Terms and conditions

Scope

These terms & conditions (“agreement” or “terms”) constitute a contract between you and Excellink, a sole proprietorship registered in Sri Lanka in 2023 (“company”, “we”, “us”, or “our”), governing your use of our website at excellink.lk (the “site” which includes all variations of the site), any mobile applications (“apps”) that hyperlink to this agreement, any other written, electronic, and oral communications with the company, or any websites, pages, features, or content owned, licensed to or operated by us that hyperlink to this agreement (collectively, including the site and apps, the “services”).

The company operates a single, dedicated online and retail store specializing in kitchenware and home appliances. All products are sourced and sold directly by Excellink. This is not a multivendor marketplace – all items are offered exclusively from our store with direct quality assurance and customer support.

By accessing or using the services in any manner, including, but not limited to, visiting or browsing the site, downloading the mobile applications, registering an account, or contributing content or other materials to the site or on or via the apps, you expressly understand, acknowledge and agree that you have read and understood the terms and agree to be bound by such terms found on the site.

You are only authorized to use the services if you agree to abide by all applicable laws and to these terms.

In addition, you may read our privacy & cookie policy at any time for more information about how the company collects, stores, and protects your information when you use the services. Our privacy & cookie policy is hereby incorporated by reference into these terms as though fully set forth herein.

Updates To The Terms

We reserve the right to modify the terms, including the privacy & cookie policy, at any time, in our sole discretion. By continuing to use the services, following such changes (regardless of whether a notice was sent by the company), you agree to be bound by any variation made by us to this policy and/or accompanying policies/agreements including, but not limited to, the privacy & cookie policy. It is your responsibility to check this policy and/or accompanying policies/agreements from time to time to verify such variations.

Acceptance Of Terms

To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the services indicates your agreement to all the terms and conditions in this agreement. If you disagree with any part of the terms then you should immediately discontinue access or use of the services. Please read this agreement carefully before proceeding.

If you have any questions regarding these terms & conditions or our privacy & cookie policy, you may contact us anytime at info@exceliink.lk or use our customer service platform on the website.

USE OF OUR SERVICES

Representations

When you use our services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years old or visiting the services under the supervision of a parent or guardian. Subject to the terms and conditions of this agreement, the company hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the services by displaying it on your internet browser, for our site, or on your mobile devices, for our apps, only for the purpose of shopping for personal kitchenware and appliance items sold by Excellink on the site or apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by the company in advance. Any breach of this agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Limitations On Use

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the services or any portion of them unless expressly permitted by the company in writing. You may not make any commercial use of any of the information provided on the services or make any use of the services for the benefit of another business unless explicitly permitted by the company in advance. The company reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You shall not upload to, distribute, or otherwise publish through the services any content, information, or other material that:

1. Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person

2. Is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law

3. Includes any bugs, logic bombs, viruses, worms, trap doors, trojan horses or other code, material or properties which are malicious or technologically harmful

Additionally, you agree not to:

1. Use the services for any unlawful purposes, or in a way that could violate any applicable federal, state, local, or international law or regulation

2. Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the services, or which, as determined by us, may harm us or other persons using the services or expose us or them to liability

3. Use the services in any manner that could disable, overburden, damage, or impair the site or apps or any other party’s use of the services

4. Use any robot, spider or other manual or automated device, process, software or means to index or access the service for any purpose

5. Use the services to distribute unsolicited promotional or commercial content, or solicit other persons using the services for commercial purposes

6. Otherwise attempt to interfere with the proper working of the service

Account Creation And Termination

In order to access some features available on the services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the site or apps in a manner consistent with the terms and conditions of this agreement, and the company has no obligation to investigate the authorization or source of any such access or use of the services.

You will be solely responsible for all access to and use of the services by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. In no event shall we be liable for any loss, theft or fraudulent use of your user account. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of the site or app’s security. Please do not use the same password for this site or app that you use for other sites.

