Terms & Conditions
The following TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our Website www.cheers.com.np (hereafter "Website"). It is vitally important that you read the Terms carefully, as your use of the Website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the Website (hereafter "services").
Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the Website(s) or the services provided by Company through its Website(s).
This website is owned by Cheers Enterprise Pvt. Ltd. (hereafter "Company"), a Company registered in Kathmandu, Nepal, whose registered office is at Kamaladi, Kathmandu.
The following words used in these terms shall have the following meanings:
- "Personal Information" shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
- "Company Website" shall mean Websites on which Company provides products and/or services.
- "Company User" shall mean all Users of the Company Website(s) and services.
- "Company Products and Services" shall mean all products and/or services provided directly by Company;
- "3rd Parties" include all advertisers, partners and affiliate Cheers Enterprise Pvt. Ltd. that are included on, or linked to, the Company Website(s).
ORDERING GOODS FROM US
These terms of sale apply to all goods and services supplied by Cheers Enterprise Pvt. Ltd. via www.cheers.com.np. The website is governed by the following terms and conditions; they do not affect your statutory rights.
You must be 18 years or over to make a purchase from Cheers Enterprise Pvt. Ltd..
You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and to confirm you are of legal age if purchasing alcohol. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. We will not sell to anyone who is not 18 years of age or over, as the law requires.
Description and price of goods
We have taken care to describe and show items as accurately as possible. Despite this, slight variations in items may occur. We provide you with product information on www.cheers.com.np. If there is anything which you do not understand, or if you wish to obtain further information, please contact our customer services team.
Product images are for illustrative purposes only. Although we have made every effort to display colors accurately, we cannot guarantee that your computer's display of the colors accurately reflect the color of the products. Your products may vary slightly from those images.
Price displayed in www.cheers.com.np are in Nepali currency. We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all products pricing without notice.
Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorized 3rd Party to intercept the data. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process.
The contract is subject to your right of cancellation. www.cheers.com.np reserves rights to cancel any order.
Any order placed by you for goods advertised on our website is an offer to purchase the goods selected in your order. No contract exists between you and us for the sale of any goods until we have received your order and accepted it (which we may do at our discretion). Our acceptance of an order takes place when we dispatch the order or send you confirmation by email.
We may refuse at our discretion to accept an order:
- If we cannot obtain authorization for your payment;
- If there has been a pricing or product description error;
- If you do not meet any eligibility criteria set out in our terms and conditions;
- If the goods ordered by you are not available;
- If we do not deliver to your area.
However, this cancellation right does not apply in the case of goods being opened or tampered with, incase if you have received it.
At Cheers Enterprise Pvt. Ltd., delivery service is provided by its delivery team.
At this point in time we deliver within the Kathmandu, Lalitpur and Bhaktapur districts and do not currently offer outside these three districts.
If the person receiving the order is unable to produce appropriate ID to confirm themselves to be 18 years of age or older, then unfortunately, our delivery person will be unable to leave the products. Costs to redeliver the order and consequences thereof shall be of the person making the order.
The risk of loss from any casualty to the goods, regardless of the cause, will be the responsibility of the buyer once the goods have been shipped and handed down to the buyer. Buyer will have the right to inspect the goods upon receipt. Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse to sign the receipt. Additionally, once the receipt is signed, it shall be considered deemed acceptance that the product is in its most appropriate condition and there are no defects whatsoever. Failure to do so may affect any claims that you make thereafter.
Buyer must give notice to the seller of any claim for damages on account of condition, quality or grade of the goods, delivery of incorrect quantity, and the buyer must specify the basis of the claim in detail at our contact email address [email protected] within 48 hours of delivery. Failure of buyer to comply with these conditions will constitute irrevocable acceptance of the goods by the buyer.
We endeavor to deliver or arrange delivery of the goods in the quantities ordered to the address requested when specified.
If our Delivery person attempts delivery at the delivery address as specified in the order, but is unable to deliver the item to the specified address, the delivery person will retain the item/s and will leave a calling card with a customer service staff in order for you to call to arrange re-delivery with some re-delivery charges.
LINKS TO AND FROM OTHER WEBSITES
Links to 3rd Party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these 3rd Party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the 3rd Party websites linked to this website, you do so entirely at your own risk.
On occasion, a product or service offered by advertisers on Company's Website may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology related error, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other Users, User agrees that Company is not responsible for such errors or discrepancies and that User's only course of action is to contact the appropriate advertiser or other User.
Cheers Enterprise Pvt. Ltd. regularly sends out a newsletter and/or other informational emails (collectively referred to as "Newsletters") to all Users. In these newsletters, we may inform you about new services, features or products. User may choose to unsubscribe from the newsletter at any time using the unsubscribe option at the bottom of our emails, or by writing to us at [email protected] or following the unsubscribe link contained in each of the emails.
