Our Terms & Conditions

Welcome to Bigbrands.lk ( Pvt) Ltd, also known as “site” “we” “Bigbrands”. We are an online marketplace and these are the terms and conditions for controlling the use of Bigbrands.lk and related services and tools. By using the Website, you agree to these terms and conditions and agree to comply with these Terms and Conditions. Upon use of the Website, it is confirmed that these terms are accepted. If you do not agree to be bound by this User Agreement, please do not log in or sign up for this site. This site is owned by Bigbrands.lk (Pvt) Ltd. For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as a Registered User using the computer systems. Bigbrands.lk allows the User to surf the Platform or make purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean Exogravitaz Private Limited. 
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. 

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS  

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform. 

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification. 

You agree that bigbrands.lk shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform. 

If you share or allow others to have access to your account on the platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom. 

COMMUNICATION  

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by other mode of communication, electronic or otherwise. 

PLATFORM FOR TRANSACTION AND COMMUNICATION  

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. Bigbrands.lk is not and cannot be a party to or control in any manner any transaction between the Platform’s Users. 

Henceforward: 

1. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Blkdoes not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Bigbrands.lk. 
2. Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual. 
3. lkdoes not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Bigbrands.lk does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Bigbrands.lk accepts no liability for any errors or omissions, whether on behalf of itself or third parties. 
4. lkis not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Bigbrands.lk cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. Bigbrands.lk shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers. 
5. lkdoes not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment on that behalf. 
6. lkdoes not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer. 
7. At no time shall lkhold any right, title, or interest over the products nor shall Bigbrands.lk have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Bigbrands.lk is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered. 
8. The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. lkis only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. 

At no time shall Bigbrands.lk hold any right, title, or interest over the products nor shall Bigbrands.lk have any obligations or liabilities in respect of such contract. 

Bigbrands.lk is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered. 

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. with the seller(s) that You transact with. 

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s). 

You release and indemnify Bigbrands.lk and/or any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have on this behalf under any applicable law. Notwithstanding its reasonable efforts on that behalf, Bigbrands.lk cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find another User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform. 

USE OF THE PLATFORM 

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles: 

• You shall not host, display, upload, modify, publish, transmit, update, or share any information which:  

(a) belongs to another person and to which You does not have any right to; 

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; 

(c) is misleading in any way; 

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual; 

(e) harasses or advocates harassment of another person; 

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; 

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous; 

(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; 

(i) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); 

(j) provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; 

(k) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; 

(l) contains video, photographs, or images of another person (with a minor or an adult). 

(m) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; 

(n) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, Bigbrands.lk’s prior written consent means a communication coming from Bigbrands.lk’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; 

(o) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; 

(p) interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services; 

(q) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use. 

(r) harm minors in any way; 

(s) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; 

(t) violates any law for the time being in force; 

(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; 

(v) impersonate another person; 

(w) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information; 

(x) threatens the unity, integrity, defense, security or sovereignty of Sri Lanka, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation. 

(y) shall not be false, inaccurate, or misleading. 

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 

(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers; 

1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity. 
2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means. 
3. You shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace, or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform. 
4. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform. 
5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity. 
6. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of onload and/or others. 
7. Solely to enable Us to use the information You supply Us with so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to the use of the Platform. 
8. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner. 
9. You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. 

We reserve the right but have no obligation to monitor the materials posted on the Platform. Bigbrands.lk shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Bigbrands.lk views. In no event shall Bigbrands.lk assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. 

• Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform. 
• It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform. 
• lkshall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services). 
• If you choose to browse or transact on the Platform using the voice-command-based shopping feature, you acknowledge that lkand/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve Bigbrands.lk and/or its affiliates’ products and services. Bigbrands.lk and/or its affiliates’ use of your voice data will be in accordance with the Bigbrands.lk Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of Sri Lanka. This feature may not be accessible on certain devices and requires an internet connection. Bigbrands.lk reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature. 

RETURN & REPLACEMENT POLICY

• If your product is damaged, defective, incorrect or incomplete at the time of delivery, please raise a Replacement request on website or Hotline. request must be raised within 14 days 
• For electronic appliances & mobile phones related issues after usage or after the return policy period, please check if the product is covered under seller warranty or brand warranty. For more information on warranty claims, please Contact our Hotline.
• we will not  accept a change of mind. 
• Refund Requests are not permitted.
• Replacments are allowed only for the same product.

Valid reasons to replace an item

• Delivered product is damaged (i.e. physically destroyed or broken) / defective (e.g. unable to switch on)
• Delivered product is incomplete (i.e. has missing items and/or accessories).
• Delivered product is incorrect (i.e. wrong product/size/colour, fake item, or expired)

WARRANTIES   

• We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services listed to be sold on the Site when products or services are sold by third parties. We do not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Site. We accept no liability for any errors or omissions, whether on behalf of itself or third parties. 
• We are not responsible for any non-performance or breach of any contract entered into between you and the sellers. We cannot and do not guarantee your actions or those of the sellers as they conclude transactions on the Site. We are not required to mediate or resolve any dispute or disagreement arising from transactions occurring on our Site. 
• We do not at any point in time during any transaction as entered into by you with a third party on our Site, gain title to or have any rights or claims over the products or services offered by a seller. Therefore, we do not have any obligations or liabilities in respect of such contract(s) entered into between you and the seller(s). We are not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back-ordered. 
• Pricing on any product(s) or related information as reflected on the Site may due to some technical issue, typographical error, or other reason by incorrect as published and as a result, you accept that in such conditions the seller or the Site may cancel your order without prior notice or any liability arising as a result. Any prepayments made for such orders will be refunded to you per our refund policy as stipulated. 

SELLING

• As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret, or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics, and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for the successful fulfillment of sales. 
• The listing description of the item must not be misleading and must describe the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer.  

TERMINATION 

• lkmay elect to suspend, vary or terminate the Services and the Sites at any time without prior notice for repair or maintenance work or in order to upgrade or update the Sites and the Services or for any other reason whatsoever. 
• lkmay elect to terminate the Services or your access to the Sites forthwith on breach of any of these Terms and Conditions by you, including, without limitation, delayed or non-payment of sums due to Bigbrands.lk or if Bigbrands.lk ceases to offer the Sites and the Services to its customers for any reason whatsoever. 

 

Product Descriptions/Image  

Bigbrands.lk attempts to be as accurate as possible. However, Bigbrands.lk does not warrant that product description or other content of any product/ service is accurate, complete, reliable, current, or error-free. If a product/ service offered by Bigbrands.lk is not as described, you may immediately contact our customer support at info@Bigbrands.lk or call us on our hotline.