This document is an electronic record in accordance with the Electronic Transactions Act No. 19 of 2006 and any applicable rules, as well as the amended provisions in various statutes pertaining to electronic records as amended by the Electronic Transactions Act No. 19 of 2006.
This electronic record is created automatically by a computer and does not require physical or digital signatures.
We are pleased to welcome you to Epart.lk, also referred to as "we", "us", or "Epart". We are an online marketplace, and the following terms and conditions govern your access to and use of Epart, as well as its associated sub-domains, websites, mobile application, services, and tools (the "Site"). By accessing and using the Site, you hereby accept these terms and conditions (including any linked information) and represent that you agree to abide by them (the "User Agreement"). This User Agreement is effective upon your use of the Site, which constitutes your acceptance of the terms contained herein. If you do not agree to be bound by this User Agreement, you should refrain from accessing, registering for, or using this Site. Shan Advertising owns and operates this site.
Epart reserves the right, without prior notice, to change, modify, add, or remove portions of these Terms and Conditions. Changes will take effect immediately upon being posted on the Site without prior notice. Please check these Terms and Conditions for updates on a regular basis. By continuing to use the Site following the posting of changes to the Terms and Conditions of Use, you signify your acceptance of those changes.
To access certain platform services, we may require you to create an account with us or provide personal information to complete the account creation process. We reserve the right, in our sole and absolute discretion, to invalidate the username and/or password at any time and without prior notice, and shall not be liable or responsible for any losses suffered by, resulting from, arising out of, or in connection with, such request or invalidation.
You are responsible for the confidentiality of your user identification, password, account information, and any other private information associated with your account. You agree to accept this responsibility and to keep your account and associated information secure at all times, taking all necessary precautions to prevent account misuse. You should notify us immediately if you have reason to believe that your password has become known to another party or if you believe that your password is being used in an unauthorised manner or is likely to be used in an unauthorised manner. You agree and acknowledge that any use of the Site and related services, as well as any access to private information, data, or communications, through the use of your account and password, shall be deemed to be performed by you or authorised by you. You agree to be bound by the terms of any access to the Site and/or use of any of the Site's services (whether such access or use are authorised by you or not). You agree that we are entitled (but not required) to act on, rely on, or hold you solely responsible and liable for such acts or transmissions as if they were performed or transmitted by you. Additionally, you agree and acknowledge that you will be bound by and will fully indemnify us for any and all losses resulting from your use of or access to the Site via your account.
Please ensure that the information you provide us with is always accurate and complete. You are required to keep your account information current in real-time by logging into your account online. If you are unable to update certain pieces of information through Your Account on the Site, you must contact us via our customer service communication channels. We reserve the right, without prior notice to you, to deny access to the Site, terminate accounts, and remove or edit content. We reserve the right, in our sole and absolute discretion, to request that you update your Personal Data or to immediately invalidate your account or related details without providing you with any reason or prior notice, and we will not be liable or responsible for any losses suffered or caused by you as a result of or in connection with or as a result of such request or invalidation. You agree to change your password on a regular basis and to keep your account secure. Additionally, you agree to be responsible for the confidentiality of your account and for any disclosure or use of the username and/or password (whether authorised or not).
You agree, understand, and acknowledge that the Site is an online platform that enables you to purchase products listed on the Site at the advertised price at any time and from any location using the payment method of your choice. Additionally, you agree and acknowledge that we act as a facilitator and are not a party to or control any transactions on the Site or through a payment gateway made available to you by an independent service provider. Thus, the contract for the sale of products on the Site shall be strictly bipartite between you and the sellers on the Site, while payment processing will take place between you, the service provider, and, in the case of prepayments with electronic cards, your issuer bank. As a result, the payment contract on the Site is strictly bipartite between you and the service provider listed on our Site.
We will make every effort to ensure that access to the Site is available on a consistent basis, is uninterrupted, and is error-free. This, however, cannot be guaranteed due to the nature of the Internet and the Site. Additionally, your access to the Site may be suspended or restricted from time to time without notice to allow for repairs, maintenance, or the introduction of new facilities or services. We will make every effort to keep the frequency and duration of any suspension or restriction to a minimum.
