Please read the Terms and Conditions carefully before using apeshop.lk.
document is an electronic record in terms of Electronic Transactions Act. No 19
of 2006 and rules there under as applicable and the amended provisions pertaining
to electronic records in various statutes as amended by the Electronics
Transactions Act No. 19 of 2006.
electronic record is generated by a computer system and does not require any
physical or digital signatures.
Welcome to apeshop.lk also hereby
referred as “we", "us" or "
". We are an online marketplace and these are the terms and conditions
governing your access and use of apeshop along with its
related sub-domains, sites, mobile app, services and tools (the
"Site"). By using the Site, you hereby accept these terms and
conditions (including the linked information herein) and represent that you
agree to comply with these terms and conditions (the "User
Agreement"). This User Agreement is deemed effective upon your use of the
Site which signifies your acceptance of these terms. If you do not agree to be
bound by this User Agreement please do not access, register with or use this
Site. This Site is owned and operated by Powersoft Private Limited.
Powersoft Private Limited reserves the right to change, modify, add, or
remove portions of these Terms and Conditions at any time without any prior
notification. Changes will be effective when posted on the Site with no other
notice provided. Please check these Terms and Conditions regularly for updates.
Your continued use of the Site following the posting of changes to Terms and
Conditions of use constitutes your acceptance of those changes.
that we are providing to you via the Sites consist of the Content and the
Functionalities available on the Sites or otherwise provided to you as a result
of your use of the Sites ("the Services").
acknowledge and agree that you are only permitted to use the Sites and the
Services as expressly set out in these Terms and Conditions or on the Sites.
that the Sites and the Services are for your own personal use only on a single
computer or device.
change or obscure in any way anything on the Sites and/or the Services or
otherwise use any material obtained whilst using the Sites and/or the Services
except as set out in these Terms and Conditions.
engineer or decompile (whether in whole or in part) any software used in the
Sites and/or the Services (except to the extent expressly permitted by
applicable law) with the exception of the source code provided on the site.
Copy or use
any material from the Sites and/or the Services for any commercial purpose.
obscure or change any copyright, trademark or other intellectual property right
notices contained in the original material or from any material copied or
printed off from the Sites or obtained as a result of the Services.
Any use of
caching, HTTP accelerators such as Harvest, Squid, Netscape proxy or Microsoft
Catapult, or similar technology is permitted, however, you have the
responsibility of ensuring you are viewing the most recent version of the
web-page or content.
establish a link or "deep link" to the Sites from your site, provided
that you have obtained apeshop’s prior written consent and that at apeshop's
sole discretion, the context is relevant and the link or its description is not
detrimental to apeshop.lk.
are not subscribers to the apeshop Network acknowledge that access to the Sites
and/or the Services may be restricted at the sole discretion of apeshop in the
interest of fully subscribed customers of the apeshop Network.
of the sites or services may not be accessible for you even you are a
subscribed customer of apeshop 's Mobile Telephony Network, depending on the
subscribed services and credit limits.
that you will only use the Sites and the Services in accordance with these
Terms and Conditions and in an appropriate and lawful manner and by way of
example and not as a limitation that you shall not (and shall not authorize or
permit any other party to):
access or transmit any Content which is obscene, pornographic, threatening,
racist, menacing, offensive, defamatory, in breach of confidence, in breach of
any intellectual property right (including copyright) or otherwise
objectionable or unlawful;
user authentication or security of any host, network or account (referred to as
"cracking" or "hacking") nor interfere with service to any
user, host or network (referred to as "denial of service attacks")
nor copy any pages or register identical keywords with search engines to
mislead other users into thinking that they are reading apeshop 's legitimate
web pages (referred to as "page-jacking") or use the Sites or the
Services for any other unlawful or objectionable conduct. Users who violate
systems or network security may incur criminal or civil liability and apeshop
will at its absolute discretion fully co-operate with investigations of
suspected criminal violations, violation of systems or network security under
the leadership of law enforcement or relevant authorities;
recklessly transmit any electronic Content (including viruses) through the
Sites and/or the Services which shall cause or is likely to cause detriment or
harm, in any degree, to computer systems owned by apeshop or other Internet
make excessive traffic demands, deliver or forward chain letters, "junk
mail" or "spam" of any kind, surveys, contests, pyramid schemes
or otherwise engage in any other behavior intended to inhibit other users from
using and enjoying the Sites and/or the Services or any other web site, or
which is otherwise likely to damage or destroy apeshop's reputation or the reputation
of any third party.
