1.         Terms of Use 

1.1        Welcome to Deshifest.com. Deshifest Limited (“Deshifest”) provides access to the Deshifest.com website or the mobile application/app or any other media (“Website”) to you subject to the terms and conditions (“Terms”) set out on this page. By using the Website, you, a registered or guest user in terms of the eligibility criteria set out herein (“User”) agree to be bound by the Terms. Please read them carefully as your continued usage of the Website, you signify your agreement to be bound by these Terms. If you do not want to be bound by the Terms, you must not subscribe to or use the Website or our services. 

1.2        By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Deshifest Policies (including but not limited to the Privacy Policy available at https://deshifest.com/privacy-policy-2/ as amended from time to time. 

1.3        In these Terms references to “you”, and “User” shall mean the end-user/customer accessing the Website, its contents, and using the Services offered through the Website. References to the “Website”, “Deshifest”, “Deshifest.com”, “we”, “us”, and “our” shall mean the Website and/or Deshifest Limited. 

1.4        The contents set out herein form an electronic record in terms of তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ (Information & Communication Technology Act, 2006) and rules there under as applicable and as amended from time to time. As such, this document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User. 

1.5        The Website is operated by Deshifest Limited., a company incorporated under the laws of Bangladesh having its registered office at 165 DIT Extension Road, Fakirapool, Dhaka, Bangladesh. All references to the Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal. 

1.6        This Website may also contain links to other websites, which are not operated by Deshifest, and Deshifest has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site. 

1.7        We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website. By continuing to use the Website after we post any such changes, you accept the Terms as modified. 

1.8        These Terms will continue to apply until terminated by either You or Deshifest in accordance with the terms set out below: 

1.9        The agreement with Deshifest can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such an option has been made available to You. 

1.10      Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination/expiry of this agreement. 

2.         Eligibility 

2.1        Use of the Website is available only to such persons who can legally contract under the Contract Act, 1872. 

2.2        If you are a minor i.e. under the age of 18 years, you shall not register as a user of Deshifest.com and shall not transact on or use the Website. As a minor, if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website. Deshifest reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is brought to Deshifest’s notice or if it is discovered that you are under the age of 18 years. 

2.3        By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older, and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws. 

2.4        The usage of the Services offered through the Website/ App is only available if the address of the User to which the product(s) is/ are to be delivered is within Dhaka, Cattogram & Jashore Bangladesh; Deshifest is serving with 1 Hour Delivery Service. Subject to the above, if the user specifies a convenient (preferred slot) time and Deshifest will send the products during that time. However, where delivery times and dates are given, they are for general guidance only and we will not be held liable for late delivery of goods caused by circumstances beyond our reasonable control.

3.         Communication 

3.1        When you use Deshifest.com or contact us via phone or email, you consent to receive communication from us. You authorize us to communicate with you by e-mail, SMS, phone call, or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional, and/or commercial messages), from us with respect to your use of the website and/or your order placed on the Website.  Additionally, any disclosures posted on the site or sent to you by email fulfill the legal obligation of communication made in writing. 

4.         Your Account and Responsibilities 

4.1        Any person may access the Website either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website. 

4.2        If you wish to register your account with the Website, you shall be required to create an account by registering with a valid Bangladeshi mobile number and/or with your Facebook account or your email address or by filling in the details prescribed on the Website registration form. You will then receive a password or one-time PIN with which you can log in to the website to place orders. 

4.3        If you use the website, you will be responsible for maintaining the confidentiality of your username and password and you will be responsible for all activities that occur under your username and you will be under the obligation to restrict access to your computer or mobile phone to prevent unauthorized access to your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we have the right to suspend or terminate your membership on the website. 

4.4        The Website may be inaccessible for such purposes as it may, at its sole discretion deem necessary, including but not limited to regular maintenance. However, under no circumstances will Deshifest be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against Deshifest in this regard 

4.5        Deshifest as a platform does not support or encourage multiple accounts owned by a single user even with different mobile numbers & reserves the right to restrict, deactivate or disable any account that might fall under any sort of abuse of the service.