LICENCE AND COPYRIGHT
The Company Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the Website is copyrighted collectively. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Company and the copyright owner. Elements of the Website are protected by trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis:
- no documents or related graphics on this website are modified in any way;
- no graphics on this website are used separately from accompanying text; and
- any of our copyright and trade mark notices and this permission notice appear in all copies.
OBLIGATIONS OF USER
Use of this website www.cheers.com.np, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
Illegal/Criminal Activity: The Company Website may not be used in connection with criminal or civil violations of state, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property, fraud, forgery, theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
Security Violations: The Company Website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Offensive Materials: The Company Website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials.
Further, Users agree to adhere and comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd Party rights. In particular, User shall not:
- Provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd Party, is unreasonably harmful or offensive to any individual or community;
- Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
- Unreasonably annoy (particularly with SPAM) any other User;
- Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
You may not provide, post or otherwise distribute User content that:
- Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
- Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
- Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
- Interferes with any User's uninterrupted use of the Company website;
- Advertises, promotes or offers to trade any goods or services;
- Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
- Disrupts, interferes with, or otherwise harms or violates the security of the Company Website or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Company Website;
- Any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your User name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by email to [email protected].
User is further prohibited from the following activities:
- Employing any mechanisms, software or scripts when using the Company Website. However, the User may use the interfaces or software provided by Company within the scope of the services available on our Website and in accordance with these terms;
- Blocking, overwriting, modifying and copying of any contents of the Company Website.
- Distributing or publicly disclosing the contents of the Website or any of its terms, without written permission from Company.
Violations of these terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Company, in its sole discretion.
USES AND OTHER POLICIES
- When using our services, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any modifications in the data to the Company Website, immediately upon any changes occurring.
- User shall not be allowed to have multiple accounts. You may only establish one (1) User account. If Company determines that User has established more than one (1) account, further use of our Website may be suspended or terminated, subject to the sole discretion of Company.
- User warrants and represents that they are of legal age (18 or older) to use our Website, at their time of use, or that they are a legal entity, created by operation of law.
USER FORUMS, CONTENT, AND PARTICIPATION
Cheers Enterprise Pvt. Ltd. recognizes that any data provided by User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd parties. Nevertheless, Company shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
Rights to Content Use
When User posts content or contributions to the Company Website, User grants Company a limited, revocable, non-exclusive and non-assignable right of use for the respective content or contribution that Company is entitled to utilize for any purpose allowed by these Terms. In particular, Company is entitled to use said content or contribution posted by User for marketing or in any other way. Company may use User content or contributions in any form, format, or medium of any kind now known or later developed.
User may terminate the license at any time by following the steps described below:
Unsolicited Idea Submission Policy
Company and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send us any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstanding or disputes when Company's products or marketing strategies might seem similar to ideas submitted to us by others. We ask that you do not send your unsolicited ideas to Company or any individual at Company. If, despite our request that you not send us your ideas and materials, you still send them, please understand that Company makes no assurances that your ideas and materials will be treated as confidential or proprietary.
To register with www.cheers.com.np you must be at least 18 years of age. Each registration is for a single User only, whether or not acting on behalf of a Company or other organization. We do not permit you to share your username and password with any other person nor with multiple Users on a network. User must complete the registration process by providing Company with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a username. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify Company immediately of any unauthorized use of their account or any other breach of security. Company will not be liable for any loss that may incur as a result of someone else using User's password or account, either with or without their knowledge. However, User could be held liable for losses incurred by Company or another party due to someone else using their account or password
Disputes (Resolutions) Policy
Generally, transactions are conducted smoothly on Cheers Enterprise Pvt. Ltd; however there may be some cases where both the Buyers and Cheers Enterprise Pvt. Ltd. may face issues. At Cheers Enterprise Pvt. Ltd., we have a Dispute Resolution process in order to resolve disputes between Buyers and Cheers Enterprise Pvt. Ltd.
What is a 'dispute'?
A 'Dispute' can be defined as a disagreement between a Buyer and Cheers Enterprise Pvt. Ltd., with respect to a transaction on the Website.
How does a 'dispute' occur in the Marketplace?
Disputes are filed as a result of a disagreement between the Buyer and Cheers Enterprise Pvt. Ltd. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.
It is important that before a Buyer/Cheers Enterprise Pvt. Ltd. raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, Cheers Enterprise Pvt. Ltd.'s payment for that order is put on hold immediately until the issue is resolved.
How is a 'dispute' created?
Whenever there is a disagreement, the Buyer can write to [email protected] in order to raise a dispute. Disputes can be raised at a particular transaction level.
What are the various types of 'disputes'?
Following are the indicative examples of potential disputes:
- Wrong item received
- Item not as described
- Damaged or Seal broken on Product
- Part/Accessory missing
- Cheers Enterprise Pvt. Ltd. description/specification wrong
In case the Cheers Enterprise Pvt. Ltd. rejects the return request of the Buyer, and Buyer raises a dispute, then Cheers Enterprise Pvt. Ltd. will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favor of the Buyer, a refund is provided once the product is returned to the Cheers Enterprise Pvt. Ltd. If the dispute is settled in favor of the Cheers Enterprise Pvt. Ltd., Buyer is not entitled to any refund.
