Term Conditions

Welcome to Digital Gallery

digitalgallerykp.com and Digital Gallery Mobile Applications (Both Android & IOS) and its affiliates provide their services to you subject to the terms and conditions given here under. If you visit shop us at Digital Gallery.COM. you accept these Terms and Conditions. Please read it carefully. In addition, when you use any current or future Digital Gallery  service (e.g. Your Account/Profile, Gift, Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Digital Gallery , whether or not included in Digital Gallery, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Digital Gallery . By using the shopping and other services of Digital Gallery , you agree under these terms and conditions. All products/services and information displayed on Digital Gallery  constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. Digital Gallery  reserves the right to accept or reject your offer at any time or under any circumstances.

Definitions:

“Agreement” means the terms and conditions as detailed here in including all schedules, Appendices, Annexure, Privacy Policy, Delivery Policy, Return Policy, Refund Policy or any other policy or circumstances respectively and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

“Digital Gallery” means the online shopping platform www.Digital Gallery.Com (site/website) and the Mobile applications/mobile interfaces applications/ apps) and the services provided by it and its affiliates owned and operated by Digital Gallery, which provides a venue / platform to the users of Digital Gallery to buy the products listed on Digital Gallery.

“Product/Products” means and includes any goods /merchandise /products /services /offers /display items  on Digital Gallery.

Electronic Communication:

When you visit Digital Gallery or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by sms or phone on Digital Gallery. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of warranties:

Digital Gallery has made this service available to use as a matter of convenience. we expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. we also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. This shop not warrant that these sites/applications, its servers, or e-mail sent from Digital Gallery are free of viruses or other harmful components. This shop will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

The Service(s) of Digital Gallery is provided on an “as is” basis without warranties of any kind, whether express or implied. Digital Gallery does not represent or warrant maintaining the confidentiality of information; although Digital Gallery\’s current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or expressed, take place directly between the us and the User/buyer/customer.

Limitation of liability

Digital Gallery assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the services.

Any interruption or errors in the operation of the services. You expressly understand and agree that Digital Gallery shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Digital Gallery has been advised of the possibility of such damages)

Digital Gallery therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity /availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on Digital Gallery.

Digital Gallery shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Digital Gallery.

All prices, unless indicated otherwise are in BDT / USD/ AUD and Digital Gallery reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice. The availability of products is subject to change without prior notice at the sole discretion of Digital Gallery and orders can be cancelled if the product goes out of stock. Digital Gallery reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by Digital Gallery the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.

In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Digital Gallery will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to \’prove otherwise\’ shall be exclusively on the User.

Cancellation of Orders:

Any request for cancellation of orders once duly placed on the site, shall not be entertained. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Digital Gallery for re-delivery shall be claimed from the User placing the order.

All products are duly screened and assured by us to ensure that the products are of the standard, quality, composition, style or model that they represent and as displayed on Digital Gallery.

Use of the Digital Gallery is available only to persons who can form legally binding contracts under Australian Contract Law. Persons who are “incompetent to contract” within the meaning of the Australian Contract Law including minors, un-discharged insolvents etc. are not eligible to use Digital Gallery.

If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Digital Gallery and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of Digital Gallery or can use Digital Gallery as a Guest User. Digital Gallery reserves the right to terminate your registration and refuse to provide you with access to Digital Gallery if it is brought to Digital Gallery’s notice or if it is discovered that you are under the age of 18 years.

Your Account:

If you use Digital Gallery, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. Digital Gallery does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise.

Reviews, Comments, Communications, and other Contents:

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Digital Gallery reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

Suspension due to Non-Compliance with Agreement:

Notwithstanding other legal remedies that may be available to Digital Gallery, Digital Gallery may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the sites/applications if:

The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Digital Gallery.

The user has provided wrong, inaccurate, incomplete or incorrect information.

The user attempts to defraud Digital Gallery by using the functionalities on the websites/ mobile sites/applications;.

If your actions may cause any harm, damage or loss to the other Users or Digital Gallery Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to, Digital Gallery will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Product Description:

Digital Gallery attempt to be as accurate as possible. However, Digital Gallery does not warrant that product descriptions or other content or prices/amounts on Digital Gallery are accurate, complete, reliable, current, or error-free. If a product offered by Digital Gallery itself is not as described, your sole remedy is to return it in unused condition.

Pricing:

Except where noted otherwise, the Selling Price/Digital Gallery price/MRP/MOP/List Price/Offer Price displayed for products on our websites/mobile sites/applications represents the full retail price listed on the product itself, suggested /offered by the manufacturer or supplier or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.

The Selling Price/Digital Gallery price price/MRP/MOP/List Price/Offer Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price/ Digital Gallery price price may represent “open-stock” prices, which mean the aggregate of the manufacturer\’s estimated or suggested retail price for each of the items included in the set /pack /combo /arrangement.

Applicable final price to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of Digital Gallery.

Material Submitted by Users:

Certain elements of the sites/applications will contain material submitted by users. Digital Gallery accepts no responsibility for the content’s accuracy or nature or to the conformity to applicable laws of such material.

Indemnity:

You shall indemnify and hold harmless Digital Gallery, its subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys\’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.

Arbitration:

If any dispute arises between you and Digital Gallery, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first disposed off mutually.

Entire Agreement:

These Terms of Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You agree, undertake and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which the you do not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophile, libelous, invasive of another\’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force.

Any complaint with regard to any violation of Terms of Use on this site should be addressed to the email to info@Digital Gallery.com