MyBostan is an individual TAX payer registered under the Azerbaijani Law,
located in Khatai ave, Baku, Azerbaijan, the owned and operated by a team of entrepreneurs.
MyBostan as a platform provider is engaged in the business of building,
operating and managing an online marketplace that provides services in listing
of products on mybostan.com an Internet domain property registered under the founders’ name.
THE PARTIES HEREBY AGREE AS FOLLOWS:
2.1 “Agreement” refers to this agreement (“Terms and conditions”), the Privacy
Policy, any order form, and the payment instructions provided;
2.2 “Website” refers to the web platform of www.mybostan.com;
2.3 “Delivery” refers to any form of delivery service, which are provided by
MyBostan or third party cooperating with MyBostan;
2.4 “Goods” means the consumer products which are listed on www.mybostan.com by
the Supplier or by MyBostan, including but not limited to groceries and daily
needs for consumer use and / or consumption. Notwithstanding the above,
MyBostan shall have sole and absolute discretion not to include any such
identified Goods on the Platform, unless asked by suppliers with presence of
written agreement between MyBostan and the supplier on permission to manage
their account and upload their products whenever requested by the supplier;
2.5 “Opening Hours” meansany time and day during which a Premise is open to the
general public;
2.6 “Supplier” is a third party, which is cooperating with MyBostan to supply
the Goods for the Services;
2.7 “Premise” is astore of the Supplier who has a cooperation with MyBostan to
provide Goods for consumers related to the Services;
2.8 “Platform” means www.mybostan.com, an internet domain property registered
under founders' name and any mobile or web application providing access
to the same;
2.9 “Privacy Policy” means the agreement as displayed on this site, governing
how we collect and store data;
2.10 “Service” or “Services” refers to which we may provide and you may request
from our Website;
2.11 “We”, “us”, “our”, “MyBostan”, “Founders”, all reference to the
platform provider;
2.12 “Website” refers to www.mybostan.com or any subdomain thereof
on which we offer our Goods and Services;
2.13 “You”, “your”, “yours”, “Consumer”, refer to you, the person accessing
this Website to order Goods and Services from the Website or any other way to
order from MyBostan.
3.1 By ordering the Goods through MyBostan’s Website means that you order
products from the Supplier (not from MyBostan); MyBostan is just a Platform
provider which provides Services for the Consumer to order the Goods. In the
event of complaint from the Consumer, MyBostan through its customer service
will communicate such complaint to the Supplier and find the best solution for
the Consumer.
3.2 Any information which you provide to MyBostan solely for the purpose of the
Services, MyBostan warrant that the information will not be transferred, given,
or informed to other third parties, other than what has been specifically set
out herein or in Privacy Policy.
3.3 When ordering from this Website you may be required to provide an e-mail
address and password. You must ensure that you keep the combination of these
details secure and do not provide this information to a third party.
3.4 The Goods delivered are for your use and not for resale. You warrant that
you are not acting as an agent for a third party.
3.5 You warrant that you are legally capable to order any Goods provided
through the Website. You agree to give valid identity prior making an order.
Further you agree to present valid identification, if requested during
delivery, to prove your identity.
3.6
We may require you to present valid identification every time you purchase such
Goods and when they are delivered to you. MyBostan is entitled to withdraw the
Goods if you could not provide valid identification. In such condition, we will
return any payment you have made in accordance with Article 6 of this Terms and
Conditions.
3.7 We only act as a Platform provider and therefore we are not liable for the
impact and damage of products by sold by the Supplier.
3.8 We will take all reasonable care, in so far as it is in our power to do so,
to keep the details of your order and payment secure, however in the absence of
fault on our part we cannot be held liable for any loss you may suffer if a
third party procures unauthorized access to any data you provide when accessing
or ordering from the Website unless it is proven otherwise.
4.1 You agree to provide us with the correct required information and warrant
that the provided information is correct and complete during time of order. You
also warrant that the credit or debit card details that you provide are for
your own credit or debit card and that you have sufficient funds to make the
payment.
4.2 All prices listed on the Website based on the information from Supplier are
correct at the time of publication. However those prices might alter in the
event of business purpose. As a platform provider, MyBostan will change the
listed price as soon as possible due to the alteration by the Supplier.
4.3 All prices listed for delivery by a third party provider assigned by
MyBostan listed on the Website are correct at the time of publication. However
those prices might alter in the event of business purpose. As a platform
provider, MyBostan will change the listed price as soon as possible due to the
alteration by the third party.
4.4 The total price for Delivery, Goods or Services ordered, including delivery
charges and other charges, will be displayed on the Website when you place your
order at the check-out process. The price that should be paid by the Consumer
shall be a price which is shown when the Consumer is at check-out process from
the Website. The change of the listed price does not apply when the Consumer is
at the check-out process from the Website.
