TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY

Welcome to Burmart®!  Burmart® Company Limited, together with its subsidiaries and affiliates (“Burmart®”), provides you access and use of our websites, including Burmart.com and other Internet sites, mobile applications, and social media sites operated by or for Burmart® (collectively, the “Sites”), subject to your compliance with these terms and conditions of use (the “Site Terms”). By accessing, browsing, and using the Sites, you agree to be bound by the Site Terms and applicable law. If you do not agree to be bound by the Site Terms and applicable law each time you use the Sites or you do not have authority to agree to or accept these Site Terms, you may not use the Sites.

        A.  Related Policies and Terms

Additional policies and terms apply to use of specific portions of the Sites and to the purchase of certain Merchandise or Services and are included as part of the Site Terms. Please refer and review all additional and specific terms and conditions.

The Site Terms apply exclusively to your access to, and use of, the Sites and do not alter in any way the terms or conditions of any other agreement you may have with Burmart® for products, services, or otherwise.

Burmart® has adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about Burmart®’s privacy practices, please refer to the Privacy Policy section of the Sites.

        B.  Modification of Site Terms

Burmart® reserves the right to modify these Site Terms in our sole discretion from time to time and only Burmart® has the right to do so. If the Site Terms are changed, we will post the new terms on the Sites and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised, and your use of the Sites following the posting will constitute your acceptance of the new Site Terms.

        C.  Myanmar Usage

The Site is operated by a Myanmar entity and is governed by the law of Republic of the Union of Myanmar. The laws of your jurisdiction may be more or less strict than the laws that apply to the Sites. If you access the Sites from outside Myanmar, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

        D.  Third Party Vendors.

You acknowledge that parties other than Burmart® (i.e. Third Party-Vendors or Sellers) list and sell Products on the Site. Whether a Product is listed for sale on the Site by Burmart® or a Third-Party Vendor may be stated on the web page listing that Product. For the avoidance of doubt, each agreement entered for the sale of a Third-Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third-Party Vendor and the Customer.

Unless otherwise provided under these Terms & Conditions of Use, the provisions of these Terms & Conditions of Use and Seller’s rights and remedies under these Terms & Conditions of Use are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Use or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.

        E.  License and Site Access

Burmart® grants you a limited license to make personal use only of the Sites. Such grant does not include, without limitation: (a) any resale or commercial use of the Sites or any Site Materials (defined below); (b) modification, adaptation translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Burmart® trademarks) in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Sites and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Sites or any other user of the Sites. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Burmart® or any third party. You may not use any meta tags or any other “hidden text”utilizing Burmar’s name, trademark, or product name without our express written consent. “Site Materials”means all materials on the Sites, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, design forms and the selection and arrangement thereof.

We may terminate this license and your use of or access to the Sites if you make or permit any unauthorized use of the Sites. Such actions by you may violate applicable laws including, without limitation, copyright laws, trademark laws, and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

        F.  Changes, Misprints, Errors and Cancellations

Subject to the applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Sites, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Sitels will be available when ordered or thereafter; (c) receive the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable current or error-free; and (e) reserves the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Sites is inaccurate or when we recognize abuse of our policies. If we do not process an order for such reason, we will advise you that the order has been cancelled and will either not charge you or will apply credit to the payment type used in the order.

Where required by law, taxes applicable to merchandise you are purchasing will be added to your order. In the rare event the amount of tax charged on your order is incorrect, you may request a refund in accordance with the laws applicable to your purchase.

        G.  Passwords and Security

Access to and use of password protected and/or secure areas of the Site and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Site and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

If you use a password to access the Sites or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to the device you use to access the Sites, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Burmart® immediately. Burmart® reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Sites and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While Burmart® takes prudent precautions to protect your account and the Sites, it cannot protect your information outside of the Sites. For example, when Burmart® communicates with you via unencrypted email from time to time, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an encrypted form and manner. Burmart® may rely on the authority of anyone accessing your account or using your password and in no event will Burmart® be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Burmart® under this provision; (ii) any compromise of the confidentiality of your account or password; and (iii) any unauthorized access to your account or use of your password.

