Dispute Resolution and Jurisdiction
Welcome to SARS- Online Shopping Mall! By signing up for a SARS- Online Shopping Mall Account (as defined in Section 1) or by using any SARS- Online Shopping Mall Services (as defined below), you are agreeing to be bound by the following terms and conditions, the “Dispute Resolution and Jurisdiction”.
As used in these Dispute Resolution and Jurisdiction terms, “we”, “us”, “our” and “SARS- Online Shopping Mall” means the applicable SARS- Online Shopping Mall Contracting Party (as defined in Section 13 below), and “you” means the SARS- Online Shopping Mall User (if registering for or using a SARS- Online Shopping Mall Service as an individual), or the business employing the SARS- Online Shopping Mall User (if registering for or using a SARS- Online Shopping Mall Service as a business) and any of its affiliates.
SARS- Online Shopping Mall provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces and other online locations (“Online Services”) and in person (“POS Services”), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by SARS- Online Shopping Mall are referred to in these Dispute Resolution and Jurisdiction terms as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Dispute Resolution and Jurisdiction terms. You can review the current version of the Dispute Resolution and Jurisdiction terms at any time at https://sars-bd.com/
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Dispute Resolution and Jurisdiction terms, including SARS- Online Shopping Mall’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Supplementary Terms of Service for E.U. Merchants (“EU Terms”), the SARS- Online Shopping Mall API License and Terms of Use (“API Terms”) and the SARS- Online Shopping Mall Data Processing Addendum (“DPA”) before you may sign up for a SARS- Online Shopping Mall Account or use any SARS- Online Shopping Mall Service.
Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Dispute Resolution and Jurisdiction terms, including any document referred to in these Dispute Resolution and Jurisdiction terms, for the complete picture of your legal requirements. By using SARS- Online Shopping Mall or any SARS- Online Shopping Mall services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. Introduction to Dispute Resolution
At SARS- Online Shopping Mall, our commitment goes beyond providing quality products and exceptional services to our valued customers. We understand that disputes or disagreements may occasionally arise, and we believe in transparency and fairness when addressing these issues. This “Introduction to Dispute Resolution” is designed to inform you about our approach to handling disputes, ensuring that your shopping experience remains as smooth and satisfying as possible.
We encourage you to read this section carefully to gain insights into our dispute resolution policy, the steps involved in resolving disputes, and how we can work together to find amicable solutions. We are dedicated to making your interactions with us positive and hassle-free, even in challenging situations.
In this section, we will cover:
1. Dispute Resolution Policy: An explanation of the principles and guidelines that govern our approach to resolving disputes on our platform.
2. Contact Information: Clear and easily accessible contact details for reaching out to our dedicated support team in case you encounter any issues or disputes.
3. Types of Disputes: An overview of the different categories of disputes that may arise in the context of your shopping experience with us.
4. Resolution Process: A step-by-step breakdown of our dispute resolution process, including how we initiate communication, mediate, and, if necessary, escalate matters.
5. Mediation and Negotiation: Details on how mediation and negotiation are integral to our efforts to achieve a mutually agreeable resolution.
6. Escalation to Legal Action: Clear information regarding the conditions under which a dispute may need to be escalated to legal action, which may include arbitration or court proceedings.
7. Timelines and Deadlines: Our commitment to resolving disputes in a timely manner and the importance of prompt communication.
8. Costs and Fees: If applicable, an explanation of any costs or fees associated with the dispute resolution process and who bears these costs.
9. Confidentiality: How we handle confidentiality throughout the dispute resolution process, ensuring that your personal information is safeguarded.
NOTE
Our objective is to provide you with comprehensive information on how we handle disputes, empowering you with the knowledge to navigate potential challenges confidently. We believe that an open and transparent approach to dispute resolution is essential in building trust and maintaining the integrity of our online shopping community.
We encourage you to reach out to our support team if you have any questions or concerns regarding our dispute resolution policies and procedures. We are here to assist you and ensure that your experience with SARS- Online Shopping Mall
remains positive and enjoyable.
2. Contact Information
Customer Support Email:
• For general inquiries, order-related questions, and assistance with any issues, please contact our customer support team via email at: SARS- Online Shopping Mall.
Phone Support:
• If you prefer to speak with a representative over the phone, our customer support hotline is available during our operating hours at: +8801813669992
Mailing Address:
• You can also reach us by mail at our physical address: [email protected]
Operating Hours:
• Our customer support team is available to assist you during our working hour.
Standard operating hours:
o 7 Days in A Week: 24 Hours
Social Media:
• Stay connected with us on social media for updates, promotions, and more:
o Facebook: [Facebook Link]
o Linkedin: [Linkedin Link]
o Instagram: [ Instagram Link]
Feedback and Suggestions:
• We welcome your feedback and suggestions on how we can improve our services. Please share your thoughts with us at : SARS- Online Shopping Mall
Emergency Contact (After Hours):
• For urgent matters outside our standard operating hours, please contact our emergency hotline at: +8801813669992
NOTE
Our customer support team is dedicated to providing you with exceptional service and resolving any issues or inquiries you may have. We appreciate your trust in SARS- Online Shopping Mall, and we look forward to assisting you.
