1.1. In these Terms and Conditions, reference to “we” and “us” means Brijlal Pte Limited (Website), and “our” has a corresponding meaning.
1.2. “You” means you our customer under these Terms and Conditions and “your” has a corresponding meaning.
2.1. While Brijlal has endeavoured to ensure that the information provided on our Website is free from error, we do not warrant its accuracy, adequacy or completeness, and to the extent permitted by law we shall not be responsible or liable for any error in, or omission from, the information provided on our Website. We reserve the right to make changes to the information provided on our Website at any time and without prior notice.
2.2. Your placement of an order via the Website is an offer to purchase our Products in accordance with these Terms and Conditions. We may accept your order by processing your payment and shipping the Product, or may, for any reason, decline to accept your order or any part of your order. No order shall be considered to be accepted by us until confirmation has been provided through email. If any credit transaction is discovered to be fraudulent, Brijlal will proceed with investigations to analyse the occurrence and facilitate to debit your account. This process will depend on the nature of the transaction.
2.3. To make a purchase from the Website:
2.3.1. You must be 18 years of age or over, or if you are under 18 years of age, you must have your parent or guardian’s consent to make the purchase and enter into the Terms and Conditions applying to the purchase;
2.3.2. You must be either purchasing on your own behalf, authorized to purchase on behalf of another person or purchasing as a gift for someone you know.
2.4. If you are purchasing on behalf of a company, association, partnership or other such entity (“Entity”):
2.4.1 You must be authorized to agree to these Terms and Conditions on behalf of the Entity;
2.4.2 You must be authorized by the Entity to make the purchase;
2.4.3 You must be authorized to use the Entity’s credit card used to make the purchase; and
2.4.4 References in these Terms and Conditions to “you” include the Entity (as defined above).
2.5. By purchasing from the Website, you warrant that you meet the relevant conditions set out in clauses 2.3 and 2.4 above.
2.6. When making a purchase from the Website, you must provide all required information (as specified in the form) or we might not be able to process your order.
2.7. At our discretion, you may not be able to proceed with any purchase on the Website, which exceeds our current limits on volume or total value.
2.8. All orders are subject to the availability of Products. If for any reason a Product is not available, we will endeavour to notify the non-availability of the same on the Website.
2.9. Where Products are listed on the Website with an incorrect price or with incorrect information, or if Product is not available we reserve the right to cancel your order for those Products (regardless of whether you have made payment for that order). Where you have already made payment for an order that is subsequently cancelled by us, we will refund the amount paid by you in relation to that order. We will provide email notification within two working days.
2.10. Although we endeavour to accurately display and describe the colours of the Products, we do not guarantee the colour of any Product delivered to you will exactly match the colour of any image of that Product on the Website.
3. Price of Products and Payment
3.1. The price payable for Products ordered by you shall be the price displayed on the Website at the time your order is submitted (subject to clause 2.9 above), together with the applicable delivery charges. Pricing information provided in any currency other than Fiji Dollars (FJD) is a guide only as payment is only collected in FJD. All prices are inclusive of VAT (Value Added Tax).
3.2. Products displayed on the Website, and their prices and VAT, are subject to change without notice.
3.3. The Total Payment to be made for the purchased Product will include the cost of the product, any taxes and applicable shipping charges.
4. Delivery & Title
4.1. We will endeavour to dispatch and have your order delivered within the timeframes stated in our Shipping Policy. If we are unable to dispatch your order within this time frame we will endeavour to contact you and advise you of the expected dispatch date.
4.2. The delivery cost will be automatically calculated at checkout before the Order Confirmation page.
4.3. Although we will endeavour to meet delivery timeframes where possible, all delivery timeframes are estimates only and we will not be liable for any loss, expense, or other damage caused by any delay in delivery.
4.4. After the first unsuccessful attempt to deliver your order, you will be charged any additional costs of re delivery. To avoid any additional charge for re-delivery please ensure correct and detailed address information is provided in the first instance.
4.5 If incorrect delivery address is provided you must pay any additional charges to have your order delivered to the correct destination.
4.6. Title to, and responsibility for, each Product you order from the Website passes to you when the Product has been paid for and is delivered to you.
4.7. Where you believe that incorrect Products have been delivered, you must contact us with any such claim within 7 days of delivery and you must provide us with a reasonable opportunity to investigate that claim and all documents related to the same.
5.1. If you discover any defect in the Product which was sent, you may return the item in the same condition within 7 days of delivery for a replacement. If a replacement is not available we may at our discretion provide a refund. You will be notified by email of the status of the replacement.
5.2. Replacements or refunds do not cover faults arising from:
5.2.1. Normal wear and tear
5.2.2. Damage caused by misuse, abuse, liquid damage, rodent damage, improper use and commercial use.
5.3. For any claim to be made, the item must be sent to: Brijlal, 70 Cumming St, Suva, Fiji.
6. Change or Cancel an Order
6.1. If you wish to change or cancel an order, contact our Customer Service Officer by email at [email protected] from Monday to Friday, 5 days a week. Orders cannot be changed or cancelled beyond 12 hours of confirmation.
7. User Conduct
7.1. You are responsible for all of your activity in connection with accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal data from any Website user.
9.1. We reserve the right to change these Terms and Conditions at any time. By continuing to use the Website you consent to any changes. It is your responsibility to regularly check these Terms and Conditions for any variations.
9.2. If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining provisions shall, to the maximum extent possible, remain in full force and effect.
9.3. We shall not be liable to you for any delay or non-performance of our contractual obligations to the extent that such delay or non-performance is caused by an event or circumstance, which is outside our reasonable control.
9.4. You shall be solely responsible for obtaining any necessary permits under (and for compliance with) all legislation, regulations, by-laws and rules that apply to the use of any Products you purchase from us.
9.5. We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this Website as well as this Website at any time.
9.6. These Terms and Conditions (and any orders to/from the Website) shall be governed by the laws of Fiji and the courts of Fiji shall have exclusive jurisdiction to hear and determine any dispute arising in relation to these Terms and Conditions (and any orders from the Website).