Terms and Conditions of Sale / Returns Policy

1. TERMS AND CONDITIONS OF SALE.

(a)

These terms and conditions of sale (these “Terms”) apply to the purchase and

sale of products (your “Order”) through https://www.sc.com.bd/ (the

“Site”). These Terms are subject to change by Shahenoor Corp. (referred to as “Shahenoor

Corp.”, “us”, “we”, or “our” as the context may require) without prior written

notice at any time, in our sole discretion. The latest version of these Terms

will be posted on this Site, and you should review these Terms before placing

your Order on this Site. Your continued use of this Site after a posted change

in these Terms will constitute your acceptance of and agreement to such

changes.

(b)

These Terms are an integral part of our Site. You should also carefully review

our Product Quality and Performance page: https://www.sc.com.bd/product-quality/,

our Privacy Policy page:https://www.sc.com.bd/privacy-policy/,

and our Shelf-Life Warranty page: https://www.sc.com.bd/materials-shelf-life-warranty/ before placing 

an

Order for products through this Site.

2. ORDER ACCEPTANCE AND CANCELLATION

(a)

We will only accept Orders for deliveries to addresses within the contiguous 64

District of the Bangladesh. If you wish to purchase our products for shipment

outside the Bangladesh, please visit this page Contact:https://www.sc.com.bd/contact-us/

(b)

You agree that your Order is an offer to buy all products listed in your Order

subject to these Terms. All Orders must be accepted by us, subject to our sole

discretion. We are not be obligated to sell products to you. Acceptance of your

Order and the formation of the contract of sale between Shahenoor Corp. and you

will not take place unless and until you have received your Order confirmation

email after you have placed your Order. The Order confirmation email will

provide you with your Order number and details of the products you have

purchased.

(c)

You have the option to cancel your Order at any time before we have sent your

Order confirmation email by calling our Customer Service Department at +8801712886465.

3. PRICES AND PAYMENT TERMS

(a)

All prices posted on this Site are subject to change without notice. The price

charged for a product will be the price in effect at the time the Order is

placed and will be set out in your Order confirmation email. Price increases

will only apply to Orders placed after such changes. Posted prices do not

include taxes or charges for shipping and handling. We are not responsible for

pricing, typographical, or other errors in any offer by us and we reserve the

right to cancel any Orders arising from such errors.

(b)

All additional taxes and charges, such as sales tax, will be added to your

Order total and will be itemized in your shopping cart and in your Order

confirmation email. If you believe you are tax exempt, please contact us to

receive instructions. We cannot apply a tax-exempt number retroactively.

(c)

Freight, shipping and handling, and hazardous goods shipping charges (if

applicable) will also be applied to your Orders and will be itemized in your

online shopping cart and in your Order confirmation email.

(d)

The terms of payment are within our sole discretion and, unless otherwise

agreed by us in writing, payment must be received by us before our acceptance

of an Order. We accept Bcash,Rocket,Nogod,Bank payment,Mastercard, Visa, AMEX,

and Paypal only. If you choose to pay by credit card, you represent and warrant

that:

(i)

the credit card information you supply to us is true, correct, and complete;

(ii)

you are duly authorized to use such credit card for the purchase;

(iii)

charges incurred by you will be honored by your credit card company; and

(iv)

you will pay charges incurred by you at the posted prices, including all

applicable taxes, if any.

4. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

(a)

Orders may take up to three (3) business days to process before shipment. You

will pay all shipping and handling charges specified in the Order. Orders are

shipped Saturdays through Thursday during normal business hours.

(b)

Orders will be shipped either by Any Local Transport or S.A Paribahon,Jononi

etc for trial units, gallon units, and five (5)-gallon units.

(c)

Title and risk of loss pass to you upon our transfer of the products to the

carrier. Shipping and delivery dates are estimates only and cannot be

guaranteed. We are not liable for any delays in shipments. If you encounter a

shipping error or delay call Shahenoor Corp. customer care +8801712886465 (8:30 am

– 5:30 pm EST, M – F).

5. RETURNS AND REFUNDS

(a)

Except for any products designated on the Site as non-returnable, or for

products purchased from another distributor, we may accept the return of the

products for a refund of your purchase price, less the original shipping and

handling costs, provided such return:

(i)

is made within thirty (30) calendar days from the Order date;

(ii)

the products are not opened and are in original packaging; and

(iii)

the products have at least fifty percent (50%) shelf-life remaining.

(b)

All returns and refunds must receive our prior authorization. To receive our

authorization, you must locate the order

number(s) for the product, for both the Part A and Part B containers (if

applicable) and call us at +8801712886465 (8:30 am – 5:30 pm EST, M – F) to

request return authorization. Based on the lot numbers you provide, a date of

manufacture will be determined. If we determine that the products are suitable

to return, a Return Merchandise Authorization (”RMA”) number will be issued to

you. No returns of any type will be accepted without an RMA number.

