Introduction

Welcome to Dmall.lk also known here as “we,” “us” or “Dmall.” We are an online marketplace and these are the terms and conditions regulating your access to and use of Dmall along with its associated sub-domains, pages, smartphone applications, resources and software (the “Site”). By accessing the Web, you hereby agree to these terms and conditions (including the details found herein) and reflect that you intend to abide by these terms and conditions (the “User Agreement”). This User Agreement shall be considered to have an effect upon the use of the Site, which implies the approval of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by DilinaBiz (Pvt) Ltd. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.

Your Account

To access the services that the platform provides, we can enable you to create an account with us, or provide personal information to complete the account creation. To access such services provided by the website, we can enable you to create an account with us or provide personally-identifying information to complete account construction. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.

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 any and all activities that occur under your account or password. You authorize Dmall to assume that any person using the Site with your password and user name either is you or is authorized to act for you. You agree to notify Dmall immediately of any unauthorized use of your account or any other breach of security. Dmall will not be liable for any loss that you may incur as a result of someone else using your password or account either with or without your knowledge. However, you could be held liable for losses incurred by Dmall or another party due to someone else using your account or password. Dmall.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 Dmall.lk only with the involvement of a parent or guardian. Dmall and its Partners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Please ensure the information you send to us is both right and accurate. After accessing your account online you are expected to change your account data in real-time. If you are unable to upgrade details by accessing your account on the Web, you must contact us through our communication channels for customer support to assist you with these updates. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.

Application to contract

You accept, recognize and acknowledge that the Web is an online marketplace that allows you to buy items displayed at any time from any location using a payment system of your choosing, at the price specified therein. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the merchandise selling deal on the Web is a purely bipartite arrangement between you and the vendors on our Web when the payment transfer is taking place between you, the service provider and the issuer bank in case of prepayment of cash on arrival and electronic cards. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.

Availability persisted on the site

We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

Take to enter the platform

We require you to confirm that you can form legally binding contracts by accessing the Site, and therefore you confirm that you are at least 18 years old or that you are accessing the Site under the supervision of a parent or legal guardian. Commercial use or usage on behalf of any third party is forbidden, except if specifically allowed in advance by us. If you are registered as a business entity, you reflect that you have the right to tie the entity to this User Agreement, and that you and the business entity will abide by all relevant online trading rules. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Material on this Site is for educational purposes only. Product descriptions like price, stock available, specifications, add-ons and all other information as presented on this Platform are the responsibility of the sellers exhibiting them and are not assured by us to be fully correct. Submissions or opinions expressed on this Site are those of the individual(s) posting such content and may not reflect our opinions.

We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not allow any resale or commercial usage of this Platform or its contents; any compilation and use of any product listings, specifications or prices; any unauthorized use of this Platform or its contents; any download or reproduction of account information to the advantage of another seller; or the use of data processing, machines, or related data collecting and extraction methods.

This Site or any part thereof (including but not limited to any copyrighted content, trademark, or other proprietary information) can not be replicated, duplicated, downloaded, sold, resold, accessed, transmitted or otherwise used for any commercial purpose without our express wrote permission as may be appropriate.

You may not frame or use 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 utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.

You agree and undertake not to carry out the restricted activities listed in this section; undertaking these activities will result in the immediate cancelation of your account, services, reviews, orders or any existing incomplete transaction with us, and may also result in legal action in severe cases:

  • Refusal to comply with the Terms and Conditions described herein or any other guidelines and policies related to the use of the Site as available on the Site at all times.
  • Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Use the Site for illegal purposes.
  • Attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services.
  • Interfere with another’s utilization and enjoyment of the Site;
  • Post, promote or transmit through the Site any prohibited materials as deemed illegal by The People’s Republic of Sri Lanka.
  • Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Site and use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

Product descriptions

Dmall is trying to be as accurate as possible with its Partners. However, Dmall does not warrant accurate, complete, reliable, current, or error-free product descriptions provided by the Vendors or other content of this Site. If a product offered through the Site itself is not described, and you are not satisfied with the purchase, your sole remedy is to return it in its unused condition to the Vendor concerned. 

It would be the responsibility of the Vendor to ensure the merchantability and fitness of the products and services that they offer through the Site for a specific purpose.

Your Conduct

You must not use the Website in any manner that induces, or is likely to cause, disruption, harm or degradation to the Platform or connection to it in any way. You may not participate in practices that can affect or possibly harm the Site, its staff, members, delegates, owners or any other individual directly or indirectly connected with or accessing the Site in any manner to disrupt, destroy or hinder it. You recognize that you and not us are responsible for all electronic messages and information sent to us from your computer and that you only have to use the Platform for legitimate purposes. Usage of the Platform is strictly forbidden.

for 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. to cause annoyance, inconvenience or needless anxiety for any other purposes that is other than what is intended by us.