acknowledge that chat, discussion group or bulletin board services and similar
services offered by apeshop are public communications and your communications
may be available to others and consequently, you should be cautious when
disclosing personal or sensitive information or any information which may
identify you apeshop shall not be responsible for and does not control or
endorse any Content of any Public Communication Services.
information provided by you is untrue, inaccurate, not current or incomplete,
apeshop has the right to terminate your account and refuse any and all current
or future use of the Services or access to the Sites.
To access certain services offered by the platform, we may require that
you create an account with us or provide personal information to complete the
creation of an account. We may at any time in our sole and absolute discretion,
invalidate the username and/or password without giving any reason or prior
notice and shall not be liable or responsible for any losses suffered by,
caused by, arising out of, in connection with or by reason of such request or
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 and acknowledge that
any use of the Site and related services offered and/or any access to private
information, data or communications using your account and password shall be
deemed to be either performed by you or authorized by you as the case may be.
You agree to be bound by any access of the Site and/or use of any services
offered by the Site (whether such access or use are authorized by you or not).
You agree that we shall be entitled (but not obliged) to act upon, rely on or
hold you solely responsible and liable in respect thereof as if the same were
carried out or transmitted by you. You further agree and acknowledge that you
shall be bound by and agree to fully indemnify us against any and all losses
arising from the use of or access to the Site through your account.
Please ensure that the details you provide us with are correct and
complete at all times. You are obligated to update details about your account
in real time by accessing your account online. For pieces of information you
are not able to update by accessing Your Account on the Site, you must inform
us via our customer service communication channels to assist you with these
changes. We reserve the right to refuse access to the Site, terminate accounts,
remove or edit content at any time without prior notice to you. We may at any time
in our sole and absolute discretion, request that you update your Personal Data
or forthwith invalidate the account or related details without giving any
reason or prior notice and shall not be liable or responsible for any losses
suffered by or caused by you or arising out of or in connection with or by
reason of such request or invalidation. You hereby agree to change your
password from time to time and to keep your account secure and also shall be
responsible for the confidentiality of your account and liable for any
disclosure or use (whether such use is authorized or not) of the username
Marks used on the Sites and/or the Services are the trademarks of apeshop or
one of apeshop's affiliates or partnered companies. You shall only make fair
use of the Trade Marks and will not use the Trade Marks, whether design or word
Øas or as part of your own trademarks;
Øin a manner which is likely to cause
Øto identify products to which they do
not relate or;
Øto imply endorsement or otherwise of
products or services to which they do not relate;
Øin any manner which does or may cause
damage to the reputation of apeshop or the Trade Marks.
acknowledge and agree that the Services and the Sites or any part thereof,
whether presented to you by apeshop, advertisers or any third party are
protected by copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. All rights are expressly reserved.
You are only
allowed to use the Sites and the Services as set out in these Terms and
Conditions and nothing on the Sites and/or the Services shall be construed as
conferring any license or other transfer of rights to you of any intellectual
property or other proprietary rights of apeshop, any member of the apeshop
partnerships or any third party, whether by estoppels, implication or
assumes no responsibility for the violation of any third party copyrights, trademarks,
service marks, patents, or other proprietary rights and laws by the third-party
web sites which are linked to this Site.
Use of the
Sites is currently free. However, apeshop reserves the right to charge for
access to part or all of the Sites in the future, subject to giving you clear
notice when entering any part to which charges apply. Some Services may be
chargeable as indicated on the Sites and in any accompanying terms and
need to provide all equipment necessary to access the Sites and the Services on
the Internet and be liable for payment for the local telephone call charges at
the rates published by the telephone operator with whom you make your local
calls or any other Internet access charges to which you may be subject. If your
equipment does not support relevant technology including but not limited to
encryption you may not be able to use certain Services or access certain
information on the Sites.