By accessing the Site, you confirm that you are of legal age to form legally binding contracts and are not accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable, and non-exclusive licence to access and use the Site in accordance with the Terms and Conditions set forth herein, solely for the purpose of shopping for personal items and services listed for sale on the Site. Commercial use or use on behalf of a third party is strictly prohibited unless expressly authorised in advance by us. If you register as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that both you and the business entity will abide by all applicable laws governing online trading. Each individual or business entity may only register as a member of the Site once. Any breach of these Terms and Conditions shall result in the immediate revocation, without notice to you, of the licence granted in this paragraph.
The content on this Site is provided solely for informational purposes. Product representations on this Site, including price, available stock, features, add-ons, and other information, are the responsibility of the vendors who display them and are not guaranteed to be entirely accurate by us. Submissions or opinions expressed on this Site are the sole responsibility of the individual(s) who post them and may not reflect our views.
We grant you a limited licence to access and use this Site for personal purposes only; you are not permitted to download (except for page caches) or modify the Site or any portion of it in any way. This licence does not cover the resale or commercial use of this Site or its contents; the collection and use of any product listings, descriptions, or prices; the creation of derivative works based on this Site or its contents; the downloading or copying of account information for the benefit of another seller; or the use of data mining, robots, or similar data gathering and extraction tools.
Without our express written consent, this Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed, or otherwise exploited for any commercial purpose.
Without our express written consent, you may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form). Without our express written consent, you may not use any meta tags or any other text utilising our name or trademark. Any unauthorised use immediately terminates the permission or licence we have granted you to access the Site. Without our express written consent, you may not use our logo or any other proprietary graphic or trademark as part of an external link for commercial or other purposes.
You agree and undertake not to engage in any of the prohibited activities listed in this section; engaging in any of these activities will result in the immediate cancellation of your account, services, reviews, orders, or any other outstanding transaction with us, and may also result in legal action in severe cases.
You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only. You are strictly prohibited from using the Site for;
(i) fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Sri Lanka or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” Use the Site for illegal purposes.
(ii) To annoy, inconvenience, or create unnecessary anxiety.
(iii) for any other purpose than what we intended.
Anything you submit to the Site or provide to us, including but not limited to questions, reviews, comments, or suggestions (collectively, "Submissions"), becomes our sole and exclusive property and will not be returned to you. Along with the rights applicable to any Submission, when you submit comments or reviews to the Site, you grant us the right to use your name in connection with such review, comment, or other content. You shall not use a false e-mail address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Submissions. We reserve the right but are not obligated, to remove or edit any Submissions without prior notice or legal recourse.
We list thousands of products for sale offered by numerous sellers on the Site and host multiple comments on listings, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, we operate on a "claim, review and takedown" basis. If you believe that any content on the Site is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of Sri Lanka or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" objectionable content "), please notify us immediately by creating a support ticket from your account. We will make all practical endeavours to investigate and remove valid objectionable content complained about within a reasonable amount of time.
We are respectful of others' intellectual property. If you believe your intellectual property rights have been violated, please open a support ticket from your account or send an email to [email protected] and we will make all reasonable efforts to resolving your concern within a reasonable amount of time. Please include your name, address, and contact information, as well as as many details about the claim as possible, such as the name of the allegedly infringing party, instances of infringement, and proof of infringement. Please keep in mind that providing insufficient information will render your claim invalid and unusable in legal proceedings. Additionally, providing false or misleading information may be a legal offence that may result in legal action.
Additionally, we respect a manufacturer's right to enter into agreements for exclusive distribution or resale of its products. However, violations of such agreements do not constitute an infringement of intellectual property rights. As enforcement of these agreements is a matter for the manufacturer, distributor, and/or respective reseller, we believe it would be inappropriate for us to assist in such enforcement. While we are unable to provide legal advice or share private information protected by law, we recommend that you direct any questions or concerns about your rights to a legal specialist..
Epart.lk, the Epart logo, and the Epart apps logo, as well as other marks displayed on our Site, are trademarks or registered trademarks in their respective jurisdictions (s). Our graphics, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress and may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Each of the other trademarks displayed on this Site is the property of its respective owner, who may or may not be affiliated with, connected to, or sponsored by us.