5.         Charges 

5.1        Membership on the website is free for users. Deshifest does not charge any fee for browsing and buying on the website. Deshifest reserves the right to change its fee policy from time to time. In particular, Deshifest may at its sole discretion introduce new services and modify some or all of the existing services offered on the website. In such an event, Deshifest reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy will be posted on the website and such changes will automatically become effective immediately after they are posted on the website. 

6.         Copyright 

6.1        The material (including the content, and any other content, software, or services) contained on Deshifest.com are the property of Deshifest Limited, its subsidiaries, affiliates, and/or third-party licensors. No material on this site may be copied, reproduced, republished, installed, posted, transmitted, stored, or distributed without written permission from Deshifest Limited. 

6.2        You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity. 

7.         Cookies 

7.1        This site uses cookies, which means that you must have cookies enabled on your computer in order for all functionality on this site to work properly. A cookie is a small data file that is written to your hard drive when you visit certain Web sites. Cookie files contain certain information, such as a random number user ID that the site assigns to a visitor to track the pages visited. A cookie cannot read data off your hard disk or read cookie files created by other sites. Cookies, by themselves, cannot be used to find out the identity of any user. 

8.         Promotional Activity 

8.1        To promote its services Deshifest uses various advertisements and commercials which are truthful and are not deceptive or unfair to the best of our knowledge and belief. Every user is under the obligation to go through the relevant information contained on the Website before using the service and it will be assumed that each user is aware of every piece of information provided on the Website. Images of products on the Website are for and by reference only and the actual product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end to the fullest extent permitted by law. 

8.2        Any short-term or long-term promotional activity or offer(s) are by default valid for a single order within the offered time frame under any specific account on Deshifest.com. Any repetitive or suspicious or abusive practice during any offer or promotion might result from a canceled order & Deshifest reserves the right to do so to protect the rights & benefits of other users. An account that tends to abuse any offer by any means on the platform can also get terminated to maintain hygiene factors on the platform. The automated abuse detection technology that Deshifest has can be also enforced at any time without any sort of prior notice.

8.3        Discount code(s) offered to any/all segment of the customer(s) through different marketing channels might get disabled or extended by the authority at any time without any prior notice. The modality can also be changed to accommodate with price changes or fluctuation & intense uses of the same by the user base to protect against any sort of abuse or suspective uses.

8.4        Deshifest may at any time in its sole and absolute discretion withdraw, amend and/or alter any applicable terms and conditions of a discount, coupon, deals, offer, or promotions without prior notice.

8.5        Deshifest may at any time in its sole and absolute discretion, exclude, void, discontinue or disqualify User from any discount, coupon, deals, offer or promotions without prior notice.

9.         The Contract 

9.1        Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail and/or SMS to your mobile phone number confirming receipt of your order and/or containing the details of your order (the “Order Confirmation E-mail and/or SMS”). The Order Confirmation E-mail and/or SMS is an acknowledgment that we have received your order, but does not confirm acceptance of your offer to buy the product(s) ordered; when we send the Order Confirmation E-mail and/or SMS a contract called an “agreement to sell” is concluded in accordance with Section 4(3) of the Sale of Goods Act, 1930 i.e. the transfer of the property in the goods is to take place at a future time when the product(s) is/are delivered to your designated address. We only accept your offer, and the above “agreement to sell” becomes a contract of sale for the product(s) ordered by you in accordance with Section 4(4) of the Sale of Goods Act, 1930, when the product(s) is/are delivered to your designated address and at that time the property in the goods is transferred from us to you. 

9.2        You can cancel your order for a product at no cost any time before the goods are delivered to you. 

9.3        Please note that we sell products only in quantities that correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household. 

