Terms of Service
1. Introduction & Acceptance of Terms
Welcome to Zonwish ([Your Website Address], hereinafter referred to as the “Website”), operated by ZONWISH (“Zonwish,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Website and its services, whether you are a retail customer purchasing for personal use (“Retail Customer”) or an approved business purchasing for resale (“Wholesale Buyer”). Collectively, Retail Customers and Wholesale Buyers may be referred to as “Users,” “you,” or “your.”
By accessing or using any part of the Website, registering an account, or placing an order, you agree to be bound by these Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink (collectively, the “Agreement”). Â
PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. Â
- For Wholesale Buyers: Specific terms relating only to wholesale accounts and transactions are outlined in relevant sections below (e.g., Sections 2, 4, 5, 6, 7) and supplement these general Terms. By applying for or using a wholesale account, you agree to these additional specific terms.
- For Retail Customers: Standard terms apply. Sections specifically marked for “Wholesale Buyers” do not apply to you unless explicitly stated. You are protected by applicable consumer protection laws in your jurisdiction.
2. Account Registration
- All Users: You may browse the site without registering, but certain features (like placing orders) require account creation. You agree to provide accurate, current, and complete information and keep it updated. You are responsible for maintaining the confidentiality of your account password and for all activities under your account. Notify us immediately of any unauthorized use. Â
- Wholesale Buyers – Eligibility & Verification:
- To qualify for a wholesale account, you must operate a legitimate business with the intent to resell our products.
- You must apply for a wholesale account and may be required to provide valid business identification (e.g., business license, Tax ID, VAT number, Resale Certificate).
- Zonwish reserves the right to approve or deny any wholesale application at its sole discretion and may request further verification.
- Approval grants access to wholesale pricing and terms, subject to ongoing compliance with these Terms.
3. Ordering Process
- Placing Orders: All orders must be placed through the Website or other methods designated by Zonwish.
- Order Confirmation: You will receive an email confirming receipt of your order. This is not acceptance of your order.
- Order Acceptance: We reserve the right to accept, decline, or limit any order for any reason (e.g., product availability, pricing errors, fraud concerns, exceeding quantity limits for Retail Customers, failure to meet requirements for Wholesale Buyers). Acceptance occurs upon shipment or explicit confirmation.
- Wholesale Buyers – Minimum Orders: Wholesale orders may be subject to Minimum Order Quantities (MOQs) and/or minimum order values, as specified on the Website (when logged into a wholesale account) or communicated separately. These minimums do not apply to Retail Customers.
- Order Changes/Cancellations: Contact customer service immediately at [Your Customer Service Email/Phone].
- Retail Customers: You may have cancellation rights according to local consumer law before the order ships.
- Wholesale Buyers: Changes/cancellations are difficult once submitted and may incur fees if approved. We cannot guarantee modifications after submission.
4. Pricing & Payment
- Retail Customers: Prices displayed by default are retail prices in [Specify Currency, e.g., BDT, USD], inclusive of applicable taxes unless stated otherwise, but exclusive of shipping costs which are added at checkout.
- Wholesale Buyers: Approved Wholesale Buyers, when logged into their accounts, will see specific wholesale pricing in [Specify Currency]. Wholesale prices are exclusive of taxes, shipping, handling, and other fees unless explicitly stated. Wholesale pricing is confidential and subject to change without notice.
- All Users:
- We accept payment via [List ALL Accepted Methods, e.g., Credit/Debit Cards, Mobile Financial Services (like bKash/Nagad if applicable), Bank Transfer].
- Payment must be received and cleared before orders are shipped, unless specific credit terms have been pre-approved in writing by Zonwish (typically only applicable to qualified Wholesale Buyers).
- You are responsible for all applicable taxes associated with your order unless a valid exemption certificate is provided (primarily applicable to Wholesale Buyers).
- Pricing Errors: We reserve the right to correct any pricing errors and cancel orders arising from such errors.
- Wholesale Buyers – Credit Terms & Late Payments: Credit terms may be offered at our sole discretion upon application and approval. Failure to meet payment deadlines may result in interest charges ([Specify Rate, e.g., 1.5% per month or max legal rate]) and suspension of credit/account.
5. Shipping & Delivery
- Shipping Costs: Calculated at checkout and added to the order total. Costs vary based on destination, weight, and shipping method.
- Wholesale Buyers: Unless otherwise agreed in writing, all shipping, freight, handling, and insurance costs are your responsibility. Risk of loss and title generally pass upon our delivery to the carrier (F.O.B. Shipping Point), unless mandated differently by law for specific user types/locations.
- Retail Customers: Risk of loss passes according to applicable consumer law, often upon delivery to you.
- Delivery Times: Estimates are provided but not guaranteed. Delays due to carriers, customs, or unforeseen circumstances can occur.
- Inspection:
- All Users: Inspect shipments upon arrival.
- Wholesale Buyers: Report any discrepancies, damages, or defects within [Specify Timeframe, e.g., 5-7] business days of receipt. Failure may waive claim rights. Photographic evidence may be required.
- Retail Customers: Report issues within a reasonable timeframe as dictated by consumer law, typically longer than the B2B requirement.
6. Returns, Refunds & Exchanges
- THIS SECTION HAS DIFFERENT TERMS BASED ON CUSTOMER TYPE. PLEASE READ CAREFULLY.
- A. For Retail Customers (B2C Transactions):
- Right of Withdrawal/Return: In accordance with applicable consumer protection laws (e.g., distance selling regulations), you generally have the right to return products within [Specify Timeframe, e.g., 14 days] of receipt for a refund, subject to conditions below.