        H.  Intellectual property

              1.  Ownership

All Site Materials are owned by us and others and are protected by Myanmar and international copyright, trademark and other laws.

               b.  Trademarks

Burmart® (and other trademarks owned by Burmart®), and their respective designs and/or logos are either trademarks or registered trademarks of Burmart® and may not be copied, imitated or used, in whole or in part, without the prior written permission of Burmart®. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Burmart®, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Burmart®. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

              c.  Restrictions on Use

Except as stated in the Site Terms, none of the materials and intellectual property described in these Site Terms (including the Site Materials) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Burmart® or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Sites (including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance), without the prior written permission of Burmart®, is strictly prohibited.

              d.  Copyright

To notify us of a suspected copyright infringement, write to us at: [email protected]

               I.  Software

Any software, including any files, image incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on the Sites is licensed to you by Burmart® on a non-exclusive and limited basis. Burmart® shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

        J.  Hyperlinks

         1.  Links to the Sites

You are granted a limited, non-exclusive right to create a hypertext link to the home page only of the Sites, provided such link does not portray Burmart® or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Burmart® trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page, or form contained on a page without Burmart®’s express written permission. All other linking is prohibited without prior written consent from Burmart®. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Burmart® or any third party.

        b.  Third Party Links

Burmart® makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from the Sites, or websites linking to the Sites.

        k.  Submissions

               1.  Your Information

If you register on the Sites, you agree that any information you provide to us will be current, accurate, and complete, and you will promptly update this information if it changes.

        b.  Additional Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Burmart®, or postings on the Sites (“Submissions”) are non-confidential (subject to our Privacy Policy) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns.

        c.  Restrictions for Submissions

By using the Sites, you agree not to do any of the following:

  1. Upload to, distribute, create through or otherwise publish through the Sites any Submission (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, contains nudity, or is otherwise objectionable;
  2. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the Republic of the Union of Myanmar;
  3. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  4. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
  5. Upload to, distribute or otherwise publish through the Sites any Content such as charity requests, petitions for signatures, chain letters, or letters relating to pyramid schemes, advertising or solicitation for funds, political campaigning, mass mailings, any form of unsolicited commercial email or “spam” (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email), or offering or disseminating fraudulent goods, services, schemes or promotions;
  6. Upload any Content that contains any private or personal information of a third party without such third party’s consent; and
  7. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data, or personal information.

        d.  Policies and Enforcement

All access to and use of the Sites are governed by and subject to the Site Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on the Sites. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Burmart® has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Sites and related services at any time, and block, remove or edit any communication and materials that Burmart® believes in its sole discretion may violate applicable law, the Site Terms or a third party’s rights. Burmart® takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.

        e.  Responsibility for Your Conduct

You represent and warrant that you have and will retain all rights necessary to grant the licenses to Burmart® under these Terms. You remain solely responsible for the Content or other information you upload or transmit to the discussion forums or interactive areas of the Sites. You agree to indemnify and hold harmless Burmart® and its parents, employees, agents and representatives from any third-party claim, action, demand, loss, or damages (including attorneys’ fees) arising out of or relating to your conduct, your actual or attempted violation of these Site Terms or any applicable law, your Submissions, your violation of any rights of a third party, or the acts or omissions of a third party who has authority to access or use the Sites on your behalf or arising out of your violation of these Site Terms.

        L.  Notices

        1.  Notices from Us

All notices or other communications given to you will be communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

        b.  Notices from You

You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.

        c.  Other Modes

We may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

        M.  Currency

Money references on the Site shall be in MYANMAR KYAT.

        N.  Language

If these Terms and Conditions of Use are executed or translated in any language other than English, the English language version of these Terms of Use shall govern and shall take precedence over the other language version.

        O.  Sub-Contracting and Delegation

We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Site and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.

        P.  Assignment

You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.

