WHAT ARE THE TERMS AND CONDITIONS?
Welcome to www.buneko.com (“Website”). This Website is owned and operated by Buneko Nepal, a subsidiary of Everythok Pvt Ltd. In addition to the Content on the Website, the Website provides you with various shopping and e-commerce services. Please read these Terms and Conditions of Use carefully before using our Website and the Services. If you choose to continue to use or access this Website after having the opportunity to read these Terms, you recognize that Buneko has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to the Terms hereof. If you do not agree to these Terms, please do not use the Website, and exit immediately.
We reserve the right to modify or amend the Terms from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Website, you agree to such terms and conditions, as well as these Terms and our <a>Privacy Policy.</a>
THESE TERMS INCLUDE AN AGREEMENT TO SUBMIT CLAIMS EXCLUSIVELY TO INDIVIDUAL (NON-CLASS) ARBITRATION. SEE BELOW.
1. COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Buneko, its licensors, vendors, agents, and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print, and download documents, audio, and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. The Website, its Content, and all related rights shall remain the exclusive property of Buneko or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on this Website.
2. PRODUCTS, CONTENT, AND SPECIFICATIONS
All features, content, specifications, products, and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
3. SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. The risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the shipping address.
4. ACCURACY OF INFORMATION
We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email or phone calls, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. THIRD-PARTY LINKS
From time to time, this Website may contain links to websites that are not owned, operated, or controlled by Buneko or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other website. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
6. UNAUTHORIZED USE OF COMPUTER SYSTEM
You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
7. ACCOUNT SECURITY
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website.
8. FEES
For all charges for any products and services sold on the Website, Buneko will bill your credit card or alternative payment method offered by Buneko. Any seasonal surcharges will be included in your order’s delivery total and are non-refundable. In the event legal action is necessary to collect on balances due, you agree to reimburse Buneko for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.
9. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not bypass any measures we may use to prevent or restrict access to the Website.
10. FORCE MAJEURE
Neither Buneko nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control.
11. PRIVACY
Your use of our Website and Services is subject to our Privacy Policy. Please read our Privacy Policy linked to here.
12. LIMITATION OF LIABILITY
Your use of the Website is at your own risk. You agree that our sole obligation to you is to provide the Website “as is.” Except as prohibited by applicable Nepalese law, neither Buneko nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing, or delivering the Products and the Website shall be liable to you or to any third party for your use of, or the inability to use, the Website and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Website. (c) any external parties causing data breaches.
13. INDEMNITY
Except as prohibited by applicable Nepalese law, you agree to defend, indemnify and hold Buneko and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Website or the Internet or your purchases or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.
14. RELEASE
In the event that you have a dispute with one or more other users of the Website, you release Buneko (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
15. TERMINATION
You or we may suspend or terminate your account or your use of this Website at any time, for any reason, or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
16. WEBSITE DISPUTES
“Website Disputes” include: (a) any claim you may have against Buneko in connection with the Site, (b) any claim Buneko may have against you in connection with the Site, and (c) any action to enforce the Terms and Conditions or to object to the Terms and Conditions.
All other disputes are Non-Website Disputes. Any claim arising from your purchase of a Buneko product or service is a Non-Website Dispute. Any claim arising from the content of any offer or advertisement on the Site is a Non-Website Dispute.
17. WEBSITE DISPUTE RESOLUTION – ARBITRATION, JURY TRIAL WAIVER, AND CLASS ACTION WAIVER
Neither you nor we will be able to sue in court in connection with a Website Dispute. All Website Disputes must be resolved through individual (non-class) arbitration. You indicate your acceptance of these Terms and Conditions, including this agreement to arbitrate, by continuing to use the Site after having the opportunity to review these Terms and Conditions.
You and Buneko waive any rights to maintain other available resolution processes for Website Disputes, such as a court action or administrative proceeding, to settle disputes. You and Buneko waive any right to a jury trial for Website Disputes.
To the extent, a party commences any action which includes both Website Disputes and Non-Website Disputes, consideration of the Non-Website Disputes shall stay until the Website Disputes are fully arbitrated. Then, any Non-Website Disputes will be considered by any court of competent jurisdiction.
You agree that you will not file a class action against Buneko and its affiliated companies, or participate in a class action against Buneko and its affiliated companies, in any Website Dispute. You agree that you will not file or seek a class arbitration or participate in a class arbitration against Buneko and its affiliated companies, in any Website Dispute.
18. GENERAL
We do not guarantee continuous, uninterrupted, or secure access to our Website or Services, and the operation of the Website may be interfered with by numerous factors outside of our control.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
19. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between the user and Buneko and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing Terms or if you have any questions or comments, we invite you to contact our Customer Service Department by email at info@buneko.com or by phone at 9813759269.
COPYRIGHT AND TRADEMARKS NOTICE
All Site design, graphics, text selections, arrangements, and all software are Copyright© 2021 Buneko Nepal.
All trademarks, service marks, and trade names of Buneko used herein (including but not limited to: the Buneko name, and the Buneko corporate logo) are trademarks or registered trademarks of the Buneko Group, or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Buneko trademarks in any way, including in advertising or publicity pertaining to the distribution of materials on this site, without Buneko’s prior written consent. The use of Buneko trademarks on any other website or network computer environment is not allowed. Buneko prohibits the use of Buneko trademarks as a “hot” link on or to any other website unless the establishment of such a link is approved in advance.