4.5 You agree to authorize MyBostan to pay in advance the total price for
Goods, at the check-out process from the store of the Supplier.
4.6 Full payment must be made for all Goods dispatched and Services provided.
Payment has to be made on the preferences provided by MyBostan in the Website.
4.7 All registered prices are subject to tax unless MyBostan states otherwise.
4.8 If you choose online payment, you must provide your payment details before
the order is delivered. To ensure that shopping online is secure, your
debit/credit card details will be encrypted to prevent the possibility of
someone being able to read them as they are sent over the Internet. Your credit
card company may also conduct security checks to confirm it is you placing the
order.
4.9 If you choose cash-on-delivery as a payment method, you agree to pay full
payment upon receiving your order delivered at mentioned delivery address.
5.1 Delivery periods quoted at the time of ordering are approximate only and
may vary. The delivery periods is 24-hours time frames from the time of your
order. Meaning that you will receive your order within the next 24-hours from
the time when you place your order. As 24-hours is the latest delivery period,
you might well receive your order in much shorter time whenever possible.
5.2 MyBostan will engage third party providers to do the delivery service of
Goods. We will take great care to ensure that delivery is done in the time
frame selected in the Website;
5.3 However, you may contact MyBostan if you have not received the Goods within
the 24-hours from the time you placed the order on the website. MyBostan will
facilitate the matter to find best solution on such circumstance.
5.4 Delivery will only be available during the Opening Hours of Supplier.
5.5 Goods will be delivered to the address designated by you at the time of
ordering.
5.6 In certain case of late delivery, MyBostan, at our own discretion, may void
the delivery charge to the Consumer.
5.7 All risk in the Goods shall pass to you upon delivery.
5.8 If you fail to accept delivery of the Goods delivered to you, during the
time of delivery, or if we are unable to deliver at the nominated time due to
your failure to provide sufficient and appropriate instructions, then such
goods shall be deemed delivered to you and all risk and responsibility in
relation to such Goods shall pass to you. Any storage, insurance and any other
cost or expense that we incur as a result of the inability to deliver due to
your failure shall be your responsibility and you shall provide any necessary
compensation to MyBostan if any. However, such condition will not apply when
you already contact MyBostan through e-mail, phone, or customer service.
5.9 You must ensure that at the time of Delivery of Goods adequate
arrangements, including access where necessary, are in place for the safe
delivery of such goods. We cannot be held liable for any damage, cost or
expense incurred to such goods or premises where this arises as a result of a
failure to provide adequate access or arrangements for delivery.
5.10 Suppliers and/or MyBostan shall not be liable to you for any losses,
liabilities, costs, damages, charges or expenses arising out of late delivery
unless it is proven that the late delivery was caused by the fault of Suppliers
and/or MyBostan.
5.11 Please note that it may be impossible to deliver to some locations. In
this case we will give prior notification to you and cancel you order.
6.1 You understand that during your order, the Goods may not be available due
to any reason from the Suppliers. In such case, MyBostan will notify this
unavailability to you through our customer service (via e-mail or call) and
return any payment that you have made within 5 working days after transaction
depending on your method of payment.
6.2 Once the order is placed and the payment is conducted, for technical
reasons, you cannot cancel an order.
7.1 MyBostan and Supplier will provide sufficient information, description of
each products accurately, yet in the unlikely event that you receive products
that are not deemed acceptable by you, you have the right to reject said item,
providing a reason why the product is not acceptable, with a condition that you
have not used more than 20% of the said item. We will review your claim and
return the cost of the item to you within 5 working days after transaction
depending on your method of payment. If for any other reason you are not
satisfied with the products, the return claim must be submitted to MyBostan
within the next 24 hours from the time of delivery.
7.2 If for any other reason you are not satisfied with the service we provide, you can rate the service through the Website. You can receive a refund of part of the cost of Service provided at our own discretion.
8.1 Where we have requested information from you to ensure Delivery, you agree
to provide accurate and complete information.
8.2 You agree to authorize us to use, store or otherwise process your personal
information in order to provide the Delivery, Goods or Services to you and for
marketing and credit control purposes (the “Purpose”). The Purpose may include
the disclosure of your personal information to selected third parties from time
to time where we believe that the services offered by such third parties may be
of interest to you or where this is required by law or in order to provide the
Food Delivery, Goods or Service to you. More information can be found in our
Privacy Policy.
8.3 You are entitled to request a copy of the personal information we hold on
you. Please contact us if you wish to request this information.
MyBostan will give its best to facilitate your complaint by communicating it to the Supplier. We take our customers’ complaints very seriously and aim at responding to your complaints as soon as reasonably possible. All complaints should be addressed to salam@mybostan.com or directly through our customer service.