Digital Vouchers & Gift Cards Terms and Conditions

    1. General
  1. The terms and conditions on the use of digital vouchers & gift cards sold on the Burmart® Site by merchants/sellers are governed by specific Terms of Use of the merchant, and these terms and conditions.
  2. Purchased digital vouchers and gift cards cannot be exchanged for cash. Each merchant of digital vouchers and gift cards operates its own policy on issuing replacements, where applicable, and subject to the terms of use of each digital voucher and/or gift card.
  3. Customers can refer to the digital voucher or gift cards product page and emails/SMS for any merchant specific terms and conditions, such as but limited to the following: the time when they can be redeemed or used, validity, and expiry dates, if applicable.

        b.  Security of the Digital Vouchers and Gift Cards

The security of the digital vouchers and gift cards is the responsibility of the customer.

        c.  Usage & Restrictions

There are certain rules and restrictions which limit the use of digital vouchers & gift cards. The digital voucher or gift card is redeemable if it is used in accordance with the terms of use and the validity periods, if any. Please refer to the details for each digital voucher and gift card as they are described on the specific product page.

        d.  Refunds & Cancellations

    1. Digital vouchers & gift cards cannot be returned or cancelled after purchase.

ii.  A replacement may be allowed provided there is a failure on the merchant’s system or error in the email and/or phone number provided by the customer.

iii.  Refunds for orders paid with a gift card are applied to the gift card (see your refund email if you no longer have the card).

iv.  For returning/exchanging a good/services purchased for gift cards, ensure to follow the merchants’ terms & conditions.

v.  Reward Points and Discounts earned from the purchase of the products can be used or applied for any valid Returns.

vi.  Valid Returns are products purchased found to be defective before the manufacturer’s guaranteed date of expiry.

vii.  Damages to product are to be checked by the buyer during the receiving process for immediate replacement or cancellation of the line item. There are no returns for products found damaged after delivery is completed and accepted.

viii.  There are no returns for products that are near expiry or expired, unless explicitly stated by the seller on the product listing.

        R.  Orders

You may place an Order by completing the Order form on the Site and clicking on the “Place Order” button. We will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

        a.  All Orders Deemed Irrevocable and Unconditional

Upon transmission through the Site and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. You may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.

You may cancel the Customer Contract before the Seller dispatches the Products under such Customer Contract by written notice to Burmart® at ”Contact Us” page on the Site. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause.

        b.  Seller’s Reservation of Rights in Respect of Orders

All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Burmart® confirming your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Site in its absolute discretion. Please note that there are cases when an order cannot be processed for various reasons. Burmart® reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

        c.  Termination by Seller in the Event of Pricing Error

Seller reserves the right to terminate the Customer Contract, if a Product has been mispriced on the Site, in which event Burmart® shall, on behalf of Seller, notify you of such cancellation.  Seller or Burmart® shall have such right to terminate such Customer Contract whether Products have been dispatched or are in transit and whether payment has been charged to you. Upon termination of the Customer Contract under this clause, the Seller shall refund the payment charged to you for the Product, subject to the process and timelines of payment providers and/or payment partners.

        d.  Cancellation by Seller

Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or Burmart® acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:

    1. The Products under the Customer Contract being unavailable for any reason;

ii.  The Customer being in breach of an obligation under the Customer Contract;

iii.  The Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;

iv.  The making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or

v.  The Customer arranging or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.

        S.  Risk and Ownership of the Goods

Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or if the Customer wrongfully fails to take delivery of the Goods, the time when Burmart® has tendered delivery of the Goods.

Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the ownership of the Goods shall not pass to the Customer until Burmart® has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Burmart® to the Customer for which payment is then due. For cross-border transactions or for products shipped from abroad or overseas, the contract of sale is deemed to have been entered into or perfected in the place where the Seller is located.

Until such time as the ownership in the Goods passes to the Customer, the Customer shall hold the Goods as Burmart®’s fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.

The Customer agrees with Burmart® that the Customer shall immediately notify Burmart® of any matter from time to time affecting Burmart®’s title to the Goods and the Customer shall provide Burmart® with any information relating to the Goods as Burmart® may require from time to time.