From time to time, we may restrict access to some or all parts of the services, including, but not limited to, the ability to upload documents, make payments, or send messages.

We may terminate your access to the services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these terms. You may terminate your account at any time, for any reason, by following any such instructions within the site or app, or by contacting us as described in the “Contact Us” section below.

By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive those emails, please use the link provided in those emails to unsubscribe from our email list.

PAYMENTS AND CUSTOMS

Online Payments

You may opt to pay with Cash Upon Delivery of your products (“Cash on Delivery”, “COD”) or utilize our payment gateway which will provide you a series of payment options. All prices are exclusive of delivery charges and any applicable taxes. The total cost of your order is the price of the products ordered plus the delivery charge.

Customs/International Shipping

In the event products are shipped out of Sri Lanka, in accordance with customs regulations, you must provide valid and accurate data. All consignee names, addresses and payer names should be valid. It is your sole responsibility that the data you provide to us is complete and accurate. Should any information be missing or be incorrect and prevent any shipment or deliveries or customs clearance, we will not be responsible and will not offer any compensation in such cases.

While we would attempt our best to deliver the products to you, it is your obligation to clear and obtain the products from customs or relevant regulatory authority.

You hereby authorize the company to make statements, submit, amend and validate all declarations and documents necessary or useful to import goods ordered by you in your name and for your account. This authorization includes the power to make and receive service and deliveries, request refunds of any levies, taxes and fees relating to the importation of goods, to conduct administrative appeal and court proceedings as well as enforcement proceedings and appeals and remedies at all instances, file applications, complaints, etc. with public authorities, courts and other institutions.

PRIVACY POLICY

When you use our services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary.

We respect your right to privacy. By using our services or otherwise you agree to, and where required, consent to the collection, use and transfer of your information as set out in the privacy & cookie policy.

To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our privacy & cookie policy.

ERRORS

In case you detect that an error occurred when entering your personal data during your registration as a user of our services, you can correct these errors on our site in the section “My Account”. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us through our site and apps.

The services display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the services offer details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.

If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service platform to correct the error.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of an item until after you place your order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item.

TRADE RULES

Price and Payment

All prices are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to you through a relevant mode of payment/transfer.

In any event of a refund where determined relevant and necessary, you will be provided the opportunity to choose between receiving credit to the value of sum refunded to be utilized on our website or other mode of payment. In the event you do not opt to obtain credit to be utilized on the website; if the payment has originally been made by credit/debit card, such payment will be reversed. If a cash payment has originally been made, your refund will be remitted to a bank account designated by you.

All prices are exclusive of delivery charges. Delivery charges are non-refundable at all times. Prices may change at any time, but changes shall not affect orders for which we have sent an order confirmation.

You may use the payment methods specified on the site and offered by our payment gateway, which may include Visa, Mastercard, American Express, cash on delivery, and other local payment methods. To minimize the risk of non-authorized access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorization on your card to ensure that there are sufficient funds to complete the transaction.

Colors

We have made every effort to display, as accurately as possible, the colors of our products that appear on the services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Packing and Fragile Items

We comply with standard packing requirements for the method of transportation selected. Special packing, loading or bracing requested by you will be charged to you separately. Given the fragile nature of some kitchenware and appliances, we recommend purchasing additional fragile item insurance if available.

You are obligated to inspect all packages upon delivery and must not accept any package that is damaged at the point of acceptance. In such an instance, you are required to inform us immediately regarding damaged packages and must provide photographic evidence if possible.

Shipping & Delivery

The company ships from different warehouses in different areas. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy periods, deliveries may take longer.

For bulky appliances and large kitchenware items, delivery schedules may vary based on logistics availability. You will receive tracking information once your order ships. If you have any questions regarding shipping and delivery, please contact our customer services platform.

Title to any purchased items transfers from the company to you once the items are loaded onto the carrier at the company’s warehouse. Any claims against the company for shortage or damage occurring prior to our delivery of the item to the carrier must be made within seven (7) days after your receipt of the goods.

