act, 1930 i.e. the transfer of the property in the goods is to take place at a future time when the produces/product (s) is/are delivered to your selected address or pick from Hortex store. We only accept your offer, and the above “agreement to sell” becomes a contract of sale for produces/product (s) ordered by you in accordance with Section 4 (4) of the Sale of Goods Act, 1930, when the produces/product (s) is/are delivered to your chosen address or directly pick from Hortex store and at that time the property in the produce/product (s) is/are transferred from us to you.

9.2       You can cancel your order for a produce/product (s) at no cost any time before the produce/product (s) is delivered to you or pick from Hortex store.

 10.      Produce / Product (s) Descriptions

10.1 Our attempts to be as accurate as possible to make available quality and safe produce for the domestic consumers and linkage among farmers, farmers group (CIGs), Producer Organization (POs), traders, exporters, processors, international buyers. hortexbazarbd.com does not producer/grower or make any produce/product (s) by themselves rather promoting individual farmer or farmer association or group farmers like Common Interest Group (CIGs) or Producer Organization (PO) under National Agricultural Technology Program-Phase II Project (NATP-2) across the country. Therefore, hortexbazarbd.com does not warrant that produce/product (s) descriptions or other content of any hortexbazarbd.com produce/product (s) is/are accurate, complete, reliable, current, or error-free.

11.       Pricing of the produce / product (s)

11.1 Except where noted otherwise, the price list landing page displayed for the produce/product (s) on hortexbazarbd.com represents the full retail price listed on the produce/product (s) itself, suggested by the producer or supplier or CIGs or POs or estimated in accordance with Good Agricultural Practices (Bangladesh GAP Standard); or the estimated retail value for a comparably featured item offered elsewhere in the market. The price list of the produce /products (s) is/are a comparative price estimate and may or may not be represented the prevailing price in every corner of the country or in export market on any particular day.

11.2 Despite our best efforts, a small number of the produce / products (s) in our price list landing page may be mispriced. If the Maximum Retail Price (MRP) of an item sold by hortexbazarbd.com is higher than our listed price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. And if the listed price on the produce/product (s) is lower than hortexbazarbd.com, we will, either refund the amount or replace the produce /product (s) according to your preference, when acknowledged.

12.       Return Policy

12.1 A customer may return any produce/product (s) during the time of delivery or pick from Hortex store, if:

1. Found damaged of the produce/products (s) during delivery time
2. Received produce in an unhygienic / unexpected condition
3. Finds produce/product (s) un-consumable/un-usable

13.       Refund Policy

13.1 hortexbazarbd.com is always trying its best to serve the users/consumers/customers. But if under any circumstances, hortexbazarbd.com fails to fulfill commitment or to provide the service, hortexbazarbd.com will notify the users/consumers/customers within 24 hours via phone/text/email. If the service, that hortexbazarbd.com fails to complete, requires any refund, it be done maximum within 14 (fourteen) days after our acknowledgement.

13.2     Refund requests will be processed under mentioned situation:

• Unable to serve with any committed produce/product (s)
• Users/Customers/Consumers return any produce/product (s) from a paid order

14.       Supply Policy

14.1 hortexbazarbd.com, itself does not grow or manufacture any produce/product (s), therefore, hortexbazarbd.com is always trying to control the quality of the produce/product (s). hortexbazarbd.com believe the individual farmer or farmer association or group farmers like Common Interest Group (CIGs) or Producer Organization (PO) or Manufacturer or Vendor or Supplier are fully capable of assuring the quality of every produce/product (s).

14.2 All images of produce/product (s) displayed on the e-commerce website are subject to change and are subject to availability for timely delivery.

15.       Modifications 

15.1 hortexbazarbd.com reserves its right to modify above mentioned Terms and Conditions at any time. Such modifications and changes shall be effective immediately upon posting on hortexbazarbd.com. You are responsible for reviewing of such modifications and changes. Your continued access or use of hortexbazarbd.com shall be deemed your acceptance of the modified terms and conditions.