10.1 We try very hard to ensure that the information on this Website is correct
and error free at all times. Despite our best efforts, we cannot warrant that
the Website will always be error free and that use of it will be fit for
purpose, timely and that defects will be corrected, and that the site or the
server that makes it available are free of viruses or bugs or represents the
full functionality, accuracy, reliability of the Website and we do not make any
warranty whatsoever, whether express or implied, relating to fitness for
purpose, or accuracy.
10.2 By accepting these terms of use you agree to relieve us from any liability
whatsoever arising from your use of information from any third party, or your
consumption of any Goods from Suppliers.
10.3 We disclaim any and all liability to you for the supply of the Delivery,
Goods and Services to the fullest extent permissible under applicable law. This
does not affect your statutory rights as a consumer. If we are found liable for
any loss or damage to you such liability is limited to the amount you have paid
for the relevant Goods or Services. We cannot accept any liability for any
loss, damage or expense, including any direct or indirect loss such as loss of
profits to you, howsoever arising. This limitation of liability does not apply
to personal injury or death arising as a direct result of our negligence.
10.4 We do not accept any liability for any delays, failures, errors or
omissions or loss of transmitted information, viruses or other contamination or
destructive properties transmitted to customer’s computer system via our
Website.
10.5 We shall not be held liable for any failure or delay in performing
Services or delivering Goods where such failure arises as a result of any act
or omission, which is outside our reasonable control such as all overwhelming
and unpreventable events caused directly and exclusively by forces of nature
that can be neither anticipated, nor controlled, nor prevented by the exercise
of prudence, diligence, and care, including but not limited to: war, riot,
civil commotion; compliance with any law or governmental order, rule,
regulation or direction and acts of third parties.
10.6 If we have contracted to provide identical or similar order to more than
one Customer and are prevented from fully meeting our obligations to you by reason
of an Event of Force Majeure, we may decide at our absolute discretion which
orders we will fill and to what extent. However, we will give prior
notification to whom the order will not be fulfilled and you have the right for
the refund policy as stated in Section 7.
10.7 The products sold by us are provided for private domestic and consumer use
only. Accordingly, we do not accept liability for any indirect loss,
consequential loss, loss of data, loss of income or profit, loss of damage to
property and/or loss from claims of third parties arising out of the use of the
Website or for any products or services purchased from us.
10.8 We have taken all reasonable steps to prevent Internet fraud and ensure
any data collected from you is stored as securely and safely as possible.
However, we cannot be held liable in the extremely unlikely event of a breach
in our secure computer servers or those of third parties.
10.9 In the event we have a reasonable belief that there exists an abuse of
vouchers and/or discount codes or in suspected instances of fraud, MyBostan may
cause the shopper (or customer) to be blocked immediately and reserves the
right to refuse future service. Additionally, should there exist an abuse of
vouchers or discount codes, we reserve the right to seek compensation from any
and all violators.
10.10 Offers are subject to our discretion and may be withdrawn at any time and
with prior notice to the prospective Consumer.
11.1 All prices are in Azerbaijani Manat (AZN); Applicable taxes are included
where indicated.
11.2 We may subcontract any part or parts of the Services or Goods that we
provide to you from time to time.
11.3 We will publish any material or substantive amendment of the Terms and
Conditions in the Website, and you shall carefully read such amendment. If you
continue to use and access the Website after any posted amended version of the
Terms and Conditions will be considered as your acceptance of the amended Terms
and Conditions.
11.4 Any objections toward the amended Terms and Conditions shall be delivered
to MyBostan within 7 (seven) days after such amendment is published in the
Website.
11.5 You are not allowed to use or launch any automated system or program in
connection with our Website or its online ordering functionality.
11.6 You may not collect or harvest any personally identifiable information
from the Website, use communication systems provided by the Website for any
commercial solicitation purposes, solicit for any reason whatsoever any users
of the Website with respect to their submissions to the Website, or publish or
distribute any vouchers or codes in connection with the website, or scrape or
hack the Website.
11.7 The Terms and Conditions together with the Privacy Policy, any order form
and payment instructions constitute the entire agreement between you and us. No
other terms whether expressed or implied shall form part of this Agreement. In
the event of any conflict between these Terms and Conditions and any other
terms or provision on the Website except for privacy matters, these Terms and
Conditions shall prevail.
11.8 If any term or condition of our Agreement shall be deemed invalid, illegal
or unenforceable, the parties hereby agree that such term or condition shall be
deemed to be deleted and the remainder of the Agreement shall continue in force
without such term or condition.
11.9 These Terms and Conditions and our Agreement shall be governed by and
construed in accordance with the laws of Republic of Azerbaijan. The parties
hereto submit to the exclusive jurisdiction of the Binagadi district Court.
11.10 No delay or failure on our part to enforce our rights or remedies under
the Agreement shall constitute a waiver on our part of such rights or remedies
unless such waiver is confirmed in writing.
11.11 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Azerbaijani Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Binagadi district Court. All dealings, correspondence and contacts between us shall be made or conducted in the Azerbaijani language.