Terms & Conditions
The following terms and conditions and the Privacy Policy comprise the legal Agreement (the “Agreement”), between you (either an entity or individual) and Budu Medura (“hereinafter referred to as “Budu Medura”, “we”, “us” or “our”) in relation to the use of this website and the online purchasing of the Products described and made available on the website.
By clicking the “I Accept” button at the bottom of this Agreement you confirm that you have read and understood the terms and conditions set out herein and that you agree, without limitation or qualification, to be bound by the terms and conditions of this Agreement and by all laws and regulations applicable to the online purchasing of the Products.
We may change these terms at any time by posting the updated terms on our website. Please review these terms regularly to ensure you are aware of any changes made by us. Your continued use of the website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Definitions:
- “Business Days” means a day other than Saturday, Sunday and/or a bank or public holiday in Sri Lanka as declared under and in terms of the Holidays Act No. 29 of 1971 as amended.
- “Customer Account” means a Budu Medura user account created by you through the website.
- “Personal Information” may include your name, email address, mailing address, and phone number, credit card/debit card details or other payment information and location information.
- “Products” mean the products displayed on the website.
1. Online Purchase of Products
Customer Account:
You are required to create a Customer Account for online purchasing of Products. As the administrator of your Customer Account, you are responsible for all activities that occur under your Customer Account irrespective of whether such activity was authorized by you. Budu Medura shall not be responsible for unauthorized access to your Customer Account unless such access was solely due to the fault of Budu Medura. Any unauthorized activity on your Customer Account shall immediately be informed by you to Budu Medura and Budu Medura shall take steps to suspend your Customer Account until further investigation and verification. Budu Medura reserves the right to cancel the registration of a Customer Account without assigning any reason therefore.
Personal Information
Your submission of Personal Information through the Customer Account is governed by our Privacy Policy.
Orders:
- You may place an order to purchase the Products through your Customer Account.
- You must provide accurate, current, and complete information at the time of placing your order. Budu Medura is not responsible for any lapse in its service, including without limitation, any lapsed deliveries due to outdated contact information associated with the order. If you need to verify or change your contact information, please contact our team via email or phone. Providing false contact information of any kind may result in the cancellation of your order.
- Descriptions of Products and/or pricing are subject to change without prior notice solely at our discretion.
- We reserve the right, but are not obliged, to discontinue/restrict the sale of our Products or quantities of the Products offered, to any person, geographic area or jurisdiction on a case-by-case basis.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colours will be accurate.
Payment:
You shall pay for your online purchase using the third-party credit/debit card service provided in the website. Unless otherwise stated, all prices are quoted in Sri Lankan Rupees (LKR).
2. Cancellation and Return Policy:
- Budu Medura reserves the right to cancel your order for any reason, including but not limited to the unavailability of the Products, Products being incorrectly described or priced on the website (Budu Medura specifically reserves the right to revise or cease to make available any of its Products at any time).
- In the event your order is cancelled by Budu Medura you shall receive an email notification of same within 07 of Business Days and Budu Medura shall refund the full amount paid by you to the credit/debit card that was used for the transaction.
- You may cancel your order through the Customer Account within 24 hours of having placed your order.
- All discounted Products are considered finally sold and there shall be no refund or return of any order for such discounted Products accepted by Budu Medura.
- Paid ‘store pickup’ orders which are not collected within 30 days will be cancelled automatically and cancelled items are subject to a cancellation fee equivalent to 20% of the sale value.
- Once The Product Has Been Purchased, And Collected By, Or Delivered To the Consumer, Returns Will Not Be Accepted By Budu Medura. As A Strict Policy, Product Return Or Exchange Requests Will Not Be Accommodated For A Consumer’s Unmatched Expectations, Or Change Of Mind, Unless There Is A Valid Defect With The Device, For Which Warranty Can Be Claimed For.