Buyer Protection Program
In case of a dispute where the Cheers Enterprise Pvt. Ltd. is unable to provide a refund or a replacement, Cheers Enterprise Pvt. Ltd. will actively work towards reaching a resolution.
The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Cheers Enterprise Pvt. Ltd. or are not satisfied the resolution provided by the Cheers Enterprise Pvt. Ltd.
The Buyer can write to [email protected] if the issue with the Cheers Enterprise Pvt. Ltd. is not resolved. Cheers Enterprise Pvt. Ltd. Customer Support team will look into the case to check for possible fraud, if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
In due course of resolution, Cheers Enterprise Pvt. Ltd. Customer Support Team will facilitate a conference call including the Cheers Enterprise Pvt. Ltd. and the Buyer.
When a dispute has been raised, Cheers Enterprise Pvt. Ltd. may provide both the parties access to each others display names, contact details including email addresses and other details pertaining to the dispute.
Buyer Eligibility and Restrictions
- Only the Buyers who have purchased the product on Cheers Enterprise Pvt. Ltd. are eligible for the Buyer Protection Program.
- Buyers can file a dispute within 7 days from the date of delivery of the product
- Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.
- To be able to take advantage of the Buyer Protection Program, Buyers should first contact Cheers Enterprise Pvt. Ltd. and attempt to resolve the issue. If the Buyer doesn't hear from Cheers Enterprise Pvt. Ltd. or is unable to resolve the issue with Cheers Enterprise Pvt. Ltd. even after contact, a dispute can be raised with Cheers Enterprise Pvt. Ltd. by writing an email to [email protected]
- Fraudulent charges and claims are not covered under Buyer Protection Program
- If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases Cheers Enterprise Pvt. Ltd. can file a claim through Cheers Enterprise Pvt. Ltd. Protection Program.
- Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.
- Through the Buyer Protection program, Cheers Enterprise Pvt. Ltd. does not provide any guarantee/warranty to Buyers for products sold on Cheers Enterprise Pvt. Ltd. against technical/manufacturing defects.
- Raising disputes against Cheers Enterprise Pvt. Ltd. does not automatically entitle the Buyer to a refund or replacement for the product purchased. Cheers Enterprise Pvt. Ltd. shall verify the disputes so raised and may process only such claims that are valid and genuine.
- Cheers Enterprise Pvt. Ltd. shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Cheers Enterprise Pvt. Ltd.
- Cheers Enterprise Pvt. Ltd. reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Cheers Enterprise Pvt. Ltd. may at its sole discretion suspend, block, restrict, cancel the Display Name (and its related Display Names) of such User and/or disqualify that User and any related Users from availing protection through this program.
- Decisions made by Cheers Enterprise Pvt. Ltd. under the Buyer Protection Program shall be final and binding on its Users.
- Cheers Enterprise Pvt. Ltd. reserves the right to modify/discontinue Buyer Protection Program without any prior notice period to its Users.
- Through this program, Cheers Enterprise Pvt. Ltd. shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by Cheers Enterprise Pvt. Ltd.
- Cheers Enterprise Pvt. Ltd. Customer Support Team may seek additional information/clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information/clarification sought within 10 days of such request, the dispute shall be auto-closed in favor of the Cheers Enterprise Pvt. Ltd.
While the Company uses reasonable efforts to include accurate and up-to-date information, the Company specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all Company Websites, either now operating or created in the future. The Company disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. The Company disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the Company Website.
The Company does not make any warranties or representations regarding any data, service and/or information provided or made available by any User on any of the Company Websites or on any external Websites linked to them. In particular, the Company does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall the Company be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEBSITES, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED.THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEBSITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
THE COMPANY AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3RD PARTIES, ACTIONS OF ANY 3RD PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY.
The Company may modify, suspend, discontinue or restrict the use of any portion of the Company Website, including the availability of any portion of the content at any time, without notice or liability.
User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of the Company or any other Website. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
You agree to indemnify, defend and hold harmless the Company, its Website(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
- Your use of the Company Website(s);
- The Company's use of any your content or information, as long as such use is not inconsistent with these Terms;
- Information or material provided through your IP address, even if not posted by you ;
- Any violation of these Terms by you.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with Contract Act 2056. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Nepali courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country. We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the Nepal. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the Nepal , you do so at your own risk and you are responsible for compliance with local laws.
Complaints Procedure: We are very proud of our high standards of customer service; however, in the event that we fail in meeting these standards; please do not hesitate to contact us at [email protected].
These Terms represent the entire understanding between the User and the Company and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the Website, its services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Company.