Terms and Conditions

Terms and Conditions

By using buyitem.lk (hereinafter called and referred to as “buyitem.lk” or the “Site”), you agree to these conditions. Please read them carefully.

If you do not wish to be bound by these Terms and Conditions, You may not access or use this Service. If You utilize the Service in a manner inconsistent with these Terms and Conditions, Rich IT Solutions (hereinafter called and referred to as “Buyitem”) may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse. Buyitem may modify the Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions. You agree to review the Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Terms and Conditions.

PRIVACY

Please review our Privacy Notice, which also governs your use of buyitem.lk Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will either communicate with you by e-mail or post notices on the Site. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS AND COPYRIGHT

All content included in or made available through buyitem.lk, such as graphics, logos, page headers, button icons, scripts, and service names are registered or unregistered trademarks or trade names of Buyitem, its affiliates or its Partners in Sri Lanka and/or other countries. The “buyitem.lk” and the “Buyitem” trademarks and/or trade names may only be associated with its products and services and may not be used in connection with any other products and/ or services, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits buyitem.lk or Buyitem. All other trademarks not owned by Buyitem or its Partners or its vendors that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Buyitem its vendors or its Partners.

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of Buyitem, its Partners or its vendors and such content is protected under the Intellectual Property Act of Sri Lanka No 36 of 2003.

LICENSE AND SITE ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, buyitem.lk or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of buyitem.lk services. You may print and download (page caching) or portions of material from the different areas of the Service solely for your own non-commercial use. This license does not include any resale or commercial use of any buyitem.lk Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any buyitem.lk Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use are reserved and retained by Buyitem, or its licensors, suppliers, publishers, rights holders, or other content providers. No buyitem.lk Service, nor any part of any buyitem.lk Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of buyitem.lk. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of buyitem.lk without express written consent. You may not use any Meta tags or any other “hidden text” utilizing buyitem.lk’s name or trademarks without the express written consent of Buyitem. You may not misuse the buyitem.lk Services. You may use the buyitem.lk Services only as permitted by law. The licenses granted by Buyitem terminate if you do not comply with these Terms and Conditions of Use.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. Furthermore, you are responsible for all activities that occur under your account or password. You authorize Buyitem to assume that any person using the Site with your password and username either is you or is authorized to act for you. You agree to notify Buyitem immediately of any unauthorized use of your account or any other breach of security. Buyitem will not be liable for any loss that you may incur because of someone else using your password or account either with or without your knowledge. However, you could be held liable for losses incurred by Buyitem or another party due to someone else using your account or password. buyitem.lk does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under the age of 18, you may use buyitem.lk only with involvement of a parent or guardian. Buyitem and its Partners reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion.

COPYRIGHT COMPLAINTS

Buyitem respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please report in the manner prescribed below.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Buyitem’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Buyitem that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the site.
Your address, telephone number, and e-mail address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Buyitem’s Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:
Email: support@buyitemlk.com
Contact Number: +94 777 123445

RETURN AND REFUND POLICIES

Please read the following carefully to ensure you are fully aware of your rights under the policy and our obligations to you.
Buyitem will process a refund based on the following:
The item is faulty/damaged or is not of acceptable quality, or
The product does not match the sample, or our description as listed on the Buyitem.lk website
Please contact our Call Centre via email/call within 2 working days of receipt of product, and we will make arrangements to return the product to us, in order for our team to evaluate and process the replacement or a refund.
Note – In the event of a replacement, buyitem.lk customer care team will coordinate with relevant supplier/s for replacement of faulty product/s. However, time line for the replacement may vary from supplier to supplier.
buyitem.lk will work closely with each supplier to expedite the replacement.
The product must be returned in the original and undamaged manufacturer packaging / box. This includes but not limited to, original tags, warranty cards, accessories any free items.
If a product is returned to us in an inadequate condition, Buyitem reserves the right to send it back to you.
The processing time for refunds via debit/ credit card payments will be processed within 5-14 working days. However, orders placed via bank instalment option/facility, may take longer than 14 working days to process, and can vary. This timeline is provided after taking into account the time taken by various banking institutions and their processes.
Note: Refunds for change of mind will not be accepted. Products/ services under flash deals are limited time and limited stock promotions that once ordered and paid are non-refundable.
The Voucher Codes on offer must be utilized (redeemed) during the promotion period/timeline of the Voucher Code. buyitem.lk is not liable for failure to redeem the voucher.