User submission

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the privileges available to any Request, in conjunction with any critique, feedback, or other material, you also give us the right to use the name you send when submitting comments or reviews to the Site. You shall not use a fake e-mail address, claim to be anyone other than yourself or deceive us or third parties about the sources of any Submissions. We can, but shall not be obliged to, delete or edit any Submissions in this respect without any warning or legal path available to us.

Trademark and copyrights

Dmall.lk, Dmall logo, DilinaBiz, DilinaBiz logo and other marks indicated on our Site are trademarks or registered trademarks in the relevant jurisdiction(s). Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress and may not be used in connection with any product or service that does not belong to us or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks 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 us.

All intellectual property rights, whether licensed or not, on the Web, material contained on the Web and all architecture of the Site, including, but not limited to, text, images, applications, photographs, video, audio, sound, collection, and arrangement thereof, and all compilations of applications, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under Sri Lankai copyright laws and international conventions. All rights are reserved.

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 Dmall or its Partners on an “as is” and “as available” basis, unless otherwise specified in writing. Dmall 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, Dmall and its Partners disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dmall 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. Dmall 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.

Losses

We shall not be liable for any commercial or personal loss (including, but not limited to, loss of income, sales, contracts, expected savings, records, goodwill or wasted expenditure) or any other indirect or consequential loss not equally foreseeable to both you and us when you start using the Web.

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 Dmall 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.

Conditions of sale (sales between sellers and customers)

The contract

Your order is a legitimate request to the vendor to purchase the goods or services seen on our Platform. When you submit an order to buy a product, any confirmations or status reports issued prior to the dispatch of the order function solely to clarify the specifics of the order given and do not in any way mean that the order is confirmed. The acceptance of your order is considered confirmed when the product is dispatched to you. If your order is dispatched in more than one package, you may receive separate dispatch confirmations. When submitting the order, we suggest an estimated timetable that will involve the execution of the request, but we can not promise that this timeframe is purely correct in any case as we rely on third-party service providers to sustain this obligation. We commit to you to make every reasonable effort to ensure that the indicative timeline is met. All commercial/contractual terms are offered by and agreed to between you and the sellers alone. Commercial/contractual terms include premiums, postage charges, payment systems, payment forms, location, time and manner of distribution, guarantees relating to goods and services and after-sales services relating to products and services, without restriction. Dmall has no control, does not determine or advise, or in any way involves himself in offering or accepting such terms of trade/contract between you and the Sellers. The seller reserves the right to cancel any order before dispatch at its sole discretion. We will ensure that there is a timely intimation to you of such cancellation via an email or SMS. 

Pricing

The list price displayed for products on our website may or may not represent the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The list price may or may not represent the prevailing price in every area on any particular day. Where an item is offered for sale by one of our Vendors, the list price may be decided by Dmall and the Vendors at their discretion. 

With respect to items sold through the Site, we cannot confirm the price of an item until you have ordered; however, we do NOT charge your credit card until after your order has entered the delivery process. Despite our best efforts, a small number of the items in our catalog may be incorrectly priced. If an item’s actual price is higher than our stated price, we will, at our discretion, contact you for further instructions, before delivery or cancellation of your order and notify you of such cancellation. 

Please note that this policy applies only to products sold and delivered through the Site. With regard to your purchases from third-party sellers using the Site the third party sellers may follow different policies in the event of an incorrectly priced item. Unless otherwise specified all prices shall be listed in Sri Lankan Rupees (LKR).

Reselling Dmall products

Reselling Dmall products for business purpose is strictly prohibited. If any unauthorized personnel is found committing the above act, legal action may be taken against him/her.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from the Site and you agree to bear any and all applicable taxes as per prevailing law.

Representations and warranties

We offer no reference or guarantee as to the particulars (such as quality, pricing, saleability, etc.) of the goods or services offered for the market on the Web when third parties sell the products or services. We may not indirectly or directly promote or approve the selling or buying of any of the Site’s goods or services. We accept no liability for any errors or omissions, whether on behalf of itself or third parties.

We are not responsible for any failure to execute or violation of any deal signed between you and the sellers. We can not and do not promise your conduct or those of the sellers when purchases are completed on the Web. We are not allowed to mediate or settle any conflict or controversy resulting from our Site transactions.

We may not acquire ownership or have any rights or privileges over the goods or services provided by a vendor at any point during any transaction that you have entered into with a third party on our Platform. Therefore, we have no commitments or liability entered into between you and the seller(s) in respect of those contracts. We are not liable for unsatisfactory or unreliable delivery results or for losses or defects arising from goods that are out of stock, unavailable, or back-ordered.

Pricing on any product(s) or related details as expressed on the Web may, for the reason of any technical problem, typographical error or other cause, be inaccurate as reported and, as a consequence, you consent that in such circumstances the vendor or the Platform can cancel your order without advance warning or any subsequent liability. Any prepayments made for such orders will be refunded to you per our refund policy as stipulated.

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