Until such time as the ownership in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) Burmart® shall be entitled at any time to demand the Customer to deliver up the Goods to Burmart® and in the event of non-compliance.  Burmart® reserves its right to take legal action against the Customer for the delivery of the Goods and reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.

The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Burmart® but if the Customer does so all moneys owing by the Customer to Burmart® shall (without prejudice to any other right or remedy of Burmart®) forthwith become due and payable.

The Customer shall indemnify Burmart®, all its respective officers, employees, directors, agents and contractors against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Burmart®’s rights under this condition.

        T.  Product Warranty

The warranties with respect to the Product sold under a Customer Contract shall be as stated by Seller via the Site, under the “Specifications” tab in the field “Product Warranty” for the relevant Product and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties, and conditions, whether expressed or implied, statutory, or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties, or conditions with respect to the Products supplied.

    1. Customer’s Acknowledgement

You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either Burmart® or Seller. You also acknowledge and agree that to the extent allowed under Myanmar law, the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.

        b.  No Representations or Warranties

Without prejudices and to the extent allowed under existing Myanmar law:

      1. No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
      2. Any actions arising from the breach of any warranty or representation, or any right to damages, whether express or implied, shall be extinguished if an action is not brought against Burmart® within six months from the date of delivery, or from the scheduled delivery of the Product.
      3. Burmart® shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, intangible losses, and any other type of damages caused by any breach of a Third Party Vendor’s implied or express warranty on the Products;
      4. For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labelling requirements;
      5. Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without Burmart®’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
      6. Seller shall be under no liability under the above warranty (or any other warranty, condition, or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
      7. To the extent allowed under Myanmar law, Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.

        U.  Delivery

    1. Delivery of the Products shall be made to the address you specify in your Order either by Seller or by Burmart® (or its agents) on behalf of Seller.
    2. Shipping and packing charges shall be as set out in the Order.
    3. You may track the status of the delivery at the “Order Tracking” page of the Site.
    4. You acknowledge that delivery of the Products is subject to availability of the Products. We will make every reasonable effort to deliver the Product to you within the delivery time frame stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Site is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery whatsoever caused.
    5. In the event you do not receive the Product by the projected delivery date and provided that you inform Burmart® within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Burmart® does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product subject to your rights.
    6. If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.

        V.  Payment

    1. General

You may pay for the Product using any of the payment methods prescribed by Burmart® from time to time. When you Place Your Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall be made to Burmart® Company Limited, either accepting payment or as Seller’s agent (where Seller is a Third-Party Vendor). You acknowledge that Burmart® is entitled to collect payments from you on behalf of Third-Party Vendors.

        b.  Additional Terms

Payment methods may be subject to additional terms as prescribed by Burmart® from time to time.

        c.  Payment Methods

You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Burmart® ), for any failure, disruption, or error in connection with your chosen payment method. Burmart® reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

        d.  Invoicing

Seller may invoice you upon the due date of any payment under a Customer Contract.

        e.  Failure to Pay

If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

        f.  Refund of Payment

All  refunds shall be made via the original payment mechanism and to the person who made the original payment, except for Cash on Delivery, where refunds may be made via bank transfer or store credit into the individual’s bank account provided that complete and accurate bank account details are provided to us.

      1. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline.
      2. All costs associated with the refund process imposed by the processing bank and/or payment provider shall be borne by us.
      3. All refunds are conditional upon our acceptance of a valid return of the Product.
      4. We reserve the right to modify the mechanism of processing refunds at any time without notice.
      5. The guidelines regarding the refunds process of Burmart® can be accessed from the Site.

