The ownership of this website, www.rickshawnepal.com, (hereinafter Website) is held: RICKSHAW EXPORT IMPORT PVT. LTD., provided with  PAN NO 606740485 and registered office Kathmandu Metropolitan City, ward no-7 Chabiel, 44600, Nepal; and their registry data: registered with Office of the Company Registrar, Register no- 187374/074/075, are and whose contact data are: info@rickshawnepal.com.

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.rickshawnepal.com) and the purchase or acquisition of products and / or services there (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity RICKSHAW EXPORT IMPORT PVT. LTD. carried out through www.rickshawnepal.com includes:

In addition to reading these Conditions, before accessing, browsing and / or using www.rickshawnepal.com, the User must have read the Legal Notice and the General Conditions of Use, including, the cookies policy, and the privacy policy and data protection of www.rickshawnepal.com.

By using www.rickshawnepal.com or making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Conditions and all of the above, so if you do not agree with everything, you must not use www.rickshawnepal.com.

Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses www.rickshawnepal.com, since those that are in force at the moment in which the acquisition of products and / or services are requested will apply.

For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.

THE USER

The access, navigation and use of the www.rickshawnepal.com confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), which is why they are accepted, since the navigation of the www.rickshawnepal.com begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

The User assumes responsibility for the correct use of the www.rickshawnepal.com. This responsibility will extend to:

• Make use of www.rickshawnepal.com only to make inquiries and purchases or purchases legally valid.

• Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.

• Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and have the legal capacity to enter into contracts through www.rickshawnepal.com.

The User may formalize, at his / her option, the contract for the sale of the desired products and / or services in any of the languages ​​in which these Conditions are available on www.rickshawnepal.com.

PURCHASE OR ACQUISITION PROCESS

Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that they have received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent. In your case, this information may also be made available to the User through your personal space of connection to www.rickshawnepal.com.

Once the purchase procedure has been completed, the User consents that www.rickshawnepal.com generates an electronic invoice that will be sent to the User via email. And, in your case, through your personal space of connection to www.rickshawnepal.com. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it using the contact spaces of www.rickshawnepal.com or through the contact information provided above.

The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of www.rickshawnepal.com, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and /  cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, RICKSHAW EXPORT IMPORT PVT. LTD. is not the manufacturer of the products sold or that could be marketed on www.rickshawnepal.com. While RICKSHAW EXPORT IMPORT PVT. LTD. makes great efforts so that the information shown on the www.rickshawnepal.com is correct, sometimes the packaging and / or the materials and / or the components of the products may contain additional or different information from the one that appears on www.rickshawnepal.com. Therefore, the User must not only consider the information provided by www.rickshawnepal.com, but also the information available on the labeling, warnings and / or instructions accompanying the product.

The communications, purchase orders and payments that intervene during the transactions made on www.rickshawnepal.com may be archived and kept in the computerized records of  RICKSHAW EXPORT IMPORT PVT. LTD. in order to constitute a means of proof of transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force in this respect that are applicable, and particularly in compliance with the LOPD and the rights that assist the Users in accordance with the privacy policy of www.rickshawnepal.com (Legal Notice and General Conditions of Use).

AVAILABILITY

All purchase orders received through www.rickshawnepal.com are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties in the supply of products or there are no products left in stock,

RICKSHAW EXPORT IMPORT PVT. LTD. undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases in which the rendering of a service becomes unrealizable.

PRICES AND PAYMENT

The prices displayed on www.rickshawnepal.com are the final ones, in Dollars (USD) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.

In no case will www.rickshawnepal.com add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

The means of payment accepted will be: Credit or debit card, and Bank transfer.

Credit cards will be subject to checks and authorizations by the bank issuing the same, if the said entity does not authorize payment, RICKSHAW EXPORT IMPORT PVT. LTD. will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.

Once the purchase order is received by RICKSHAW EXPORT IMPORT PVT. LTD. by the User through www.rickshawnepal.com, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the time when the User has sent the confirmation of delivery and / or the confirmation of the service provided in the form and, where appropriate, established place.

In any case, by clicking on “PLACE ORDER” the User confirms that the payment method used is his or that, in his case, he is the legitimate holder of the gift card or the credit card.

Purchase or purchase orders in which the User selects as a means of payment the bank transfer will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the system of payments used by for www.rickshawnepal.com. When the system receives the transfer, the order will be prepared and managed for shipment.

Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, RICKSHAW EXPORT IMPORT PVT. LTD. can not validate the order, which will be canceled.

DELIVERY

Except in those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on www.rickshawnepal.com, the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason, which was attributable to RICKSHAW EXPORT IMPORT PVT. LTD. could not comply with the delivery date, RICKSHAW EXPORT IMPORT PVT. LTD. will contact the User to inform him of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the Full refund of the price paid. In any case, home deliveries are made on weekdays.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact us to arrange delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to RICKSHAW EXPORT IMPORT PVT. LTD. , it will be understood that the User wishes to withdraw from the contract and this will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User’s own choice of a delivery method different from the less expensive mode of ordinary delivery offered by  www.rickshawnepal.com, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.

The risks that the products could cause will belong to the User from the moment of delivery. The User acquires ownership of the products when RICKSHAW EXPORT IMPORT PVT. LTD. receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a later time upon full receipt of the amount to be paid to RICKSHAW EXPORT IMPORT PVT. LTD.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.

TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on www.rickshawnepal.com, he may modify them by contacting through the contact spaces enabled in www.rickshawnepal.com, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal space of connection to www.rickshawnepal.com.

In any case, the User, before clicking on “PLACE ORDER”, has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in the Organic Law 15/1999, of December 13, of Data Protection of Personal character.

RETURNS

In cases where the User purchases products on or through www.rickshawnepal.com, they are assisted by a series of rights, as listed and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on www.rickshawnepal.com and, therefore, has the right to desist from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by RICKSHAW EXPORT IMPORT PVT. LTD., other than the carrier, acquired the material possession of the goods acquired on www.rickshawnepal.com or if the goods that make up your order are delivered separately, at 14 calendar days from the day that the User or a third party authorized by RICKSHAW EXPORT IMPORT PVT. LTD., other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.

To exercise this right of withdrawal, the User must notify his decision to RICKSHAW EXPORT IMPORT PVT. LTD. You may do so, where appropriate, through the contact spaces enabled on www.rickshawnepal.com or through: info@rickshawnepal.com.

The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. In any case, the User may use the withdrawal form model that he makes available as part of these Conditions, however, its use is not mandatory.

To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.

In case of withdrawal, the User will be reimbursed for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a different mode of delivery to the less expensive mode offered on www.rickshawnepal.com) without any delay undue and, in any case, no later than 14 calendar days from the date on which it is informed of the decision to desist by the User.

RICKSHAW EXPORT IMPORT PVT. LTD. will reimburse the User using the same payment method used by him to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, RICKSHAW EXPORT IMPORT PVT. LTD. may withhold the said reimbursement until he has received the products or items of the purchase, or until the User submits proof of the return of the same, depending on which condition is met first.

The User may return or send the products to: 138, Uddan Marg, Phulbari Chowk, Boudha, Kathmandu, Nepal, 44600.

And RICKSHAW EXPORT IMPORT PVT. LTD. must do so without undue delay and, in any case, no later than within 14 calendar days from the date RICKSHAW EXPORT IMPORT PVT. LTD. were informed of the decision to withdraw.

The User acknowledges that they must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Enunciatively, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as sealed at the factory; products that for health or hygiene reasons are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on www.rickshawnepal.com is governed, since this same Law establishes that the Right of withdrawal will not attend Users when the provision of the service has been fully executed, or when it has begun. RICKSHAW EXPORT IMPORT PVT. LTD., with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by him, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

Return of defective products or error in shipping

These are all cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and therefore, should contact immediately and to let RICKSHAW EXPORT IMPORT PVT. LTD. know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, if applicable, the replacement thereof.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is applicable.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times will always be for the User, as consumer and user.

Guarantee

The User, as consumer and user, has guarantees about the products that can be purchased through www.rickshawnepal.com, under the terms legally established for each type of product, responding RICKSHAW EXPORT IMPORT PVT. LTD., therefore, for the lack of conformity of the same, that manifests within two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract, provided that:

-they conform to the description made by RICKSHAW EXPORT IMPORT PVT. LTD. and possess the qualities presented in www.rickshawnepal.com;

-are suitable for the uses to which products of the same type are ordinarily destined;

-present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, this must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on www.rickshawnepal.com may present nonhomogeneous characteristics as long as they derive from the type of material with which they were manufactured, and that therefore will be part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could happen that the User acquires a product of a brand or manufacturing by a third party on www.rickshawnepal.com. In this case, and the User considering that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.