It is your
sole responsibility to satisfy yourself prior to using the Sites and the
Services in any way that they are suitable for your purposes and up to date.
The Services and in particular, prices are periodically updated and you should
check the Sites and the Services regularly to ensure that you have the latest
information. You should also refresh your browser each time you visit the Sites
and the Services to ensure that you download the most up to date version of the
Sites and the Services.
and the Services are provided on an "as is" basis. Although every
effort has been made to provide accurate information on these pages, neither
apeshop, nor any of its employees, nor any member of the apeshop's affiliate or
partner companies, their suppliers, nor any of their employees, make any
warranty, expressed or implied, or assume any legal liability (to the extent
permitted by law) or responsibility for the suitability, reliability,
timeliness, accuracy or completeness of the Services or any part thereof
contained on the Sites or in the Services.
In the event
of an error or mistake whether technical or human, apeshop reserves the right
to cancel any order placed by the customer at any time at its sole discretion
and refund the payment back to the customer
acknowledge that apeshop is unable to exercise control over the security or
subject matter of Content passing over the apeshop Network, the Sites or via
the Services and apeshop hereby excludes all liability of any kind for the
transmission or reception of infringing Content of whatever nature.
contains links to web sites, web pages, products, and services also operated or
partnered by apeshop and you agree that your use of each web site, web page and
service is also subject to the terms and conditions if any, contained within
each website or webpage or attached to any products or services. These Terms
and Conditions shall be deemed as incorporated into each set of terms and
conditions. In the event that there is any conflict, the terms and conditions
contained within the relevant website or web page or attached to the relevant
products or services shall prevail over these Terms and Conditions.
assumes no responsibility for and does not endorse unless expressly stated,
Content created or published by third parties that are included in the Sites
and the Services or which may be linked to and from the Sites.
andor the Services may be used by you to link into other websites, resources
andor networks worldwide. apeshop accepts no responsibility for the Content,
services or otherwise in respect of these and you agree to conform to the
acceptable use policies of such websites, resources andor networks.
Clause 13, you agree that apeshop does not generally and is not required to
monitor or edit the use to which you or others use the Sites and the Services
or the nature of the Content and apeshop is excluded from all liability of any
kind arising from the use of the Services, and in particular but without
limitation to the foregoing, the nature of any Content. Notwithstanding the
foregoing, apeshop reserves the right to edit, bar or remove any Services andor
Content, at any time as apeshop in its sole discretion believes to be necessary
in order to prevent any breach of these Terms and Conditions or any breach of
applicable laws or regulations.
these Terms and Conditions shall act to limit or exclude apeshop's liability
for death or personal injury resulting from apeshop's negligence, fraud or any
other liability, which may not by applicable law be limited or excluded.
Apeshopshall use its reasonable endeavors to
ensure the maintenance and availability of the Sites and the Services but
availability may be affected by your equipment, other communications networks,
user congestion of the apeshopNetwork or the Internet at the same time or other causes of
interference and may fail or require maintenance without notice.
apeshopnor any member of the
apeshopshall be liable for any
special, indirect or consequential damages or any damages whatsoever, whether
in an action of contract, negligence or other tortuous action, arising out of
or in connection with the performance of or use of Services available on the
Sites and in particular, but without limitation to the foregoing, apeshopspecifically excludes all liability
whatsoever in respect of any loss arising as a result of: a) use which you make of the Sites
and the Services or reliance on Services or any loss of any Services or your
Content resulting from delays, non-deliveries, missed deliveries, or service
interruptions; b) and defects that may exist or for
any costs, loss of profits, loss of your Content or consequential losses
arising from your use of, or inability to use or access or a failure,
suspension or withdrawal of all or part of the Sites and the Services at any
conditions or warranties which may be implied or incorporated into these Terms
and Conditions by law or otherwise are hereby expressly excluded to the extent
permitted by law.
remedy under these Terms and Conditions is to discontinue using the Sites and
Apeshopmakes every effort to ensure the
security of your communications. You are however advised that for reasons
beyond our control, there is a risk that your communications may be unlawfully
intercepted or accessed by those other than the intended recipient. For
example, your communications may pass over third party networks over which we
have no control. The Internet is not a secure environment. Unwanted programs or
material may be downloaded without your knowledge, which may give unauthorized
persons access to your mobile phone and the information stored on your mobile
phone. These programs may perform actions that you have not authorized,
possibly without your knowledge.