- Exchanges Will Be Accepted For Products That Are Brought Back In The Same Purchased, And Brand New Condition, With All Package Seals In-Tact And Untampered With, Within 7 Working Days. Upon Inspection And Consideration By The Budu Medura Management, The Consumer Will Be Allowed To Obtain A Different Product Of Equal Value, Or Upgrade To A Different Product Paying The Difference To Budu Medura.
- Refunds Are Not Applicable. Store credits will be issued to the value of the item which you can use to purchase from the website in the future. *Store credits are valid up to 1 year.
- Should You Choose To Purchase Any Product Via The Budu Medura
3. Shipping and delivery:
- The delivery charges will be calculated based on the weight of the item and the distance.
Delivery Period
Books ordered before 3 pm on a working day will be delivered within the next 2 working days.
Eg: If you order a item on Friday after 3 pm, it will be delivered on Monday.
If the book is ordered on Monday after 8pm, it will be delivered on Thursday.
Books ordered on Monday before 3pm will be delivered on Wednesday.
- We DO NOT undertake same day delivery
- The estimated time of the arrival of your Product should be considered as an estimate only.
- The risk of loss shall pass to you upon our delivery of the Products to the shipping service provider. Budu Medura will not for any reason be liable for any loss, damages or expenses thereafter.
4. Intellectual Property
- All intellectual property rights relating to the Products and materials displayed or otherwise accessible through this website including trademarks and copyrights are owned by Budu Medura and are protected under the applicable intellectual property laws.
- You shall not print, copy, reproduce, publish, transmit, distribute or make any other similar use of the contents of this website, including, but not limited to, the text, graphics, audio and visual content, and code. Notwithstanding the above, you may access this website and make a single copy of the material for your personal, non-commercial use.
- Unless with the prior permission of Budu Medura no part of this website may be reproduced or transmitted to or stored in any other website, nor shall any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
- Any comments or materials sent to Budu Medura through the website including feedback data, questions, comments and suggestions (collectively “Feedback”), shall be deemed to be non-confidential. Budu Medura has no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Budu Medura shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including for developing, manufacturing and marketing Products and services incorporating such Feedback.
- This clause shall survive the termination of this Agreement.
5. Disclaimers
- Budu Medura hereby excludes any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance of this website or any of its Products/contents, including but not limited to conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, non-infringement, or non-fraudulent representations, to the extent permitted by law.
- This website is provided “as is”, and may contain errors, inaccuracies, viruses or bugs. As such, Budu Medura makes no warranty that the contents of the website are secure, free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof. Should you choose to download any content from this website (subject to clause 4 of the intellectual property clauses above), you do so at your own risk.
- Budu Medura shall not be liable for any damages, including, without limitation, consequential loss, loss of business opportunities or projects, loss of profits or anticipated profits, loss of goodwill or injury to reputation, arising from the use of or inability to use the website, services or Products purchased through the website, nor for any loss or damage caused by a distributed denial-of-service attack, viruses, bugs or other technologically harmful material that may affect your computer hardware, software, data or other proprietary material due to your use of the website, the service or your downloading of any material posted on the website or any linked website. In any event, Budu Medura’s liability for all damages and losses, including negligence, shall not exceed the purchase price of the Products.
- This website may contain links to other webpages or websites that are operated by third parties and are not under the control of Budu Medura. Budu Medura is not responsible for, and expressly excludes all liability with relation to these linked webpages or websites which you access at your own risk, and Budu Medura makes no representations, warranties or conditions concerning the linked webpages or websites or their content. The inclusion of any link to other websites does not imply endorsement of the same by Budu Medura.
6. Termination:
- Your rights with regard to accessing this website may be terminated or restricted at any time at the sole discretion of Budu Medura. Budu Medura is not required to give you advance notice or explanation for the termination. This termination shall be in addition to any other rights that Budu Medura may choose to enforce.
- Without limitation to the above, Budu Medura has the sole discretion to terminate the Agreement and thereby your Customer Account with immediate effect if:
- You breach any terms of this Agreement including the standards of conduct set out under clause 7 (a).
- You fraudulently used/misused the credit/debit card when making payments for the Products.