All intellectual property rights in the Site, its information content, and all website design, including but not limited to text, graphics, software, photos, video, music, and sound, and their selection and arrangement, as well as all software compilations, underlying source code, and software, shall remain our property. Additionally, the Site's entire content is protected by copyright, trademark, service mark, patent, and other proprietary rights and laws, as applicable under applicable laws and international conventions. Each and every right is reserved.
You acknowledge and agree that you are using the Site's services and transacting at your own risk and that you are exercising sound judgement before entering into any transactions through the Site. We shall not be liable or responsible for the sellers' actions or inactions, or for any breach of conditions, representations, or warranties by the sellers or manufacturers of the products, and expressly disclaim all responsibility and liability in that regard. We are not obligated to mediate or resolve any dispute or disagreement between you and the product's sellers or manufacturers.
Additionally, we expressly disclaim all warranties and representations (express or implied) regarding the quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted on the Site, as well as the content (including product or pricing information and/or specifications). While we have taken reasonable steps to avoid inaccuracies in content, this Site, including all content, information (including product prices), software, products, services, and related graphics, are provided "as is" and without warranty of any kind. We do not support or endorse the sale or purchase of any products on the Site, either implicitly or explicitly. At no time shall we acquire any right, title, or interest in the products sold through or displayed on the Site, nor shall Epart be liable for any transactions conducted on the Site.
We are not liable or responsible for the actions or inactions of any other service provider listed on our Site, including but not limited to payment providers, instalment offerings, and warranty services.
You agree to indemnify and hold harmless Epart as owned by Shan Advertising, its subsidiaries, affiliates, and their respective officers, directors, agents, and employees from any claim or demand, or action, including reasonable attorney's fees, made by a third party or penalty imposed as a result of or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your failure to comply with any provision of these Terms and Conditions or any document incorporated by reference.
You expressly release Epart, as owned by Shan Advertising and/or its affiliates, and/or any of their officers and representatives, from any cost, damage, liability, or other consequence of the sellers' or other service provider's actions or inactions, and expressly waive any claims or demands you may have in this regard under any statute, contract, or otherwise. The Site and its services are not available to you as a remedy.
On the Site, third parties may operate stores, provide services, or sell product lines in addition to Epart and its affiliates. For instance, businesses and individuals sell their wares on Marketplace. Additionally, we provide links to affiliated companies and certain other businesses websites. We are not responsible for examining or evaluating these businesses or individuals or the content of their websites, and we do not warrant or endorse their offerings. We disclaim all responsibility and liability for the actions, products, and content of these and other third parties. When a third party is involved in your transactions, you can tell by carefully reviewing your transaction, and we may share customer information about those transactions with the third party. You should read their privacy statements and associated terms and conditions carefully.
You are communicating with us electronically when you visit the Site, send us e-mails, or open a support ticket. While placing an order with us, you will be required to provide a valid phone number. We may communicate with you via e-mail, WhatsApp, phone call, notices posted on the Site, or any other mode of communication that we choose. You consent to receive communications from us (including transactional, promotional, and/or commercial messages) regarding your use of the website (and/or placement of your order) for contractual purposes and agree to treat all modes of communication equally.
We will not be liable for any business or personal losses (including, but not limited to, lost profits, revenue, contracts, anticipated savings, data, goodwill, or squandered expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time you began using the Site.
We reserve the right to modify the Site, its policies, these terms and conditions, and any other condition or service promise that is publicly displayed at any time. You will be bound by the policies and terms and conditions in effect at the time you used the Site, unless and until a law or government authority requires a change to those policies or these conditions (in which case it will apply to orders previously placed by you). If any of these conditions is found to be invalid, void, or unenforceable for any reason, that condition will be deemed severable and will have no effect on the validity or enforceability of the remaining conditions.
We will not be liable for any delay or failure to perform our obligations under these conditions if the delay or failure is caused by an event beyond our reasonable control. This condition has no bearing on your statutorily protected rights.