the right to modify the Sites and/or the Services or suspend or terminate the
Sites and / or the Services or access to part or all of them at any time.
the right to revise these Terms and Conditions at any time. Such variations
shall become effective immediately after being posted on the website. By
continuing to use this website you will be deemed to have accepted the varied
Terms and Conditions.
values additions such as "warranty", "cash on delivery" and
" delivery" at the discretion of apeshop and its partners in good
faith. Specifics of such value additions are detailed in the FAQ section of the
site. Apeshop Reserves the right to revise Terms and Conditions governing these
agree to fully indemnify and to hold apeshop harmless from and against any
claim brought by a third party resulting from the use of the Sites and the
Services or the provision of Content to apeshop by you and in respect of all
losses, costs, actions, proceedings, claims, damages, expenses (including
reasonable legal costs and expenses), or liabilities, whatsoever suffered or
incurred directly or indirectly by apeshop in consequence of such use of the
Sites and the Services or provision of Content or your breach or non-observance
of any of these Terms and Conditions.
defend and pay all costs, damages, awards, fees (including any reasonable legal
fees) and judgments awarded against apeshop arising from the above claims and
shall provide apeshop with notice of such claims, full authority to defend
compromise or settle such claims and reasonable assistance necessary to defend
such claims, at your sole expense.
When you visit the Site, or send e-mails to us, you are communicating
with us electronically. You will be required to provide a valid phone number
while placing an order with us. We may communicate with you by e-mail, SMS,
phone call or by posting notices on the Site or by any other mode of
communication we choose to employ. For contractual purposes, you consent to
receive communications (including transactional, promotional and/or commercial
messages), from us with respect to your use of the website (and/or placement of
your order) and agree to treat all modes of communication with the same
use of the apeshop GPRS/Data Network is prohibited. apeshop considers that any
application which transmits live video, live audio or make similar excessive
traffic demands across the apeshop Network by whatever means, unless provided by
apeshop, constitutes making profligate use of the apeshop Network. Use of IP
Multicast, other than by means provided and co-ordinated by apeshop is also
elect to suspend, vary or terminate the Services and the Sites at any time
without prior notice for repair or maintenance work or in order to upgrade or
update the Sites and the Services or for any other reason whatsoever.
elect to terminate the Services or your access to the Sites forthwith on breach
of any of these Terms and Conditions by you, including, without limitation,
delayed or non-payment of sums due to apeshop or if apeshop ceases to offer the
Sites and the Services to its customers for any reason whatsoever.
Law and Jurisdiction - These Terms and Conditions are governed by and construed
in accordance with the law of Sri Lanka and you hereby submit to the exclusive
jurisdiction of the Sri Lankan courts. 15.2. Severability - These Terms and
Conditions are severable in that if any provision is determined to be illegal
or unenforceable by any court of competent jurisdiction such provision shall be
deemed to have been deleted without affecting the remaining provisions of these
Terms and Conditions.
Waiver – apeshop’s
failure to exercise any particular right or provision of these Terms and
Conditions shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by apeshop in writing.
- You acknowledge and agree that in entering into these Terms and Conditions
you do not rely on, and shall have no remedy in respect of, any statement,
representation, warranty or understanding (whether negligently or innocently
made) of any person (whether party to these Terms and Conditions or not) other
than as expressly set out in these Terms and Conditions as a warranty. Nothing
in this Clause shall, however, operate to limit or exclude any liability for
You in entering into these Terms and Conditions undertake that you will not
assign, re-sell, sub-lease or in any other way transfer your rights or
obligations under these Terms and Conditions or part thereof. Contravention of
this restriction in any way, whether successful or not, will result in the
Services being terminated by apeshop forthwith. apeshop may assign these Terms
and Conditions in whole or in part to any third party at its discretion.
Third Parties - Except in the case of any permitted assignment of this
Agreement under Clause 17.5, a person who is not a party to this Agreement has
no right of enforcement of any term or condition contained in this Agreement.