(c)

Upon your receipt of the RMA, send the returned-products FREIGHT PREPAID to:

Shahenoor

Corp.

Choto Kushairbag

,Zinzira,Keranigonj

Dhaka 1310.

(d) You are responsible for all

shipping and handling charges on returned items. You bear the risk of loss

during shipment. All returns are subject to a twenty percent (20%) restocking

fee. Your refund will be credited back to the same payment method used to make

the original purchase on the Site.

6. LIMITED WARRANTY

THIS

LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER

RIGHTS, WHICH VARY FROM STATE TO STATE.

(a)

What this Warranty Covers.

We

warrant that during the shelf life of the products, the products purchased from

this Site will conform to the specifications pursuant to products’ technical

bulletins. The shelf life of our products can be found at the following

link: https://www.sc.com.bd/materials-shelf-life-warranty/

If

you fail to notify us of any non-conformance within thirty (30) calendar days

of your Order, you shall be deemed to have accepted all such products subject

to this warranty obligation. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY

ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR

DISTRIBUTORS, AGENTS, OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE

THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

SHAHENOOR

CORP. MAKES NO OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING

WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE. You acknowledge that you are not relying upon Shahenoor Corp.’s skill

or judgment to select or furnish products or goods suitable for any particular

purpose or upon any affirmations of fact or promises of Shahenoor Corp. which

extend beyond the product specifications provided in the technical bulletins.

Accordingly, except as otherwise expressly provided for herein, you agree and

acknowledge that you are accepting our products on an “as-is” and “with all

faults” basis.

(b)

Who May Use This Warranty

This

limited warranty extends only to the original purchaser of products from the

Site. It does not extend to any subsequent or other owner or transferee of the

products.

(c)

What This Warranty Does Not Cover

We

shall have no warranty obligation if the products become defective in whole or

in part as the result of: (i) the transportation of the products; (ii)

alterations or modifications to the products not made by us; (iii) improper

product use or storage; (iv) your misapplication of the products or failure to

follow the instructions provided in the technical bulletins; (v) normal wear

and tear; or (vi) use of the products beyond the products’ shelf life.

(d)

Your Remedies Under This Warranty

With

respect to any defective products, we will, in our sole discretion, either: (i)

repair or replace such products (or the defective part) free of charge; or (ii)

refund the purchase price of such products. We will also pay for shipping and

handling fees to return the repaired or replacement product to you if we elect

to repair or replace the defective products.

The

remedies described above are your sole and exclusive remedies and our entire

obligation and liability for any breach of this limited warranty. Our liability

will under no circumstances exceed the actual amount paid by you for the

defective product or service that you have purchased through the site, nor will

we under any circumstances be liable for any loss of production, work, data,

use, business, goodwill, reputation, revenue or profit, any diminution in

value, costs of replacement products, or any consequential, incidental, special

or punitive damages or losses, whether direct or indirect.

(f)

How Do You Obtain Warranty Service?

You

can contact Shahenoor Corp. either our Technical Support Group through the

following link:https://www.sc.com.bd/contact-us/ or by telephone at (+8801712886465).

Please be prepared to provide the name of the product, the size container, when

you purchased it, where you purchased it and the lot numbers provided on the

product labels or outside of the box indicating “Lot #”.

For

more information about our Product Quality and Performance, please visit: https://www.sc.com.bd/product-quality/.

7. COMPLIANCE WITH LAW

You

agree that your purchase and use of our Products will comply with all

applicable federal, state, and local laws and regulations, including but not

limited to all copyright laws and laws and/or regulations governing the

exportation of any products purchased from this site including the payment of

any taxes and/or duties due thereon.

8. INTELLECTUAL PROPERTY USE AND OWNERSHIP

You

acknowledge and agree that:

(a)

Shahenoor Corp. is and will remain the sole and exclusive owners of all

intellectual property rights in and to each product and service made available

on this Site and any related specifications, instructions, documentation or

other materials made available on this Site, including, but not limited to, all

related copyrights, trademarks, patents and other intellectual property rights.

You do not and will not have or acquire any ownership, license, right or

interest in any these intellectual property rights in or to the products or

services made available through this Site, or of any intellectual property

rights relating to those products or services.

(b)

You expressly agree not to copy or reverse engineer any products sold on this

Site nor cause, induce or permit others to do so.