You acknowledge and accept that we are a private commercial enterprise and that we reserve the right to conduct business in any manner we deem appropriate to accomplish our objectives. Additionally, you acknowledge that even if we do not take action in response to your breach of the conditions stated on our Site, we retain the right to exercise our rights and remedies in any other situation in which you violate these conditions.
In addition to any other legal or equitable remedies, we may immediately terminate the Terms and Conditions or revoke any or all of your rights granted by the Terms and Conditions, without prior notice to you. Upon termination of this Agreement, you agree to immediately cease all access to and use of the Site, and we agree to immediately revoke all password(s) and account identification issued to you, and to deny your access to and use of the Site in whole or in part, in addition to any other legal or equitable remedies. This agreement's termination shall have no effect on the parties respective rights and obligations (including, without limitation, payment obligations) arising prior to the date of termination. Additionally, you agree that the Site will be held harmless by you or any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or any of its terms, conditions, rules, policies, guidelines, or practises, your sole and exclusive remedy is to stop using the Site.
These terms and conditions are governed by and construed in accordance with Sri Lankan law. You, like us, agree to submit to the exclusive jurisdiction of the courts of Sri Lanka having jurisdiction over the location of our Registered Office at the time legal proceedings are instituted.
Our Address: No237/5, Pugoda Rd, Dekatana, 11690, WP, Sri Lanka.
Our Email: [email protected]
Our Voice Support: 0114292150
Our software refers to any software (including any updates or upgrades to the software and any accompanying documentation) that we make available to you on a temporary basis for use in connection with the Site (the "Software").
You may use the software only to the extent necessary to enable you to use and enjoy our services in accordance with the Terms and Conditions and any other applicable terms posted on the Site. You may not incorporate any portion of the Software into your own programmes or compile any portion of it in conjunction with your own programmes, transfer it for use with another service, sell, rent, lease, lend, loan, distribute, or sub-license the Software, or otherwise assign any rights in whole or in part to the Software. You may not use the Software in any way that is illegal. We reserve the right to discontinue providing you with service and to terminate your right to use the Software at any time. If you violate any of the Terms and Conditions listed here or elsewhere on the Site, your rights to use the Software will automatically terminate without notice from us. Additional third-party terms contained on the Site or distributed as such and specifically identified in associated documentation may apply and will govern the use of such software in the event that these Terms and Conditions conflict with them. All software used in our services is our property or the property of our affiliates or software suppliers and is protected under Sri Lankan law, including but not limited to any other applicable copyright laws.
While using the Site, you may also be utilising the services of one or more third parties, such as a wireless carrier or a provider of mobile platform services. Your use of these third-party services may be governed by their own policies, terms of service, and fees.
You may not copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with our software, in whole or in part, or create any derivative works from or of the Software, and you will not encourage, assist, or authorise any other person to do so.
We may offer automatic or manual updates to the Software at any time and without prior notice to you in order to keep it current.
Please carefully read these terms and conditions before placing an order with any of the Sellers on the Site. These conditions constitute your agreement to be bound by them.
This section discusses the terms and conditions governing the sale of products or services through the Site.
Your order to the seller constitutes a legally binding offer to purchase the product or service displayed on our Site. When you place an order for a product, any confirmations or status updates received prior to the dispatch of your order serve solely to validate the order details provided and in no way imply the order's confirmation. When the product is dispatched to you, the acceptance of your order is considered confirmed. If your order is split into multiple packages, you may receive multiple dispatch confirmations. When you place an order, we indicate an approximate timeline for processing your order; however, we cannot guarantee that this timeline will be strictly adhered to in all instances, as we rely on third-party service providers to uphold this commitment. We pledge to you that we will make every reasonable effort to meet the indicative timeline. All commercial/contractual terms are exclusively offered and agreed upon by you and the sellers. Commercial/contractual terms include, but are not limited to, the price, shipping costs, payment methods, payment terms, date, period, and mode of delivery, product and service warranties, and after-sales service for products and services. Epart exercises no control over, makes no recommendations regarding, or is otherwise involved in the offering or acceptance of such commercial/contractual terms between you and the Sellers. Prior to dispatch, the seller reserves the right to cancel any order at its sole discretion. We will ensure that you are notified of the cancellation in a timely manner via email or WhatsApp. Prepayments made in the event of such cancellation(s) will be refunded to you within the time periods specified here.