- It is legally required to terminate your Customer Account by any government authority due to any contravention to applicable laws and/or regulations.
7. Miscellaneous
Your conduct on our site
- The following activities are prohibited and constitute an express violation of this Agreement:
- Deliberately submitting inaccurate information, committing fraud or falsifying information in connection with your Customer Account.
- Attempting to, or accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
- Attempting to scan, or test the security or configuration of the website or to breach security or authentication measures without proper authorization.
- Tampering or interfering with the proper functioning of any part, page or area of the website and any and all functions and services provided by Budu Medura.
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our website, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the website.
- Using the website or any of its contents to advertise, solicit or for any other purpose/use not intended by Budu Medura;
- Reselling or repurposing your access to the website or any purchases made through the website;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure;
- Acting illegally or maliciously against the business interests or reputation of Budu Medura or our Products or services.
Representations, Warranties and Undertakings
- You warrant that any information you may post, transmit or submit to this website does not: (i) infringe on a third party’s rights, specifically but not limited to any intellectual property rights, or any other confidential or proprietary right; and (ii) constitute a criminal offence or give rise to civil liability.
- You warrant that you will not knowingly post, transmit or submit any information that will cause damage to either the website or to any other user.
- You undertake to keep secure and confidential all usernames and/or passwords relating to the Customer Account.
- You represent and warrant that you are above eighteen (18) years of age and have full power and authority, corporate or otherwise, to enter into and perform your obligations under this Agreement.
- Entry into and performance of this Agreement does not violate any provisions of any law, statute, rule, regulation, judgement, writ, injunction, decree or order applicable to such Party.
- Budu Medura represents and warrants that all permission required by law to operate the website and to sell the Products has been obtained.
- Relationship: This Agreement does not create any association, partnership, joint venture, or agency relationship between you and Budu Medura.
- Force Majeure: If either Party hereto is unable to perform the whole or any part of its obligations and responsibilities under this Agreement for any reason beyond its control including but not limited to strikes, lock-outs, acts of god, war, riot, malicious acts of damage, fire, acts of any government authority or failure of the public electricity supply, then the performance of the obligations of that Party as affected by such cause shall be excused during the continuance of the inability so caused, but such inability shall so far as possible be remedied as soon as reasonably possible.
- Indemnification: You agree to indemnify, defend and hold harmless Budu Medura, its subsidiaries, affiliates and their respective officers, directors, employees, affiliates or agents against any all claims and expenses, including reasonable legal fees arising from your misuse of this website or the breach of any of the provisions of this Agreement, to the extent permitted under the applicable laws.
- Assignment: You shall not assign or deal with the whole or any part of your rights and/or obligations under this Agreement without the prior written consent of Budu Medura.
- Modification/Variation: As the terms of this Agreement may be modified at Budu Medura’s sole discretion, without any obligation to notify you, we advise that from time to time you check this website to review the changes. Your continued use of this website shall constitute your consent to any changes.
- Entire Agreement: This Agreement along with the Privacy Policy embodies all the terms and conditions agreed upon between Budu Medura and you and there are no other written or verbal agreements or representations relating to same. Should any provision of the Agreement be deemed invalid or unenforceable, those provisions shall be severed from the Agreement, but shall not affect the validity of the other provisions.
- Governing Law and Jurisdiction: This Agreement along with the Privacy Policy, the website, any use of it and any dispute relating thereto to or to the Products purchased shall be governed and construed in accordance with the laws of Sri Lanka. Use of this website indicates your irrevocable and unconditional consent to submit to the exclusive jurisdiction of the courts of Sri Lanka.
- Dispute Resolution: Disputes shall be settled amicably between Parties by negotiation. If the Parties are unable to settle the dispute amicably within thirty (30) days from the date of notice of the dispute, the Parties irrevocably submit to the exclusive jurisdiction of the Courts of Sri Lanka.
8. Contact
You may reach our customer service team at:
Budu Medura
Kohalwila Road, Gonawala, Kelaniya. Sri Lanka
Email: [email protected]
Phone: +94 719 330 207
