Buyer Terms

1- Introduction

This website is owned and operated by shopsmart (SMC-Private) Limited, registered in Islamabad, Pakistan with the corporate universal identification No. 0147978, also referred to as “we”, “us” or “our” within this policy.

Please read these Buyer Terms carefully and print or save them for future use as we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only. 

• These Buyer Terms apply to use of the sale of goods via our website, shopsmart.pk and shopsmart.com.pk
• Selling on shopsmart is subject to our Seller Terms, also referred to as “Merchant Partners” within this and our other policies.

2 - Changes to these terms

We may change these terms and conditions by posting the revised version on our website at any time. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website following the effective date shown. 

3 - Provision of services

When you decide to purchase goods and/or services the resulting legal contract is between you and that Merchant Partner and such contract shall compromise of the Buyer Terms, the email confirmation of your order and the applicable details on the product page and you agree to be bound by all such provisions.

You should carefully review the Buyer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Buyer Terms and the email confirmation of your order or the applicable details on the product page, these Buyer Terms shall prevail to the extent of the conflict or inconsistency.

We cannot give any undertaking, that goods and/or services you purchase from Merchant Partners through the site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Merchant Partner. Where you order goods and/or services through the site we may disclose your customer information related to that transaction to the relevant Merchant Partner.

We do not review or control, and are not responsible in any way for, listings provided by Merchant Partners and at no time do we possess any items offered for sale by Merchant Partners through the site.

4 - Website updates

We aim to update the shopsmart website regularly and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

4 - Our liability

The material displayed on the shopsmart website is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the shopsmart website or in connection with the use, inability to use, or results of the use of any shopsmart website, any websites linked to the shopsmart website and any materials posted on them, including, without limitation any liability for:

• loss of income or revenue.
• loss of business.
• loss of profits or contracts.
• loss of anticipated savings.
• loss of data.
• loss of goodwill.
• wasted management or office time; and
• For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

5 – Information about you

We process information about you in accordance with our Privacy Policy. By using the shopsmart website, you consent to such processing and you warrant that all data provided by you is accurate.

6 - Transactions via shopsmart

Contracts for the supply of goods formed through the shopsmart website or because of visits made by you are governed by our general Website Terms.

7 - Viruses, hacking and other attacks

You must not misuse the shopsmart website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the shopsmart website, the server on which the shopsmart website is stored or any server, computer or database connected to the shopsmart website. You must not attack the shopsmart website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the shopsmart website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the shopsmart website or to your downloading of any material posted on the shopsmart website, or on any website linked to it.

8 - Links to shopsmart

You may link to the home page of the shopsmart website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. If you wish to make any use of material on the shopsmart website other than that set out above, please contact us.

9 - Links from shopsmart

Where the shopsmart website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10 - Jurisdiction and law

The Pakistani courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the shopsmart website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Pakistan.

11 - Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the shopsmart website.

12 - Your concerns

If you have any concerns about material which appears on the shopsmart website, please contact us with such concerns and we will do our utmost to find an amicable resolution to your issue as quickly as we can.

13 - Terms of our supply

These Buyer Terms tell you the terms of supply on which we supply any of the products listed on the shopsmart website.

Please read these terms carefully and make sure that you understand them, before ordering any products from the shopsmart website. You should understand that by ordering any of our products, you agree to be bound by these terms of supply. You should print a copy of these terms of supply for future reference.

Please tick the box on the page where you purchase products if you accept them. Please understand that if you refuse to accept these terms of supply, you will not be able to order any products from the shopsmart website.

14 - Service availability

Some restrictions are placed on the extent to which we accept orders from specific location and countries. If we are unable to ship to your location or country, it will either be stated in our terms of supply or you will be informed at the checkout.

15 - Your status

By placing an order through the shopsmart website, you warrant that:

• you are legally capable of entering into binding contracts; and
• you are at least 18 years old.

16 - Contract between you and the Merchant Partner

Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Buyer Terms and the applicable details on the product page.

No order shall be deemed to be accepted by the Merchant Partner until we (acting as the commercial agent of the Merchant Partner) issue an email acknowledgement of order. The contract between you and a Merchant Partner will relate only to those goods and/or services notified in the email acknowledgement of order.

17 - Payment methods

We currently accept a number of payment options to pay for your goods. These include JazzCash, Cash on Delivery and credit card payments. Purchases for goods and/or services you make with Merchant Partners may only be paid for using the payment methods we make available from time to time through our payment facility. In accepting or otherwise processing your payments related to the purchase of items from Merchant Partners, we act in the capacity as commercial agent of the Merchant Partner.

The Merchant Partner acknowledges and agrees that the valid payment by you to us for the purchase of item(s) between you and the Merchant Partner will satisfy your obligation to pay the Merchant Partner for the relevant item(s) and consequently, any debt obligations owed by you to the Merchant Partner for the purchase of such items shall be extinguished at that time.

You acknowledge that these Buyer Terms, and/or any transaction made by you via shopsmart, do not create or imply any partnership, joint venture, or trust relationship between us, you and/or the Merchant Partner.

The Merchant Partner further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us. All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions). You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered.

Relevant sales taxes when due will be clearly stated at the checkout and displayed accordingly on your purchase email acknowledgement.