CANCELLATIONS

Cancellations of orders placed on buyitem.lk are not allowed. However, the exceptions are:
order can be cancelled if the order has not yet been processed on the Buyitem system and/or before midnight the same day of placing the order.
Cancellations (for e.g. due to an error in software application) may be effected via the Site provided that the product has not been processed on the Buyitem system.
Buyitem reserves the right, to retain any portion of fees retained by the bank (if any) as a result of the cancellation.

UNAVAILABILITY OF PRODUCT / PRODUCT OUT OF STOCK

Buyitem.lk only acts as an intermediary between the customer and the supplier for products advertised on Buyitem.lk platform. Inventory of all products are not managed nor maintained by Buyitem.lk.
Some products may become unavailable or become out of stocks (OOS) from time to time due to overselling by the suppliers. However, the product/s may show online as available for purchase on Buyitem.lk if the supplier has not promptly informed us of the fact that the product is unavailable for them to supply us.
In such circumstances Buyitem.lk does not accept any liability whatsoever for the fulfillment of your order/s.
In the event of a stock unavailability, Buyitem.lk will inform the customer within 3 working days, and the payment can be refunded as per the “Refund and Returns Policy” guidelines.
Customer acknowledges and agrees that the only remedy available for unavailability of product is the refund of the money paid.

Please note that placement of an order including the payment of the order value by the Customer will be construed as an offer. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (Email stating that “Your order on buyitem.lk has been placed”). The Order Confirmation E-mail is an acknowledgement that we have received your order and has been passed for processing and does not confirm acceptance of your offer to buy the product(s) that you have ordered. We only accept your offer, when we have commenced delivery after the supplier has released the product.

DELIVERY

Standard Delivery is 5 working days ( excluding weekends / bank , public, mercantile, holidays / and any other special holidays declared by the government)
Orders placed after 15.00 Hours, will be carried forward to immediate next working day
Special Delivery can be arranged for orders within Colombo 1-15 and suburbs with a premium fee
Due to prevailing situation in the country, orders to lock down areas may get delayed

OTHER BUSINESSES

Parties other than Buyitem, their Partners and Vendors may operate stores, provide services, or sell product lines on this Site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Buyitem does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this Site are provided by Buyitem or its Partners on an “as is” and “as available” basis, unless otherwise specified in writing. Buyitem and its Partners make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this Site, unless otherwise specified in writing. You expressly agree that your use of this Site is at your sole risk.