You confirm that you are purchasing the product(s) or service(s) ordered for internal/personal consumption and not for commercial resale. You authorise us to make declarations and provide declarations on your behalf to any governmental authority stating the aforesaid purpose for your purchases on the Site. The Seller or the Site reserves the right to cancel an order if the quantities ordered exceed the Seller's or the Site's typical individual consumption. This applies both to the number of products ordered in a single order and to place multiple orders for the same product in quantities that exceed the typical individual consumption. What constitutes a typical individual's consumption quantity limit shall be determined by a variety of factors and at the Seller's or our sole discretion, and may vary from person to person.
You may cancel your order at any time prior to the item being dispatched.
Please keep in mind that we only sell products in quantities sufficient to meet the typical needs of an average household. This is true for both the number of products ordered in a single order and the number of products ordered in multiple orders for the same product when the individual orders total a quantity typical for a typical household.
Please refer to our Return Policy for more information.
All prices are in Rupees and include all applicable taxes. They are listed on the Site by the seller of the product or service. The price of items in your Shopping Cart will always be the most recent price displayed on the product detail page for the item. Please keep in mind that this price may differ from the price displayed when you first added the item to your cart. Adding an item to your cart does not guarantee the price displayed at the time. Additionally, the price of an item may decrease between the time it is added to your basket and the time it is purchased.
We do not match the prices of items sold by sellers on our Site or on other websites.
We are committed to providing our users with the most accurate pricing information on the Site; however, errors may occur, such as when an item's price is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order without providing a reason. If an item is mispriced, we reserve the right to contact you for instructions or to cancel your order and notify you of the cancellation. We reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed or your prepayment has been processed. If a cancellation occurs on a pre-paid order, our refund policies will apply.
We provide information about the availability of products listed on the Site, including on each product's information page. We cannot be more specific about availability than what is stated on that page or elsewhere on the Site. Please keep in mind that dispatch estimates are just that: estimates. They are not guaranteed delivery dates and should not be taken as such. While we process your order, we will notify you via email or WhatsApp if any of the products you ordered become unavailable.
Please keep in mind that orders may be unable to be processed for a variety of reasons. At any time, the Site reserves the right to refuse or cancel any order for any reason. Before we accept your order, we may require additional verifications or information, including but not limited to your phone number and address.
To avoid credit or debit card fraud, we reserve the right to validate your payment details and the personal information you shared with us prior to providing you with the product. This verification can take the form of an identity check, a residence check, or a check of banking information. In the absence of a response to such an inquiry, the order will be automatically cancelled within a reasonable timeframe. We reserve the right to cancel an order directly if we suspect a risk of fraudulent use of banking instruments or for any other reason, without providing prior notice or incurring any subsequent legal liability.
Securing and Combating Fraud
You agree to pay all fees/costs/charges associated with the purchase of products from the Site, and you agree to bear all applicable taxes under applicable law.
When products or services are listed to be sold on the Site by third parties, we make no representation or warranty regarding the specifics (such as quality, value, saleability, etc.) of the products or services listed to be sold on the Site. We do not support or endorse the sale or purchase of any products or services on the Site, either implicitly or explicitly. We disclaim any liability for errors or omissions made by us or third parties.
We are not liable for any breach or failure to perform under any contract entered into between you and the sellers. We cannot and do not vouch for your or the sellers' actions as they complete transactions on the Site. We are not obligated to mediate or resolve any dispute or disagreement that may arise as a result of transactions on our Site.
We do not acquire title to or any rights or claims over the products or services offered by a seller at any point during any transaction entered into by you with a third party on our Site. As a result, we are under no obligation or liability in connection with the contract(s) entered into between you and the seller (s). We are not liable for unsatisfactory or delayed performance of services, or for damages or delays caused by out-of-stock, unavailable, or back-ordered products.
Pricing on any product(s) or related information as reflected on the Site may be incorrect as published due to a technical issue, typographical error, or other reason, and as a result, you agree that the seller or the Site may cancel your order without prior notice or liability. Any prepayments made for such orders will be refunded to you in accordance with our refund policy.