        W.  Returns and Replacements

    1. Return Policy

All returns must be done in accordance with the instructions set out in the Return Policy. Seller is not obliged to agree to any return unless all such instructions are followed to Seller’s and Burmart®’s satisfaction. Should Seller agree to the return, Seller will deliver the replacement Product to your specified address.

        b.  Permitted Returns

Within 14 days and/or 7 days, upon delivery of the Product, you may return a Product when you:

      1. Receive a product that is fundamentally different in nature from the Product specified in the Customer Contract;
      2. Receive a faulty or damaged Product;
      3. Receive a product that is not as advertised on the Site;
      4. Wrong item is delivered; or
      5. Receive a product that has missing parts/items.

        c.  Replacement or Price Reduction

As an alternative to returning faulty or damaged Products, a Customer may request for replacement of such Products. Such request shall be irrevocable upon notification of the request to Burmart®. Where the Products have not been replaced within a reasonable time, Burmart® may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 10 percent (10%) of the price of the affected Products. Upon replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.

        d.  Replacement Products

When Burmart® has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller.

        e.  Risk of Damage or Loss

Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller (via Burmart® or Burmart®’s agents) has tendered delivery of the Products.

        f.  Refusal of Acceptance

In cases where the customer refuses to take possession of the product or returns the item without sufficient cause or justification, Burmart® will safely keep the item for a period of fifteen (15) days, reckoned from the date Burmart® receives the product from the customer. After the lapse of such period, the product or item is deemed abandoned by the customer, and Burmart® or Seller may dispose of the product or item. Notwithstanding the foregoing, Burmart® will use its best efforts to return the product to the Customer within the time frame provided.

        X.  Force Majeure

We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms and Condition of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Site’s and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

        Y.  Children

You must be at least 13 years of age to access or use the Sites. This website is designed for and intended for use by adults. If you are under 18, you may use the Sites only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minor and others under your care. You agree to be responsible for their use of the Sites.

        Z.  Disclaimer

The Sites and the materials provided herein are provided on an “as is” basis without warranties of any kind, either express or implied. Burmart® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement with respect to the Sites and materials, content, services and product on the Sites. Burmart® does not represent or warrant that materials in the Sites are accurate, complete, reliable, current, or error-free. Burmart® is not responsible for typographical errors or omissions relating to pricing, text or photography. Burmart® does not represent or warrant that the Sites or their server(s) are free of viruses or other harmful components. You expressly agree that use of the Sites, including all content, data or software distributed by, downloaded or accessed from or through the Sites is at your sole risk.

Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Burmart®.

        AA.Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Burmart® be liable for any special, punitive, exemplary, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way related to Burmart®’s operation of, or your use of, the Site, even if Burmart® or its authorized representatives have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Burmart® [whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory] arising out of or relating to Burmart®’’s operation of the sites exceed MMK 100,000 or the sums that was paid to us, whichever is lower.

THe limitations set forth in this section will not limit or exclude liability for the gross negligence, intentional misconduct or fraud of Burmart® in connection with operating the Site.

        BB.Applicable Law, Venue and Limitation of Actions

These Site Terms shall be governed by and construed in accordance with the laws of Myanmar applicable to agreements made and entirely to be performed within Myanmar, without resort to its conflict of law provisions. Regardless of where you access the Sites, you agree that any action at law or in equity arising out of or relating to the Site Terms shall be filed and adjudicated only in the courts located in Myanmar and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Site Terms.

        CC.Termination

Notwithstanding any of the Site Terms, Burmart® reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use of the Sites if you violate any of these Site Terms or Burmart®’s policies. Upon termination, these Site Terms shall still apply.

        DD.Consent to Electronic Communication 

When you visit the Sites, chat with us or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by chat, email, or by posting a notice on the Sites. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Burmart.com site, providing an email address in a chat conversation, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal financial information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including your personal financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. Your options, including your right to opt-out of receiving certain kinds of emails from us, are further described in our Privacy Policy.

        EE.Legal Equivalency

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

        FF.Severability

If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Site Terms and shall not affect the validity or enforceability of any other provisions.

        GG.Waivers

No waiver, express or implied, by either party of any breach of or default under these Site Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

        HH. Contact Us

If at any time you need assistance or are experiencing difficulties using the Sites, please contact: [email protected] or call 09977751799.