These Terms and Conditions govern your use of the Thilakawardhana.com website (the Site) managed by Thilakawardhana Online (Pvt) Ltd and your relationship with Thilakawardhana Online (Pvt). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use Thilakawardhana.com
Please note that to use any of the services provided on the Site, you are required to register as an authorized user on the Site.
1. Use of the Site
The Site is provided to you free of charge for your personal use, subject to these Terms and Conditions. By using the Site you agree to be bound by these Thilakawardhana Terms and Conditions. These Terms and Conditions govern your use of the Site and all services provided in connection with these. All orders and purchases made on the Site will also be governed by the terms and conditions of Thilakawardhana Online (Pvt) and that of the Global payments relating to online payments.
THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.
We may revise the terms and conditions from time to time without notice to you.
To register with Thilakawardhana.com you must be over eighteen years of age. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details or you could do the same by using the My account section in the website.
4. Password and security
When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately. However, you could be held liable for losses incurred by Thilakawardhana Online (Pvt) Ltd or any other party due to someone else using your password. You may not use anyone else's password at any time without the permission of the password holder.
If we have reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account in accordance with paragraph 11 below.
Our delivery service may also not be available on certain mercantile holidays in Sri Lanka, which holidays are decided at our discretion. Upon delivery of the goods, the person accepting the goods ordered must sign a copy of the invoice.
6. Intellectual property
The content of the Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without our written permission.
No license is granted to you in these Terms and Conditions to use any of our trademark(s) or our affiliated companies including, without limitation, the trademarks Thilakawardhana Online (Pvt) Ltd
You may not use the Site for any of the following purposes: disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice gaining unauthorized access to other computer systems interfering with any other person's use or enjoyment of the Site breaching any laws concerning the use of public telecommunications networks interfering or disrupting networks or web sites connected to the Site making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. We reserve the right to refuse to post material on the Site or to remove material already posted on the Site. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with: any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
8. Availability of the Site
Although we aim to offer you the best service possible, we makes no promise that the services at the Site will meet your requirements. We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can. Access to the .Site may be monitored by us or our nominees.
9. Our right to suspend or cancel your registration
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach your obligations under these Terms and Conditions. You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the Site. The suspension or cancellation of your registration and your right to use the Site shall not affect either party's rights or liabilities. Paragraphs 7, 8, 11, 12, 15 and 16 of these Terms and Conditions shall survive cancellation.
10. Our liability
The Site is provided by us without any warranties or guarantees. You must bear the risks associated with the use of the Internet. The Site provides content from other Internet sites or resources and while we try to ensure that material included on the Site is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. If we are informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Site with any of your equipment, software or telecommunications links
technical problems including errors or interruptions of the Site
unsuitability, unreliability or inaccuracy of the Site
inadequacy of the Site to meet your requirements
11. Third Party Websites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that We are not responsible for the availability of, and content provided on, third-party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that we are not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that we are not responsible for:
(a) the quality of third party products or services; and
(b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that we are not responsible for any loss or damage of any sort you may incur from dealing with any third party.
12. Advertising and Sponsorship
Part of the Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.
13. Applicable Law
All matters relating to your access to, and use of, the Site shall be governed by laws of the Sri Lanka. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a competent court in Sri Lanka. You and Thilakawardhana Online (Pvt) Ltd agree to submit to the jurisdiction of, and agree that venue is proper in such legal action or proceeding.
14. International Use
We make no promise that materials on the Site are appropriate or available for use in locations outside Sri Lanka , and accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from locations outside Sri Lanka, you do so on your own initiative and are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these Thilakawardhana Online (Pvt) Ltd Terms and Conditions. If any provision of these Thilakawardhana Online (Pvt) Ltd Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Thilakawardhana Online (Pvt) Ltd Terms and Conditions, which shall remain in full force and effect. If you breach these Thilakawardhana Online (Pvt) Ltd Terms and Conditions and we ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Thilakawardhana Online (Pvt) Ltd Terms and Conditions. We shall not be liable for any delay or failure to perform obligations under these Terms and Conditions or any transaction arising therefrom due to causes beyond our reasonable control and without fault or negligence on our part, including but not limited to:
Acts of God such as earthquake, fire, explosion, storm, flood, pandemics or other adverse weather conditions;
Force majeure such as war, riots, civil disorder, terrorism, strikes, lockouts or other industrial action, confiscation or other action by government agencies.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE INACCURACIES AND TYPOGRAPHICAL ERRORS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We MAKE NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. WE HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
We RESERVE THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
17. Limitation of Liability
IN NO EVENT SHALL We , our affiliated companies or holding company or our suppliers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE other than on account of gross negligence or willful default on our part.
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, suppliers and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site.
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of any other applicable laws or regulations.
The Thilakawardhana.com owned and operated by Thilakawardhana Online (Pvt) Ltd, a company registered in Sri Lanka whose registered office is at No.76/1, Kandy Road, Kiribathgoda,Sri Lanka.
If you have any queries please contact Customer Services at
Email: email@example.com (Operating hours 8.00a.m to 5.30p.m on weekdays and 8.30a.m to 12noon on Saturdays)
Your payments are going through Secure Payment Site operated by Global Payments. Your card details will be securely transmitted to the Bank for transaction authorization using SSL 128bit encryption. All payments will be accepted in US Dollars for orders placed from abroad and Sri Lankan Rupees or US Dollars for orders placed from Sri Lanka based on customer selection.
22. Saved carts and temporary shopping carts
The Website will only save the last 10 carts shopped on Thilakawardhana.lk in the last 2 years to ensure that the site stays updated and relevant to the Customer. Temporary carts are not allowed in the system, where customer is to receive stocks and Thilakawardhana Online (Pvt) Ltd to reserve stocks, customer needs to complete the payment process.
23. Availability of products online
Products during this period run out fast and hence we are unable to assure all products in your order will be available at the time of delivery. Also purchases will be limited to 3 units of the same item, per day to ensure all of the users will have access to products available in-store. Customer can opt to receive the refund by Cash or Card which will be requested from them at the point of placing the order. Cash refunds will be paid immediately while refund back to the card will take 5 working days.
Thilakawardhana Online (Pvt) Ltd also reserves the right to refuse fulfillment of orders to those who are deemed to have misused the Online facility whilst also taking off some categories due to unavailability. If the full order is canceled on Customer’s request, we will process the full refund back to the Customer’s card within 5 working days.