- Conditions: Products must typically be returned in unused, original condition, with all packaging and tags intact. Certain items may be non-returnable (e.g., perishables, customized items, sealed goods opened after delivery) as permitted by law.
- Process: Please contact customer service at [Your Customer Service Email/Phone] to initiate a return and receive instructions.
- Return Shipping: [State Your Policy – e.g., Customer pays return shipping unless the item is faulty/incorrect, OR We provide a prepaid label].
- Refunds: Once the return is received and inspected, refunds will be issued to the original payment method within a legally compliant timeframe, potentially minus original shipping costs if permitted.
- Faulty Goods: If you receive faulty, damaged, or incorrect goods, please contact us immediately for resolution (repair, replacement, or refund) as required by law.
- B. For Wholesale Buyers (B2B Transactions):
- General Policy: Returns are significantly restricted. Returns are only accepted for defective merchandise or shipping errors made by Zonwish. We do not accept returns for unsold merchandise, buyer’s remorse, or ordering errors made by the Buyer.
- Authorization Required: ALL wholesale returns must be pre-authorized. Contact us within [Specify SHORT Timeframe, e.g., 5-7] business days of receipt to report defects/errors and request a Return Merchandise Authorization (RMA) number. Returns without an RMA will be refused.
- Condition: Defective items must be reported promptly. Returns for shipping errors must be in original, unopened, unused, resalable condition.
- Return Shipping: Buyer is responsible for return shipping costs unless the return is due to a confirmed defect or Zonwish shipping error.
- Restocking Fees: Returns authorized for reasons other than defects or Zonwish error (in exceptional circumstances, at our sole discretion) will be subject to a restocking fee of [Specify Percentage, e.g., 20-30%].
- Refunds/Credits: Approved returns will typically result in an account credit. Refunds are at Zonwish’s discretion and will be less any restocking fees and original shipping costs.
7. Product Information & Disclaimers
- Accuracy: We aim for accuracy but do not warrant that descriptions, images, or other content are error-free, complete, or current. Variations may occur.
- Use of Products:
- All Users: Use products only as intended.
- Wholesale Buyers: You are solely responsible for ensuring products comply with regulations in your resale market and for appropriate marketing and use.
- Disclaimer of Warranties: EXCEPT AS REQUIRED BY LAW (ESPECIALLY CONSUMER LAW FOR RETAIL CUSTOMERS) OR EXPRESSLY STATED HEREIN, THE WEBSITE AND PRODUCTS ARE PROVIDED “AS IS.” ZONWISH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. Intellectual Property
All Website content (text, graphics, logos, images, software) is the property of Zonwish or its licensors and protected by copyright and trademark laws.
- Wholesale Buyers: You are granted a limited, non-exclusive, revocable license to use Zonwish product images and descriptions solely for reselling Zonwish products, subject to any brand guidelines we provide. This license terminates if your wholesale account is closed or if you cease selling our products.
9. User Conduct & Prohibited Uses
All users agree not to use the site for unlawful purposes, to infringe on rights, harass others, submit false information, upload malware, interfere with security, or collect others’ information. Wholesale Buyers additionally agree not to misrepresent their business status or misuse wholesale privileges.
10. Privacy Policy
Our Privacy Policy, available at [Link to Your Privacy Policy], explains how we collect, use, and protect your personal information. It forms part of these Terms.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ZONWISH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS). OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT(S) GIVING RISE TO THE CLAIM. THIS LIMITATION MAY BE VARIED WHERE REQUIRED BY CONSUMER PROTECTION LAW FOR RETAIL CUSTOMERS. Â
12. Indemnification
You agree to indemnify and hold harmless Zonwish (and its affiliates, officers, directors, agents) from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your violation of law or third-party rights, or (for Wholesale Buyers) your resale or misuse of products.
13. Termination
We may suspend or terminate your account and access to the Website at our discretion, without notice, for breach of these Terms or any unlawful activity. You may close your account by contacting us. Certain provisions (IP, Liability, Indemnity, Disputes) survive termination. Wholesale accounts may be terminated for failure to maintain eligibility or meet wholesale terms.
14. Governing Law & Dispute Resolution
These Terms shall be governed by the laws of [Specify Jurisdiction, e.g., Bangladesh, or the primary jurisdiction of your business], without regard to conflict of law principles.
- Dispute Resolution: [Specify Method – e.g., We encourage amicable resolution first. Failing that, disputes may be settled by binding arbitration in [City, Country] OR exclusively through the courts of [City, Country]]. Consumer protection laws may grant Retail Customers specific rights regarding jurisdiction and dispute resolution methods.
15. Changes to Terms of Service
We reserve the right to update these Terms at any time by posting changes on the Website. Your continued use after changes signifies acceptance. Check this page regularly. Significant changes may be notified via email or site notice.
16. Miscellaneous
- Entire Agreement: These Terms (and referenced policies like Privacy Policy, plus specific Wholesale terms for B2B buyers) constitute the entire agreement.
- Conflict: For Wholesale Buyers, if there is a conflict between a general term and a specific wholesale term, the specific wholesale term shall prevail for that wholesale transaction.
- Severability: If any part is deemed unenforceable, the remainder remains valid.
- Waiver: Failure to enforce any right is not a waiver of that right.
- Assignment: You may not assign these Terms; we may assign them freely.
- Headings: For convenience only, not affecting interpretation.