10.        Product Descriptions 

10.1        Deshifest attempts to be as accurate as possible. Deshifest does not manufacture or produce any product by itself. Therefore, Deshifest does not warrant those product descriptions or other content of any Deshifest product is accurate, complete, reliable, current, or error-free. If a product offered by Deshifest itself is not as described, your sole remedy is to return it in unused condition. 

11.        Pricing 

11.1        Except where noted otherwise, the list price or suggested price displayed for products on Deshifest represents 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 or suggested price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. 

11.2        Despite our best efforts, a small number of the items in our catalog may be different/ mispriced due to technical or human error. If the MRP of an item sold by Deshifest is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. 

11.3        On the other hand, if the MRP on the product is lower than Deshifest, we will, upon informing us either refund the amount or replace the product according to your preference.

12.        Return Policy 

12.1        A user may return any product during the time of delivery, or within 7 days if: 

a) The product does not meet the user’s expectations. 

b)        Found damaged during delivery 

c)        Have doubt about the product quality and quantity 

d)        Received in an unhealthy/ unexpected condition 

e)        Is not satisfied with the packaging 

f)         Finds product unusable 
           
For perishable products such as milk, fruits, and fresh vegetables, we have a one (1) day return policy. But only for Mango, we have a (3) day return policy.

We are continuously monitoring accounts of customers with excessive requests for returns and refunds. We take the necessary steps to prevent this. 

12.2    A user may return any unopened or defective up to 10% or less, item within 7 days of receiving the item. But the following products may not be eligible for return or replacement: 

a)       Face Mask, Disposable Vinyl Gloves, Alcohol Pads, and Covid Testing Kits opened or unopened

b)      Damages due to misuse of the product 

c)       Incidental damage due to malfunctioning product 

d)       Any consumable item which has been used/installed 

e)       Products with tampered or missing serial/UPC numbers 

f)        Any damage/defect which is not covered under the manufacturer’s warranty 

g)       Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered. 

13.        Refund Policy

13.1      Deshifest tries its best to serve the users. But if under any circumstances, we fail to fulfill our commitment or to provide the service, we will notify you within 24 hours via phone/ text/ email. If the service, that Deshifest fails to complete, requires any refund, it must be done maximum within 10 Days after our acknowledgment.

13.2     Refund requests will be processed under the mentioned situation:

– Unable to serve with any product.

– Customer returns any product from a paid order.

– Customer cancels a paid order before it has been dispatched.

For all the above three scenarios, the refund amount will be sent to the Deshifest Balance of the customer. And the balance can only be used to purchase at Deshifest. Upon the customer’s request, Deshifest will transfer the refund amount to the user’s original payment source within 7 days. Refund is only allowed for customers who have paid via bKash or card or other electronic methods. For the orders that are paid via Cash, a refund is only to be given through Deshifest Credits. 

13:3     Refund Deadline – If the refund deadline is exceeded, we cannot process any refund from our end to the customer’s original payment source. The balance can only be used to purchase at Deshifest.

Card Refund – If the customer informs us within 7 days after making the payment, we can process the refund.
bKash Refund – If the customer informs us within 7 days after making the payment, we can process the refund.
Nagad Refund – If the customer informs us within 18 Hours of making the payment, we can process the refund.
 

14.        Supply Policy: 

14.1     Deshifest, itself does not produce or manufacture any product, therefore Deshifest tries to control the quality, but does not give quality assurance for any. We believe the manufacturer/vendor/ supplier is fully capable of assuring the quality of every product. 

14.2      If any user, at the time of receiving the order delivery, finds any product injurious to health/ life/ security, we will take full liability and will accept the return of that product. If the user faces any threat after 12 hours of the provided delivery, we will consider it as lacking quality assurance from the manufacturers or suppliers. 