Return Of Product

Goods with defects or quality issues can be returned within 7 days of receipt. Please contact our customer service for detailed information regarding the return process.

Please note: Wrong size items cannot be returned or exchanged. All product sizes are clearly displayed on our website, and customers are responsible for selecting the correct size before purchase. We encourage you to carefully review all size specifications and product dimensions before ordering.

For defective products, if a defect or damage is confirmed on the returned products, we will give you a complete refund including the charges you have accrued for delivery and return.

Delivery charges are non-refundable at all times. Costs of returning defective products are to be borne by us.

For appliance warranties and extended protection plans, terms are subject to the specific manufacturer warranty provided with each product. Please refer to the product documentation for complete warranty details.

The following items cannot be returned or exchanged once opened or used: electrical appliances, cooking appliances that have been plugged in or used, items with broken seals or opened packaging, and items damaged due to misuse or improper handling.

REVIEWS, COMMENTS AND SUBMISSIONS

Except as otherwise provided elsewhere in this agreement or on the services, anything that you submit or post to the services and/or provide to our site or app, including, without limitation, pictures, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “submissions”) is and will be treated as non-confidential and nonproprietary. By submitting or posting, you agree to irrevocably license the submissions and all intellectual property (“IP”) rights related thereto to the company without charge and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form.

You are responsible for all submissions shared and must ensure these are in line with public morals and religious beliefs, are not in violation of any applicable laws and will not cause us to violate any applicable laws or regulatory guidelines.

When you post comments or reviews to the site or apps, you also grant us the right to use the name that you submit with any review, comment, or other content in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other content that you post on this site.

INTELLECTUAL PROPERTY AND OWNERSHIP

The services, including all of their information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “content”) provided as part of the services belong at all times to the company, its affiliate entities or to those who grant us the license for their use and is protected by copyright laws in Sri Lanka and internationally.

Content on the services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the company or the respective owners or licensors.

THIRD PARTY LINKS AND RESOURCES

Our site and apps may contain links to third-party sites that are not owned or controlled by us. We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. Your use of any such third-party site or platform is at your own risk and will be governed by such third party’s terms and policies. We strongly advise you to read all third-party terms and conditions and privacy policies.

EVENTS BEYOND OUR CONTROL

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the terms or other contracts when caused by events that are beyond our reasonable control (“force majeure”). Force majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others: strikes, civil unrest, natural disasters, inability to use transportation or telecommunication systems, acts or restrictions of any government or public authority, and border closures or trade disruptions.

Our obligations deriving from the terms or other contracts are suspended during the period in which force majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations.

LIABILITY FOR PURCHASED PRODUCTS AND LIMITATIONS

Unless otherwise indicated expressly in these terms, our liability regarding any product acquired on our site shall be limited strictly to the price of purchase of said product.

Due to the open nature of the services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the services. All product descriptions, information and materials shown on the services are provided “as is”, with no express or implied warranties or conditions of the same, except those legally established.

By using the services, you hereby acknowledge and agree that we are providing the services on an “as is”, “as available” and “with all defaults” basis, without warranty of any kind, express or implied. To the maximum extent permitted by law, the company will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, or loss of data arising out of or in any way connected with your use of the services.

LEGAL DISPUTES

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation or the use of the services shall be governed by and construed in accordance with the laws of Sri Lanka without regard to its conflict of law provisions.

Any dispute arising out of or in connection with this agreement and the use of the services shall be amicably settled failing which parties may opt to litigate before the relevant court of law in Sri Lanka.

We are available by email at info@exceliink.lk to address any concerns you may have regarding your use of the services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit.

All claims and disputes must be litigated on an individual basis and not on a class basis.

CONTACT US

We welcome your questions and comments about our privacy practices or these terms. You may contact us anytime via email or phone:

Email: info@exceliink.lk
Phone: 0117114522