Majeure - apeshop shall not be liable in respect of any breach of these Terms
and Conditions due to any cause beyond its reasonable control including but not
limited to, Act of God, inclement weather, act or omission of Government or
public telephone operators or other competent authority or other parties for
whom apeshop is not responsible.
price displayed for products on our website may or may not represent the full
retail price listed on the product itself, suggested 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
list price may or may not represent the prevailing price in every area on any
particular day. Where an item is offered for sale by one of our Vendors, the
list price may be decided by apeshop and the Vendors at their discretion.
to items sold through the Site, we cannot confirm the price of an item until
you have ordered. Despite our best efforts, a small number of the items in our
catalog may be incorrectly priced. If an item's actual price is higher than our
stated price, we will, at our discretion, contact you for further instructions,
before delivery or cancellation of your order and notify you of such
18. COD (CASH ON DELIVERY: PAY CASH WHEN PRODUCT/S IS/ARE DELIVERED TO YOU)
All orders are
subject to confirmation from apeshop and have an upper limit of LKR 100,000 per order. A
staff member will contact you to confirm the Order. You cannot cancel the order
or refuse to pay when the product/s are delivered to you after your confirmation. Any variation in the upper limit is at the
discretion of apeshop.
19. UNAVAILABILITY OF PRODUCT / PRODUCT OUT OF STOCK
Inventory of all products advertised on apeshop.lk is not
managed or maintained by apeshop.lk. apeshop.lk only acts as an intermediary between the customer
and the supplier for such products. These products may not be available (run
out of stock) from time to time due to overselling by the suppliers; however,
the product may be available for purchase on apeshop.lk if the supplier has not promptly informed us of
the fact that the product is unavailable for them to supply us. In such
circumstances, apeshop.lk does not accept
any liability whatsoever. In the event of stock unavailability, apeshop.lk will inform the customer within 3 working days,
[P1] and the payment can be refunded within 10 working days.
The customer acknowledges and agrees that the
only remedy available for the unavailability of a product is the refund of the
Placement of an order including the payment of
the order value by the Customer will be construed as an offer. When you place
an order to purchase a product from us, you will receive an e-mail confirming
receipt of your order and containing the details of your order (the "Order
Confirmation E-mail"). The Order Confirmation E-mail is the
acknowledgement that we have received your order and has been passed for
processing and does not confirm acceptance of your offer to buy the product(s)
ordered. We only accept your offer, when we have commenced delivery after the
supplier has released the product.
must be thoroughly inspected before accepting. If the product is damaged or any
parts are missing, you must immediately inform the delivery person and not accept
the product. If you accept we consider that the product was in good condition
and returns/ refund requests will not be accepted by apeshop. Delivery time is
generally 2 to 5 business days, however, times could vary depending on the
supplier and apeshop cannot be held liable for any delays. Further, apeshop
cannot be held liable for any delays by the courier companies.
ensure to check your ordered product/s for any physical damages prior to
accepting the delivery. Please do not accept delivery if there are any damages.
not be liable for goods that are damaged in transit if the Proof of Delivery
(POD) is signed and the goods are accepted.
up products ordered under the 'Pick Up' option within 2 weeks from the
specified product available date for pick up.
not bear responsibility for the condition of the products which are not
collected within 2 weeks, and apeshop reserves the right to dispose of the
product/s if not collected within one month.
services under daily deals are limited time and limited stock promotions that
once ordered and paid are non-refundable.
issues when you purchase the product/ service must be utilized (redeemed)
during the validity period of the voucher. apeshop is not liable for
failure to redeem the voucher under any circumstances and cannot be refunded.
are processed within 2-3 working days by apeshop (processing times
are shown in the table below). Further processing back to your credit card/
bank account may require additional time depending on the bank/ institution for
which apeshop cannot be held liable.
Apeshop attempts to be as accurate as possible. However, apeshop
not warrant that product description or other content of any product/ service
is accurate, complete, reliable, current, or error-free. If a product/ service
offered by apeshop is not as described, you may immediately contact our
customer support at firstname.lastname@example.org or call us on our hotline, and apeshop
discretion shall provide you with a replacement/ alternative product for the
same value or provide you with a refund.