9. INDEMNITY

You

hereby covenant to protect, defend, indemnify and hold harmless Shahenoor Corp.,

including all parent companies, affiliates, subsidiaries, associates,

directors, officers, employees, agents, successors and assigns, from and

against and from any and all losses or damages (including without limitation

attorneys’ fees), claims, allegations, lawsuits, actions, proceedings or

investigations, which are made or brought against Shahenoor Corp. (or other

person indemnified hereunder) by any person, government, or entity arising out

of or in any way related to (a) any purported death or injury to any person or

purported damage to any property that resulted or is alleged to have resulted

from the negligence or willful misconduct of you, your employees,

subcontractors, and agents, in the performance of your obligations hereunder,

or from your use of the products sold hereunder; (b) in connection with any

drawings, schematics, promotional or advertising matter, guarantees,

warranties, labels, or instructions furnished by you or submitted to Shahenoor

Corp. by you; (c) out of any infringement of any patent, design, trade name,

trademark, copyright, trade secret, or any other intellectual property right or

entitlement of any third party due to your use of the products sold hereunder;

or (d) out of any environmental, property or toxic tort claim, lawsuit,

judgment, loss, civil penalty or action resulting from your use of the products

sold hereunder.

10. DISPUTE RESOLUTION AND BINDING ARBITRATION

(a)

YOU AND SHAHENOOR CORP. AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A

COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE

ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO

COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY

CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER

PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION,

COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND

US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE

SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 (b) The arbitrator will have exclusive

authority to resolve any dispute relating to arbitrability and/or

enforceability of this arbitration provision, including any unconscionability

challenge or any other challenge that the arbitration provision or the

Agreement is void, voidable or otherwise invalid. The arbitrator will be

empowered to grant whatever relief would be available in court under law or in

equity. Any award of the arbitrator(s) will be final and binding on each of the

parties and may be entered as a judgment in any court of competent jurisdiction.‌

(c)

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU

NOR SHAHENOOR CORP. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR

AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN

ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY

GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one

person’s claims, and may not otherwise preside over any form of a

representative or class proceeding.

(d)

If any provision of this arbitration agreement is found unenforceable, the

unenforceable provision will be severed and the remaining arbitration terms

will be enforced.

11. PRIVACY

We

respect your privacy and are committed to protecting it. Our Privacy

Policy, https://www.sc.com.bd/privacy-policy/, governs the processing of all

personal data collected from you in connection with your purchase of products

through the Site.

‌12. FORCE MAJEURE

We

will not be liable or responsible to you, nor be deemed to have defaulted or

breached these Terms, for any failure or delay in our performance under these

Terms when and to the extent such failure or delay is caused by or results from

acts or circumstances beyond our reasonable control, including, without

limitation, acts of God, flood, fire, earthquake, explosion, governmental

actions, war, invasion or hostilities (whether war is declared or not),

terrorist threats or acts, riot or other civil unrest, national emergency,

revolution, insurrection, epidemic, lockouts, strikes or other labor disputes

(whether or not relating to our workforce), or restraints or delays affecting

carriers or inability or delay in obtaining supplies of adequate or suitable

materials, materials or telecommunication breakdown or power outage.

13. GOVERNING LAW AND JURISDICTION

All

matters arising out of or relating to these Terms are governed by and construed

in accordance with the internal laws of the Commonwealth of Pennsylvania

without giving effect to any choice or conflict of law provision or rule

(whether of the Commonwealth of Pennsylvania or any other jurisdiction) that

would cause the application of the laws of any jurisdiction other than those of

the Commonwealth of Pennsylvania.

14. ASSIGNMENT

You

will not assign any of your rights or delegate any of your obligations under

these Terms without our prior written consent. Any purported assignment or

delegation in violation of this Section 14 is null and void. No assignment or

delegation relieves you of any of your obligations under these Terms.

15. NO WAIVERS

The

failure by us to enforce any right or provision of these Terms will not

constitute a waiver of future enforcement of that right or provision. The

waiver of any right or provision will be effective only if in writing and

signed by a duly authorized representative of Shahenoor Corp..

16. NO THIRD-PARTY BENEFICIARIES

These

Terms do not and are not intended to confer any rights or remedies upon any

person other than you.

17. NOTICES.

We

may provide any notice to you under these Terms by: (i) sending a message to

the email address you provide or (ii) by posting to the Site. Notices sent by

email will be effective when we send the email and notices we provide by

posting will be effective upon posting. It is your responsibility to keep your

email address current.

18. SEVERABILITY

If

any provision of these Terms is invalid, illegal, void or unenforceable, then

that provision will be deemed severed from these Terms and will not affect the

validity or enforceability of the remaining provisions of these Terms.

19. ENTIRE AGREEMENT

These

Terms will be deemed the final and integrated agreement between you and us on

the matters contained in these Terms. These contain the entire understanding

between you and us with respect to the subject matter hereof, and supersede all

prior and contemporaneous agreements and understanding, inducements or

conditions, express or implied, oral or written, among you and us with respect

to your purchase of products from this Site.