Buyer Protection Money Back Guarantee” or “Basic Buyer Protection” Rules, Terms & Conditions (the “Official Rules”)
These
Terms & Conditions apply to the “Buyer Protection Money Back
Guarantee” or “Basic Buyer Protection” in Bath Best Food LTD (the “Buyer
Protection”).
1. Promoter: the contracting party determined in accordance with the section “1.1 Contracting Party” of the perfectomarket.com Transaction Services Agreement (“Bath Best Food LTD” or the “Promoter”).
2.
Eligible Member: You must be a registered member of Bath Best Food LTD
with a valid account and have successfully made and completed a purchase
of goods and/or services on Bath Best Food LTD.
3. Buyer
Protection Period: the number of days (appearing/confirmed on the
product listing page at the time when the Eligible Member completed the
purchase from the seller on Bath Best Food LTD) which the seller
guarantees the Eligible Member that it would receive the goods and/or
services ordered from the seller, start counting from the day the
Eligible Member completes such purchase on Bath Best Food LTD.
4. Rules:
a.
If the Eligible Member does not receive the goods and/or services
within Buyer Protection Period or receives goods and/or services that
are sub-standard in its view, the Eligible Member may initiate the
dispute procedures as stipulated in Bath Best Food LTD under “Disputes
and Reports” to report this incident (“Dispute Procedures”) to Bath Best
Food LTD.
b. During the Dispute Procedures, Bath Best Food LTD
will investigate this incident considering (but not limited to) the
following factors:
i. Whether goods and/or services received by
the Eligible Member are damaged, defective, or are substantially
different from what has been presented or described on the product
listing page;
ii. Whether the non-arrival of goods and/or services to the Eligible Member is due to factors beyond its control;
iii.
Whether the non-arrival of goods and/or services to the Eligible Member
is due to error or miscommunication on the part of the Eligible Member
(eg providing incorrect shipping address etc); or
iv. Whether the
goods and/or services are returned to the seller due to such goods
and/or services not being able to clear customs.
c. Bath Best
Food LTD may ask the Eligible Member for relevant information,
documentation, records and/or other evidence to support Eligible
Member’s claim.
d. After the Dispute Procedures, Bath Best Food
LTD will make a determination (which is final and not subject to
appeal). If the determination is in favor of the Eligible Member,
subject to the terms of the Official Rules (including but not limited to
the force majeure clause below), the Eligible Member will be eligible
for a refund within 15 days after the completion of the Dispute
Procedures. Such refund will be generally credited to the same means of
payment used by the Eligible Member when placing the affected order on
Bath Best Food LTD, unless the parties have agreed on some other means
and subject to the relevant technical constraints.
5. General Rules:
a. By participating in this Buyer Protection, you agree to be bound by these Official Rules.
b.
Any fraud and/or abuse by you (as determined by the Promoter at its
sole discretion) will result in forfeiture of your eligibility to this
Buyer Protection and/or rights under these Official Rules.
c.
Bath Best Food LTD is not responsible for any late, lost, delayed,
incomplete, illegible, misdirected or undeliverable entries, responses,
or other correspondence, whether by e-mail or otherwise.
d. The
eligibility to this Buyer Protection shall be determined by Bath Best
Food LTD at their sole discretion based on the Promoter’s record. If
there is any discrepancy between the record of transaction held by you
and that held by the Promoter, the Promoter’s record shall be conclusive
and binding on you.
e. Bath Best Food LTD reserves the right to
amend these Official Rules without prior notice. In the event of
disputes, the decision of the Promoter shall be final and binding.
f.
Bath Best Food LTD reserves the right and absolute discretion to cancel
or revoke anyone’s right to participate in this Buyer Protection.
6.
Force Majeure: Under no circumstances shall Bath Best Food LTD be held
liable to the Eligible Member for this Buyer Protection or any rights
under these Official Rules due to or resulting directly or indirectly
from acts of nature, forces or causes beyond the reasonable control of
Bath Best Food LTD or the relevant seller, including without limitation,
Internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials,
fires, flood, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, or
non-performance of third parties or any suspension or disruption of
transportation or business operation (including but not limited to
delays or disruption of the resumption of work or operation ordered by
any government agency) in the event of a national or regional spread of
epidemic or pandemic.
7. Conflict of Terms and Conditions:
a.
In case of any discrepancy in the content between the English and other
non-English language versions of these Official Rules, the English
version shall prevail.
b. In the event that any of the terms
under these Official Rules conflict with rules and/or any such related
information displayed elsewhere on Bath Best Food LTD, the terms under
these Official Rules shall prevail. The perfectomarket.com Transaction Services Agreement shall prevail and complement these Rules.
8.
Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
THE PROMOTER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS
OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH
YOUR PARTICIPATION IN THIS BUYER PROTECTION, WHETHER SUCH LIABILITY
ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.
Disputes: You acknowledge and agree that the Promoter or any of its
affiliates shall not be responsible, and shall have no liability to the
Eligible Member or anyone else for any dispute or claim that arises out
of your participation in this Buyer Protection.
10. Governing Law
and Dispute Resolution: You agree that this Buyer Protection is
governed, interpreted and enforced by the laws of United Kingdom,
without regard to its conflict of laws principles. Any and all legal
actions, claims or proceedings arising out of, or in connection with
these Official Rules must be finally resolved as stipulated in the perfectomarket.com Transaction Services Agreement, except as otherwise stipulated under applicable law.
11. In order for it to be admissible, Bath Best Foot LTD must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
12. All our contractual relations will be governed exclusively by United Kingdom law.