To the full extent permissible by applicable law, Buyitem and its Partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Buyitem and its Partners do not warrant that this Site; information, content, materials, products (including software) or services included on or otherwise made available to you through this Site; their servers; or e-mail sent from the Site are free of viruses, or other harmful components. Buyitem and its Partners will not be liable for any damages of any kind arising from the use of this Site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Televisions (HD/Full HD/4K/8K)
Proof of purchase is a pre-requisite to claim warranty.
For units installed in different locations other than the delivery address on initial purchase order would and could be subjected to below terms should there be a warranty claim there on,
All expenses incurred in collection the unit or part/s thereof by the company’s authorized service representative, as well as expenses incurred in connection with deputing of service personnel/ technicians towards to and fro travel, conveyance and other incidentals etc. will be borne by the customer.
In the event of repairs/replacement of any part/s of the unit, this warranty will thereafter continue and remain in force only for the unexpired period of the warranty. Moreover, the time taken for repair/replacement and in transit whether under the warranty or otherwise shall not be excluded from the warranty period.
The company or its authorized service Center/ service dealer, reserves the right to retain any part/s or component/s replaced at its discretion in the event of a defect noticed in the equipment during the warranty period.
Warranty for the unexpired period shall continue after the product is inspected by the concerned service Center and the product is found free from transit damage. The customer shall have to pay a visiting charge towards inspection, as applicable. In case of any transit damage, the product shall be repaired by the concerned service Center on charges and warranty for unexpired period to continue.
The company’s obligation under this warranty shall be limited to repair or providing replacement of part/s only. The maximum claim /s if entertained by the company will be subject to the maximum retail price of the product purchased or the purchase price, whichever is lower.
In the event of any unforeseen circumstance, and spares not being available, the company’s prevailing depreciation rules will be binding on the purchaser to accept as a commercial solution in lieu of repairs.
In case of a defective accessory, only the accessory will be repaired or replaced.
All disputes arising out of this warranty are subject to Sri Lanka jurisdiction only.
The company’s obligation under this warranty shall be limited to repairing or providing replacement of part/s, which are found to be defective.
The concerned Service Center will advise the customer whether to affect the repair at site or it’s Service Center.
Any part/s of the system replaced by the company at its discretion shall be with a functionally operative part.
While carrying out repair, Samsung may use accessories or parts that are new or refurbished or reconditioned.
THIS WARRANTY IS NOT APPLICABLE IN ANY OF THE FOLLOWING CASES
Repair due to misuse/third party repair attempts are not covered in warranty.
Warranty does not cover repair due to external factors/medium/data types.
If the product is not used as per its usage specifications (example: Personal, Commercial etc.)
If the product has failed under certain conditions/types (example: Waterlogging, Misuse etc.)
The original serial number is removed, obliterated or altered from the machine or cabinet.
Defects due to cause beyond control like lightning, abnormal voltage, acts of God or while in transit to service Center or purchaser’s residence.

MAKING A CLAIM FOR WARRANTY

The product together with the invoice must be sent directly to Buyitem to evaluate the warranty claim. (Product should be in Original Packaging and all attempts should have been taken to ensure it is securely packed)
The product must be used for the specified purpose to claim the warranty within the specified warranty period.
Warranty will cover manufacturer defective products or parts with new or manufacturer factory rebuilt replacement items.
The device is considered defective if it fails to perform the functions as indicated in the operation manuals and/or technical specifications.

WARRANTY SHALL NOT BE APPLY IN THE FOLLOWING CIRCUMSTANCES

The Warranty does not cover consumables or parts of limited regular functionality due to their natural wear and tear.
Damage caused due to any liquid entering the product, negligence, misuse, accident or any kind of natural disasters.
Modifications or alterations of any nature made to the circuitry by the purchaser or unauthorized personnel, as determined by service partner.
The original serial sticker / liquid indicator or warranty seal is/are removed, obliterated, or altered.
Defects due to cases such as lightning, abnormal voltage, acts of God or accidents
External housing and cosmetic parts are not covered under these warranty terms.

APPLICABLE LAW

The Site and the Terms and Conditions herein contained shall be governed and construed in accordance with the laws of Sri Lanka. By accessing the Site, you agree that the laws of Sri Lanka will govern all matters relating to the Site without giving effect to any principles of conflict of laws.

DISPUTES

You agree that any legal action, dispute or proceeding between Buyitem and you for any purpose concerning the Terms and Conditions or in relation to your visit to the Site or the products you purchase through the Site or the parties’ obligation hereunder shall be governed by the Arbitration Act No 11 of 1995 in Sri Lanka. Any cause of action or claim you may have with respect to the Services must be commenced within one (01) year after the claim or cause of action arises or such claim or cause of action is barred.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review all other policies, such as our privacy policy posted on this Site. These policies also govern your visit to the Site. We reserve the right to make changes to our Site, policies, and to the Terms and Conditions at any time. If any of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

CONFLICT OF TERMS

If there is a conflict or contradiction between the terms and conditions in buyitem.lk and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module in buyitem.lk shall prevail in respect of your use of the relevant section or module of the website.