14.3      All products displayed on the website/ app are subject to change and subject to availability. 

15.        Modifications 

15.1      Deshifest reserves the right to modify these Terms and Conditions. Such modifications shall be effective immediately upon posting on Deshifest.com. You are responsible for the reviewing such modifications. Your continued access or use of Deshifest.com shall be deemed your acceptance of the modified terms and conditions. 

16.        Deshifest Software Terms 

16.1    Use of the Deshifest Software/Application/App: You may use Deshifest Software/ Application/ App solely for purposes of enabling you to use and enjoy the services as provided by Deshifest,    and as permitted by these Terms. You may not incorporate any portion of the Deshifest Software / Application/ App into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Deshifest Software / Application/ App or otherwise assign any rights to the Deshifest Software / Application/ App in whole or in part. You may not use the Deshifest Software / Application/ App for any illegal purpose. We may cease providing any Deshifest Software / Application/ App and we may terminate your right to use any Deshifest Software / Application/ App at any time. Your rights to use the Deshifest Software / Application/ App will automatically terminate without notice from us if you fail to comply with any of these Terms. All software used in any Deshifest Service is the property of Deshifest and/or its affiliates or its software suppliers and protected by the laws of Bangladesh including but not limited to any other applicable copyright laws. 

16.2    Use of Third Party Services: When you use the Deshifest Software / Application/ App, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of those third parties. 

16.3    No Reverse Engineering: You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Deshifest Software / Application/ App, whether in whole or in part or create any derivative works from or of the Deshifest Software / Application/ App. 

16.4    Updates: In order to keep the Deshifest Software / Application/ App up-to-date, we may offer automatic or manual updates at any time and without notice to you.


17.        Deleting your Deshifest Account

17.1    Customers may terminate their use of Deshifest by deleting the account from the Deshifest App from their used device at all times.

17.2    Your Deshifest account may only be deleted if any of the following conditions are fulfilled and if you have reached a consensus with Deshifest in respect of:

a)        No overdue payments, pending payments, or remaining balance.

b)        No ongoing orders

17.3    Deshifest reserves the right to suspend Customer’s membership or remove Customer permanently in cases where any violation of the Terms, applicable laws or good faith/moral rules by Customer is determined.

17.4    Deshifest has set up a 30 days retention period for account closure in accordance with industry standards, relevant laws, and regulations. Deshifest reserves the right to hold customers’ data during this retention period. After the retention period, customers will not be able to reactivate their old accounts or retrieve their old data.

17.5    When the account deletion procedure is completed (i.e.the retention period ends) all related contractual relationships between the Customer and Deshifest will be terminated. The consequences of account deletion include but are not limited to the following:

a)        The Customer will not be able to use this account to log in to the Deshifest website or app.

b)        The Customer will not be able to perform any operations that require account access.

c)        The Customer will not be able to retrieve the personal information, transaction records and historical information under the account.

17.6    Deshifest will delete your data and immediately stop collecting, storing, and using your personal information and other data, except as otherwise required by applicable laws and regulations or industry standards. For example, Deshifest will retain corresponding invoice data for tax compliance purposes, and keep the transaction information between you and Deshifest to comply with relevant e-commerce laws.


18.        Egg Club

18.1    Membership in the Loyalty Program (hereinafter referred to as “Egg Club”) is free to join and available to any individual who:

a)        possesses the legal authority to agree to the Program Rules;

b)        resides in a jurisdiction that legally permits participation in the Loyalty Program;

c)         is not already a member of the Loyalty Program (i.e., does not already have a Membership Account); and

d)         has not previously been terminated from the Loyalty Program by Deshifest.

18.2     Members are responsible for reading and understanding the Loyalty Program Rules, Account statements, and other communications from Deshifest about the Loyalty Program in order to understand his/ her rights, responsibilities, and status in the Loyalty Program. In case of any questions about the Loyalty Program or the mentioned Program Rules, the Member should contact 16710.

