Terms & Conditions

1. Introduction

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. Definitions

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. Ordering

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. Prices and Payment

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. Delivery Policy

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. Rejection & Cancellation

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. Refund policy

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. Information

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.

9. Complaints

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. Limitation of Liability

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. General

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.