Terms and Conditions

Terms & Conditions

Last Updated: 27 July 2020

 

Introduction

This website (https://bigapplenepal.com/) (“Website”) is operated by Big Apple (PAN: 500052659) .

These terms and conditions (“Terms”) form a contract between you (“Customer”) and us. By using the Website, or purchasing any products on our Website (“Products”), you agree to be bound by these Terms.

We may amend these Terms at any time, in our sole discretion, by publishing revisions or updated Terms on the Website. The revisions or updated Terms are binding once published.

These Terms include and incorporate any additional terms, guidelines, or policies issued by us on the website.

This Website is intended for persons over 18 years of age. If you are under the age of 18, you must obtain you parent(s) or guardian(s) consent to accept these Terms and to accept responsibility for your actions on this Website, or any purchases made. If you do not have such consent, you must stop using this Website. By placing an Order, you declare that you are 18 years of age and above.
 

Orders

Making and accepting Orders

Orders you make are subject to us accepting the Order. No binding contract to sell you the Products is made until:

(i) you receive an Order Confirmation from us; or

(ii) we dispatch the Ordered Products to you.

We are not obligated to accept any Orders, and are not liable for any failure to accept an Order. We may refuse to accept Orders for any reason, including a Product being out of stock.

If Products are temporarily out of stock, we may require you to remove those Products from your Order, or for you to agree to any delay in delivery, before accepting your Order.

If payment has been made for an Order that is not accepted, we will refund the amount paid.

Order Terms

All Orders are subject to these Terms.

Upon an Order being accepted, you agree that we may charge you, and you will pay, the Final Price for the Products ordered.

Payment must be made by payment methods provided by us on the Website.  

The Customer may not apply any other terms to the Order, whether under provisions included by the Customer in the Order, offer, Customer’s purchase order, email, or any other document.
 

Pricing

All listed prices may not include charges for shipping or delivery which you are responsible for paying, and which we will charge you separately in the Final Price if the total amount doesn’t total to a prespecified amount of Rs. 2000.

We will use reasonable effort to ensure prices listed on our Website are correct.

We may cancel accepted Orders for any mispriced Products at our discretion, without any liability to you.

We may vary the listed prices of Products at any time and without notice.
 

Product Listings

The Ordered Products have the Specifications in the relevant Product page on the Website.

While we take reasonable care to ensure that any Specifications are reasonably accurate, Specifications other than pricing information are based on data provided by our suppliers. We make no warranty or guarantee as to the accuracy of the Specifications and are not liable for any errors or omissions in the specifications.

Any description of the Products on the Website is only for the purpose of identifying the products. You acknowledge that you do not rely on any descriptions when placing Orders, and no Order is a sale by description.

We make no warranty that the Products will be fit for any specific purpose, whether or not informed to us prior to making the Order.

Any images, photographs, or videos of the Products are for illustrative purposes only.

Listing a Product for sale does not guarantee stock of that Product.

Unless required by applicable law, all other warranties are excluded.

If there are errors in the Specifications, you may report them to our Customer Service Team. We may, on a goodwill basis and without any obligation, assist to remedy the errors.
 

We have listed the sizes of items in terms of average age of children and we do not take any responsibility of the products ordered from the website not fitting a child hence the customer requires to keep in mind the average size for the childs’ age before ordering anything.

Logistics

Risk and title

Risk of damage to the Products passes to you upon delivery, or if you wrongfully fail to take delivery, at the time delivery is attempted.

Title to the Products remains with us until delivery is completed and you have paid us the Final Price for the Products.

Customer will do all things reasonably requested by Big Apple or under applicable law to give effect to this clause.

Delivery

We will use reasonable endeavors to deliver the Products to the Delivery Address within the Delivery Time.

Delivery Time is only an estimate, and we are not liable for any delay in delivery. Time is not of the essence for any Orders.

You are responsible for paying any Delivery Fees quoted by us, which will be included in the Final Price when an Order is placed.

Due to various limitations, we may not be able to deliver to every location. If we are unable to deliver to your location, we will contact you to arrange for an alternative location or to cancel the order.

We are not liable for any prevention or delay in performing our obligations under an Order caused by circumstances beyond our reasonable control, including any acts of god, natural disasters, strikes, traffic conditions, riots, war, terrorism, unrest, epidemic, pandemic, failure of telecommunications or transport infrastructure, breakdowns, accidents, or change of laws. If we do not cancel the Order under these terms, we will use reasonable efforts to resume delivery to you after the circumstances have lapsed. We may, but are not obligated to, inform you of any delays due to these reasons.

Order tracking

You may track your order status using the tracking number in the shipping confirmation email sent to you upon dispatch from our website if we are provided the same by our delivery agent. If you are not provided with an tracking number you can call us or mail us to query about the order delivery status.

Cancellations

Order cancellation by Big Apple

We may cancel an accepted Order at any time, for any reason.

On cancellation, other than liabilities that accrued before cancellation, all of your and our obligations will cease.

We will refund any amounts if the amount is already paid for a cancelled Order, less any costs incurred by us resulting from any breach of these Terms.

Order cancellation by Customer

You may request to cancel an order by contacting our Customer Service Team, or submitting a request to cancel an Order through the Website.

We have the sole discretion to refuse any cancellation request.

We normally do not allow cancellation of any Orders which have been dispatched or delivered. Please refer to our exchange policy below.
 

Returns, Refunds, Exchange

Purchased items cannot be returned for cash refund. Purchased items can be exchanged for any other product within a week of delivery from www.bigapplenepal.com or Big Apple, Durbar Marg.

However, the following conditions must be met:

•         A copy of the delivery slip must be produced.

•         The item must be in it's original condition (packaging/labels).

•         The item must not have been used.