3. Dispute Categories
1. Product Quality and Condition:
o Disagreements related to the quality, condition, or description accuracy of products purchased through SARS- Online Shopping Mall
2. Delivery and Shipping Disputes:
o Issues concerning delayed deliveries, lost shipments, or shipping fees for orders.
3. Payment Disputes:
o Discrepancies related to payment processing, including unauthorized transactions, payment failures, or refund requests.
4. Order Cancellations and Changes:
o Disputes arising from requests to cancel orders, modify orders, or add/remove items from existing orders.
5. Returns and Refunds:
o Disagreements regarding the eligibility and process of returning products and obtaining refunds.
1. Initial Assessment:
o Upon receiving the customer’s complaint or inquiry, acknowledge their message promptly. This can be an automated confirmation email or message to let them know their issue is being looked into.
2. Assign a Ticket or Reference Number:
o Assign a unique ticket or reference number to the customer’s inquiry. This helps in tracking and organizing customer issues.
mediation and negotiation are key conflict resolution methods to address customer disputes and concerns:
• Mediation: When a customer raises an issue or dispute, the first step is typically to attempt mediation. A trained mediator, often a customer service representative or a dedicated mediator, can facilitate a conversation between the customer and the company. The goal is to reach a mutually satisfactory solution through open and respectful dialogue. Mediation can help resolve issues related to product quality, delivery delays, billing errors, and more.
• Negotiation: If mediation doesn’t lead to a resolution, negotiation comes into play. This involves a more structured process of give-and-take between the customer and the company. Negotiation may involve offering compensation, discounts, or alternative solutions to address the customer’s concerns. Effective negotiation can help retain the customer’s trust and loyalty.
3. Escalation to Legal Action:
Sometimes, despite mediation and negotiation attempts, disputes cannot be resolved amicably. In such cases, the possibility of legal action arises:
• Customer Rights and Legal Recourse: Ensure that your website’s terms and conditions clearly outline customer rights, responsibilities, and dispute resolution mechanisms. This documentation should also specify the jurisdiction and venue for legal actions, which can protect both the customer and the business.
• Customer Dispute Resolution Process: Describe the steps customers should follow if they believe they have a legal claim. This might involve sending a formal legal notice, engaging in alternative dispute resolution mechanisms like arbitration or small claims court, or pursuing full-scale litigation. Highlight any legal limitations or requirements in this process.
4. Timelines and Deadlines:
Timelines and deadlines are crucial for managing customer expectations and ensuring a smooth resolution process:
• Response Times: Specify the expected response times for customer inquiries and complaints. For instance, you might commit to responding to emails within 24-48 hours or providing an initial acknowledgment within a few hours.
• Resolution Timeframes: Communicate estimated resolution timeframes for different types of issues. While some issues can be resolved quickly, others may take longer, such as product recalls or complex technical problems. Transparency about these timelines helps manage customer expectations.
Legal Deadlines: In cases where legal action may be involved, be aware of and adhere to statutory or contractual deadlines. Failure to meet these deadlines can result in legal consequences.
Jurisdiction
1. Choice of Law and Venue
• Choice of Law Clause: Include a clause in your website’s terms and conditions that specifies which jurisdiction’s laws will govern any legal disputes or issues that may arise. For example, you might specify that the laws of Bangladesh will apply to all disputes.
• Venue Selection: Define the specific venue or court where any legal disputes will be heard. This provides clarity to both customers and our business about where legal proceedings will take place. Common venues include local courts or specific arbitration centers
2. International Considerations:
• Global Customers: If your online shop serves customers from different countries, make it clear how your terms and conditions apply to international customers. Address issues such as currency conversion, shipping costs, and import/export regulations.
• Compliance: Ensure that your business complies with international laws and regulations, including data protection and consumer rights. Be aware of any specific regulations or taxes that may apply to international sales.
3. Arbitration Clauses:
Arbitration clauses offer an alternative dispute resolution method outside of traditional litigation:
• Mandatory Arbitration: You can include a clause requiring disputes to be resolved through arbitration rather than going to court. This clause often outlines the arbitration process, selection of arbitrators, and arbitration organization.
• Benefits: Arbitration is often faster, less formal, and can be more cost-effective than litigation. It can be a practical solution for resolving disputes, especially international ones.
4. Enforcement of Judgments:
This pertains to how court judgments or arbitration awards are enforced:
• Recognition of Judgments: Specify how judgments or awards from one jurisdiction will be recognized and enforced in another. This is particularly relevant for international transactions where enforcement can be complex due to differences in legal systems.
Compliance with International Treaties: Consider whether your website’s terms and conditions reference international agreements or conventions that facilitate the enforcement of judgments across borders.
4. Governing Law Clauses
A governing law clause specifies which laws apply to the contract between your online shop and customers. This is closely related to the choice of law clause:
• Clear Jurisdictional Rules: Make it explicit which country’s laws will govern the contract. This provides clarity to customers about their rights and obligations under your terms and conditions.
Dispute Resolution Mechanism: Align the governing law clause with your chosen dispute resolution mechanism, whether it’s litigation, arbitration, or another method.
NOTE
Including these clauses in your website’s terms and conditions helps establish a legal framework for your e-commerce operations, particularly when dealing with international customers. It promotes transparency and can prevent jurisdictional disputes in case of conflicts. However, it’s essential to consult with legal professionals to ensure that these clauses comply with relevant laws and international agreements.