DISCLAIMER OF LIABILITY

Unless otherwise provided by law, RICKSHAW EXPORT IMPORT PVT. LTD. will not accept any responsibility for the following losses, regardless of their origin:

-Any losses that were not attributable to any breach on RICKSHAW EXPORT IMPORT PVT. LTD. part.

-Business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).

Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, it also limits its responsibility in the following cases:

RICKSHAW EXPORT IMPORT PVT. LTD. applies all measures concerning to provide a faithful display of the product on www.rickshawnepal.com, however RICKSHAW EXPORT IMPORT PVT. LTD. is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or other than this kind.

RICKSHAW EXPORT IMPORT PVT. LTD. will act with the utmost diligence to make available to the company in charge of transporting the product of the purchase order. However, RICKSHAW EXPORT IMPORT PVT. LTD. is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.

Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of www.rickshawnepal.com for maintenance or other reasons, which prevents the availability of the service, RICKSHAW EXPORT IMPORT PVT. LTD. puts all the means at its disposal for the purpose of carrying out the process of purchase, payment / delivery of the products, nevertheless disclaims liability for reasons that are not attributable to RICKSHAW EXPORT IMPORT PVT. LTD., fortuitous event or force majeure.

RICKSHAW EXPORT IMPORT PVT. LTD. will not be responsible for the misuse and / or wear of the products that have been used by the user. At the same time, neither will RICKSHAW EXPORT IMPORT PVT. LTD. be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

In general, RICKSHAW EXPORT IMPORT PVT. LTD. will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond RICKSHAW EXPORT IMPORT PVT. LTD. reasonable control, that is to say, that they are due to force majeure, and this may include, but not limited to:

• Strikes, lockouts or other industrial action.

• Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

• Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.

• Inability to use public or private telecommunication systems.

• Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event.

RICKSHAW EXPORT IMPORT PVT. LTD. will put all reasonable means to find a solution that allows to fulfill the obligations despite the cause of force majeure.

WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using www.rickshawnepal.com, the User accepts that most of the communications withRICKSHAW EXPORT IMPORT PVT. LTD. will be electronic (email or notices published on the www.rickshawnepal.com).

For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications sent electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with RICKSHAW EXPORT IMPORT PVT. LTD. through the contact data provided in these Conditions and, where appropriate, through the contact spaces of www.rickshawnepal.com.

Likewise, unless otherwise stipulated by RICKSHAW EXPORT IMPORT PVT. LTD., RICKSHAW EXPORT IMPORT PVT. LTD. may contact and / or notify the User in the email or at the postal address provided.

RESIGNATION

No waiver  from RICKSHAW EXPORT IMPORT PVT. LTD. of a right or specific legal action or lack of requirement for the strict compliance by the User of any of its obligations will result, or a waiver of other rights or actions arising from a contract or the Conditions, or exonerate the User of compliance with their obligations.

No waiver from RICKSHAW EXPORT IMPORT PVT. LTD. of any of these Conditions or the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and RICKSHAW EXPORT IMPORT PVT. LTD. in relation to the object of purchase and replace any other agreement, or previous promise agreed verbally or in writing by the same parts.

The User and RICKSHAW EXPORT IMPORT PVT. LTD. acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.

DATA PROTECTION

The information or personal data that the User provides in the course of a transaction on the www.rickshawnepal.com, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the www.rickshawnepal.com, the User consents to the processing of said information and data and declares that all the information or data provided is true.

APPLICABLE LEGISLATION AND JURISDICTION

The access, navigation and / or use of www.rickshawnepal.com and the contracts to purchase products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of www.rickshawnepal.com, or with the interpretation and execution of these Conditions, or with the sale contracts between RICKSHAW EXPORT IMPORT PVT. LTD. and the User, will be submitted to the jurisdiction not exclusive of Spanish courts and tribunals.

COMPLAINTS AND RECLAMATIONS

The User can send their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, it has official complaint forms available to consumers and users, which they can request at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if from the conclusion of this purchase contract between RICKSHAW EXPORT IMPORT PVT. LTD. and the User emanates a controversy, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation UE Nº 524/2013 of the European Parliament and of the Council, of 21 May 2013, on resolution of online litigation in consumer matters. You can access this method through the website: http://ec.europa.eu/consumers/odr/.