Customers may also ask for a receipt if they don't get a product they are looking for. The receipt can be used at a later date to get the product the customer requires.

•         The customer will need to bear the cost of transportation of the both products required to be exchanged and returned.

 

Product Returns – Defective Products

You may return a Product if it is damaged, a wrong product, or does not conform with the Order (“Defective”).

If a returned Product is assessed to be Defective, we will reimburse you for all reasonable delivery costs, and refund you for the Defective Product.

Return Process

You may request to return products by contacting our customer service team by phone or by email. Requests to return Products must be accompanied by your order number, full name, address, product details, reason for return, and any other details we request. You are responsible for ensuring that all information provided is true, complete, and accurate.

Upon receiving a request for a return, we will assess the request, and if approved, we will provide further instructions on how to return the Product.

On receiving the Product, we will examine and assess (at our discretion) if the Product is eligible for a return and refund.

Our decision on whether a Product is eligible for a return, or whether a Product is Defective, is conclusive.

If a returned Product is not eligible for return, we have the discretion not to repair, replace, or refund you for the Product, and may send the Product back to you at your cost.

Refunds

If your returned Products are accepted by us for return, we will process a refund to you within a reasonable time.  This may take up to 7 working days and we will contact the customer and work out a method to refund the amount or replace the product.

Refund amounts do not include the cost of shipping fees paid. We will only refund shipping fees paid where all Products in an Order are Defective.   

If you purchased Products under any discount or using any voucher or promotions, only the final paid price after discounts will be refunded.

 

 

 

 

Liability

Neither Party is liable for any special, indirect, or consequential damages, loss of profit, business, contracts, revenue, or goodwill.

We are not liable for any losses or damages arising from your improper use of the Products, any allergies or other health conditions you suffer, use of Products despite being defective, fair wear and tear, willful damage, or any modification or alteration to the Products.

You acknowledge that the Products are manufactured by third parties and not Big Apple. To the extent permitted by applicable law, Big Apple is not liable for any losses or damages suffered by the Customer’s use of the Products, unless the loss of damage is caused by Big Apple’s negligence.

 

Intellectual Property

Unless expressly stated, these Terms and the Customer’s use of this Website do not grant the Customer any intellectual property rights in the Website or its contents.

You shall not perform any act which is directly or indirectly likely to prejudice the rights, title, or interest of any rightful holders of the Intellectual property in this Website or its contents.

You shall not modify, adapt, translate, make derivative works, reverse-engineer any part of this Website, including its source code.

You shall not use or reproduce any trademarks associated with Big Apple, our affiliates, or this Website.

 

Use of site

You shall not use the Website for any illegal or improper purpose.

Any information you provide must be true and accurate to the best of your knowledge.

If you create any user account on this Website, you undertake that any such user account will only be operated by yourself, you will not grant access of your user account to any other person, and will keep any passwords related to your user account strictly confidential.

We reserve the right to restrict access to this Website, and suspend or delete any user accounts which fail to comply with these terms, or misuse our Website or user account in any way.

Our Website may contain links to other websites and resources operated by third parties. These links are for your information only. We have no control over the content or information in those websites, and accept no responsibility for them or your use of those websites.


Privacy

By accessing this website or making an Order, you agree to the privacy policy found at https://bigapplenepal.com/privacy-policy  (“Privacy Policy”), and which terms are incorporated into these Terms by reference.


 

Definitions

Term

Definition

Change of Mind

A Customer having a change of mind or being unsatisfied with a Product.

Customer Service Team

Wing Tai’s team which provides assistance and advice to Customers who order Products from Wing Tai, which you can contact through the Website

Defective

A Product being damaged, wrong, or not conforming to the Order

Delivery Address

The address for delivery of Ordered Products provided by Customers to Wing Tai

Delivery Fees

The fees for delivery of Ordered Products set out in Schedule 1

Delivery Time

The estimated time required to deliver Ordered Products set out in Schedule 1

Final Price

The total price of an Order including Product price, Delivery Fees and any other fees, after any Promotions, as informed by Big Apple when an Order is made

Order

An order for Products made by the Customer to Big Apple, which is subject to Big Apple’s acceptance.

Order Confirmation

An electronic mail and telephonic call issued by Big Apple to Customers acknowledging and accepting an Order

Ordered Products

Products that are the subject of an accepted Order

Products

Products listed for sale on the Website

Promotions

Promotions, discounts, incentives, or other initiatives to users of this Website

Registered Customers

Customers with a registered account on the Website

Specifications

Specifications of Ordered Products, as set out in the relevant Product pages on the Website

Terms

These terms and conditions

Website

The web site located at www.bigapplenepal.com

Schedule 1 – Delivery Time , Fees, No delivery zones

Delivery Time

DELIVERY METHOD

ESTiMATED DELIVERY TIME*

Standard Delivery

2 – 5 Working Days Inside Kathmandu valley

Standard Delivery

3-7 working days Outside Kathmandu

           

*Please note that the delivery time commences from the time we accept the Order

 

Shipping Fees

NET MERCHANDISE VALUE

STANDARD DELIVERY

Below Rs.2000

Rs. 200

Rs. & Above

FREE

 

SCHEDULE 2 – NON REFUNDABLE PRODUCTS

Due to final clearance and hygiene concerns, the following products are Non-refundable Products*: 

  • Beauty products

  • Earrings

  • e-Gift cards

  • Handkerchiefs

  • Hosiery

  • Lingerie sets

  • Underpants

  • Socks

  • Swimwear [only returnable with the original hygiene sticker]

  • Toiletries

  • Sales or Discount item

  • Toys and watches

 

*As the list is non-exhaustive and may vary from time to time, Customers should always refer to their Product Page to determine their item's return eligibility