18.3      Your membership is not transferable; you will not be able to transfer, sell or redeem it into cash. 

18.4      If a customer is frequently placing orders from multiple delivery addresses, we reserve the right to audit a Member’s account and records without notice to the Member to check for compliance with these Terms and Conditions, any Partner’s terms and conditions and any other applicable rules, regulations or terms and conditions.

18.5       Egg Club has three (3) Membership Tiers: Bronze, Silver, and Gold. 
Your Membership Tier status determines the benefits you will receive from Deshifest. 
New members join Egg Club with no Membership Tier.

18.6      You will progress to a higher Membership Tier if you fulfill monthly expenditure targets. Deshifest will upgrade your Membership Tier immediately if you meet either of the renewal requirements for your Membership Tier. A New Tier expiry date will be given.

a)          The first renewal requirement is based on your last month’s expenditure.

b)          You will retain your current tier if your monthly expenditure is equal to the requirement of the current tier.

18.7      Once your Membership Tier is renewed/ leveled up, it will be valid for the remaining days of that month and the next month. Should the Member fail to retain his or her existing Membership Tier, he or she shall be downgraded based on the month’s expenditure.

18.8      Deshifest reserves the right to temporarily suspend or terminate your membership if fraudulent activities, a violation of the Law of Bangladesh, or the rights of anyone else in the Loyalty Program is found.

18.9      Deshifest is committed to protecting your privacy and complying with the applicable data protection and privacy laws of Bangladesh.

19.        Referral Program

19.1       Referrers/ Inviters can be any type of Deshifest user who;

(a)          is a legal resident of Bangladesh,

(b)          is of the age not less than 18 years, and

(c)           has a Deshifest account in good standing.

However, they cannot have more than one account for each Deshifest product or service.

19.2       To receive a Referral Reward for referring someone who orders services through the Deshifest app and/or websites, Referee/ Invitee must;

(a)          be a new Deshifest user of that service,

(b)          meet the conditions Deshifest has for using the app, and

(c)          complete the actions required by the specific Referral Program (purely for example purposes, order groceries through the Deshifest app or any other action as applicable).

19.3       If you are Referrers/ Inviters you may receive your Referral Reward a minimum 7 days after your Referee/ Invitee uses your code to sign up with Deshifest and/or to activate the referral offer, and completes the requirements for the particular Referral Reward (such as completing orders with minimum amount).

19.4       If you are a Referee /invitee you may get a discount for the first time you use the Deshifest applications and/or websites. The amount and form of the discount will be shown in their invitation.

19.5       The Referral Rewards will be provided in the form of Deshifest credits that are non-transferable, have no value in cash and may expire after a specific time period.

19.6       Deshifest reserves the right to change, amend, end, or pause, completely or partially, any Referral Program as well as any Referrer/ Inviter’s or Referee/ Invitee’s ability to participate in any Referral Program or receive Referral Rewards at any time for any reason, including suspected fraudulent (including by either the Referrer/ Inviter and/or Referee/ Invitee), abuse, or any violation of these Rules as well as any agreement (if one exists) between you and Deshifest or any of its subsidiaries and affiliates. If Deshifest ends the Referral Program, any unused or unredeemed Referral Rewards may be forfeited at that time, provided we give you 14 days of notice to use or redeem your Referral Rewards.

19.7       Deshifest may update (amend or dismiss) these Rules at any time. If Deshifest makes an update, Deshifest will post the update on the Deshifest.com website and applications and provide you with notice of the update. Continued participation in any Referral Program after any update made and posted by Deshifest will mean that you have agreed to the update.


20.        Handling Fee

20.1      Handling Fee is a kind of service charge, i.e. an extra amount charged for the products those require additional efforts from Deshifest to source, store and deliver.

20.2      Handling Fee is exclusive of delivery charge.

20.3      Products those have the possibility of getting damaged for various reasons and/ or require extra effort to deliver, will have a handling fee added to them.

20.4      For the product that has a handling fee in case of return or refund we will be refunding the whole amount including the handling fee.