18 - Third parties

We may provide links on the shopsmart website to the websites of other companies. We give no undertaking that products you purchase from third party Merchant Partners through the shopsmart website, or from companies to whose website we have provided a link on the shopsmart website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely.

We will notify you when a third party is involved in a transaction, and we may disclose your personal information related to that transaction to the third-party Merchant Partner.

If you are contracting as a buyer, this disclaimer does not affect your statutory rights against us. If you would like information about your legal rights, you should contact your own legal representative for further information and advice.

19 - Availability and delivery

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the dispatch confirmation, unless there are exceptional circumstances. Please see our Delivery Terms for more information.

20 - Risk and title

The products will be your responsibility from the time of delivery.

Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges.

If you have not received your products within 10 days from the Dispatch Confirmation, you must notify us immediately by contacting us via email or via phone. Alternatively, you can use reach out to us via our Contact Us page. Please ensure you quote your order number.If you fail to inform us of a non-delivery in time we are not liable to refund or replace the products.

21 - Prices and payment

The price of the products and our delivery charges will be as quoted on the shopsmart website from time to time, except in cases of obvious error.

Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

The shopsmart website contain a large number of products and it is always possible that, despite our best efforts, some of the products listed on the shopsmart website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. If the pricing error is obvious and unmistakable and could have reasonably recognized by you as an error, we do not have to provide the products to you at the incorrect (lower) price.

Where payments are made by credit card, we ensure that we do not store credit card details. All our payments systems are handled by Secure Payment Gateways which use a secure server that implements SSL technology (certified to the required standard for encrypted credit card transactions) to protect your credit card information and assist your shopping experience.

Any losses incurred or sustained by customers who transmit information by means or e-mail or other internet link shall be borne solely and exclusively by that customer and in no event shall any such losses in whole or in part be borne by us. When using a public computer, you must sign out when you have finished shopping.

22 - Cancellations, returns & refunds

Buyers have a statutory right to cancel for any reason and receive a full refund. You will receive a full refund of the price paid for the products in accordance with our Returns & Refunds Policy. Your statutory right to cancel a Contract starts from the date of the Dispatch Confirmation (when the Contract between us is formed) and ends fourteen (14) days after receipt of the products by you. You must return the product to the Merchant Partner unopened to receive the refund unless it is being returned due to a fault.

To cancel a Contract and return or exchange an item, you must be pre-authorized by our Customer Services team and hence, require a return authorization number. Please contact us via our Contact Us page to receive your return authorization (if eligible) and further instructions.

Once you have received an authorization number,  you must return the products to the Merchant Partner who supplied them including the confirmation of your original purchase, as soon as reasonably practicable, and within the stipulated time frame stated in our return policy. All returns are at your cost and we nor our Merchant Partners will be liable to cover the cost of returns (provided the product is unopened unless it is being returned due to a fault).

The relevant Merchant Partner will promptly process your request and shopsmart or the Merchant Partner will refund your money. Please ensure the product is in all its original packaging and has not been used.

It is shopsmarts and the Merchant Partners responsibility to refund any money received from you, subject to you following our Returns & Refunds Policy and us getting approval from the Merchant Partner that the goods have been returned in the right condition normally by using the same method originally used by you to pay for your purchase. Refunds will be processed without undue delay.

Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a buyer.

23 - Competitions and prize draws

From time to time we may run competitions and prize draws (a 'Promotion'). Each Promotion will have its own specific terms which will be published on the shopsmart website. The following general terms will also apply:

• There is no cash alternative to the Promotion prize.
• All entrants must be over the age of 18.
• Our decision is final, and no correspondence will be entered into.
• All winners will be chosen at random from all the entries received.
• Details of the Promotion prize winner will be provided upon written request.
• Winners will be notified within 30 days from the closing date of the Promotion and they must respond within 7 days of notification confirming acceptance of the prize.
• No responsibility is accepted for the provision of incorrect information or entries that are not received by us for any reason.
• Promotions are not open to anyone associated with shopsmart SMC Private Ltd.
• The promoter of any Promotions shall be shopsmart SMC Private Ltd., unless otherwise stated.

24 - Promotional codes

From time to time we may issue promotional discount codes (a 'Discount Code'). Each Discount Code will have its own specific terms which will be published on the shopsmart website. The following general terms will also apply:

• Discount Codes cannot be used in conjunction with any other discount, promotion or on sale items;
• Discount Codes cannot be used to purchase gift vouchers;
• Discount Codes are only valid for use on the shopsmart website and not in any other stores or websites;
• We reserve the right to withdraw any Discount Code from use at any time without prior notification and at our sole discretion.
• Discount Codes must be entered when you checkout and cannot be used later if you fail to do so.

25 - Liability

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

• You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
• If you are a buyer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
• If you are a buyer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).

26 - Pakistani law

These terms and conditions shall be governed by both Pakistani law and any disputes will be decided only by the courts of Pakistan. 

27 - General

We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a 'waiver' (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. We may transfer this agreement to a third party, but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. 

28 - Additional questions, complaints & contact

If you have any further questions about our Buyer Terms, please reach out to us via our Contact Us page outlining the full nature of your query.