TERMS & CONDITIONS

Read this section for five minutes and you’ll feel like a lawyer

Please carefully read the terms and conditions set out below before ordering any food or services from this website. Because if you do so you agree to be bound by these terms and conditions.

1: Introduction

 We are kostokomai, a brand of SAR Corporation unless otherwise stated.

2: Definitions

2.1 "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form, and payment instructions provided to you.

2.2 "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data

2.3 "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by kostokomai

2.4 "we", "us", "our", and "kostokomai" are references to the Company

2.5 "Goods" is a reference to any goods which we may offer for sale from our Website from time to time

2.6 "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website

2.7 "Participating Restaurant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.

2.8 "Website" is a reference to our Website https://www.kostokomai.estheticsoft.com or our mobile applications on which we offer our Goods or Services.

3: Ordering

3.1 Any contract for the supply of Food Delivery from this Website is either between you and the Participating Restaurant or you and kostokomai, depending on how Participating Restaurant decided to serve you; for the supply of Goods or Services from this Website, any contact is between you and kostokomai. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.

3.2 Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.

3.3 Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.

3.4 When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.

3.5 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.

3.6 Any order that you place with us is subject to product availability, delivery capacity, and acceptance by us and the Participating Restaurant. When you place your order online, we will send you an email and SMS to confirm that we have received your order. This email and SMS confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. Inform us over the phone within 5 minutes of receiving the mail or the SMS. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity. We may choose to call you at times when you are ordering in bulk.

3.7 If the ordered Food and delivery capacity are available, the kostokomai will accept the order and confirm it to the relevant restaurant.

3.8 The approximate delivery time may vary in case of unavoidable circumstances.

3.9 If any/all ordered food item(s) are not available or if there is no delivery capacity, our customer service will call you to discuss alternatives.

4: Prices and Payment

4.1 Any contract for the supply of food from this Website is between you and the participating restaurant; for the supply of food, any contact is between you and kostokomai. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.

4.2 All prices listed on the website are correct at the time of publication and have been input as received by the restaurant; while we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. We also reserve the right to alter the food menu available for sale on the Website and to stop listing restaurants.

4.3 All prices listed on the Website for the food menu by the participating restaurant or a delivery partner listed on the Website reflect the price the Participating Restaurant or the third-party provider charges at the time of listing. In case the price listed is not current and the restaurant informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.

4.4 All prices for delivery by kostokomai or a third-party provider assigned by kostokomai listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future.

4.5 The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched and Services provided. Payment has to be made by online payment, e.g. credit or debit card, or bKash or Hungry card.

4.6 If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order. All local and international debit and credits are accepted.

5: Delivery

5.1 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.

5.2 If delivery is done by the Participating Restaurant or delivery partners, it is the Participating Restaurant's sole responsibility to provide Food Delivery in a timely manner.

5.3 In the case delivery is done by kostokomai or a third-party delivery partner assigned by kostokomai, we will take full responsibility to deliver in a timely manner. However, if the process is hampered due to unavoidable issues, i.e- traffic jams then it is not our responsibility to take.

5.4 All orders are delivered by a reputable courier. We and the Participating Restaurant will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, you may contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.

5.5 In case of a late delivery, the delivery charge will neither be voided nor refunded by kostokomai.

5.6 All risk in the Goods and the Food Delivery shall pass to you upon delivery.

5.7 If you fail to accept delivery of Food and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance, and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

5.8 You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost, or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

5.9. Participating restaurants, who will prepare your order, aim5.9.1 To deliver the product to you at the place of delivery requested by you in your order5.9.2 To deliver within the time confirmed by the restaurant5.9.3 To inform you if they expect that they are unable to meet the estimated delivery time.

5.10 Participating Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges, or expenses arising out of late delivery.

5.11 Please note that it might not be possible for Participating Restaurants to deliver to some locations. If this is the case, our Participating Restaurants or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.

Section 6: Cancellation

6.1 You must notify kostokomai immediately if you decide to cancel your order, by phone within 5 minutes, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be canceled. We will not be able to refund any order, which has been already dispatched.

6.2 We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.

6.3 If the cancellation was made in time and once the restaurant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.

6.4 In the unlikely event that the Participating Restaurant or kostokomai delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Restaurant or kostokomai can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

7: Information

7.1 Where we have requested information from you to provide Food Delivery, Goods, or Services you agree to provide us with accurate and complete information.

7.2 You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods, or Services to you and for marketing and credit control purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.

7.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

8: Linked Sites

8.1 There may be a number of links on our Website to third-party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third-party Websites or the Services or Goods that they may provide to you.

9: Complaints

9.1 We take complaints very seriously and aim to respond to your complaints within 2 business days. All complaints should be addressed to support@kostokomai.estheticsoft.com.

10: Limitation of Liability

10.1 Great care has been taken to ensure that the information available on this Website is correct and error-free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be absolutely error-free or fit for purpose, timely, the defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

10.2 By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.

10.3 We disclaim any and all liability to you for the supply of the Food Delivery, Goods, and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage, or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

10.4 We do not accept any liability for any delays, failures, errors or omissions, or loss of transmitted information, viruses or other contamination, or destructive properties transmitted to you or your computer system via our Website.

10.5 We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as an act of God or those of third parties.

10.6 If we have contracted to provide identical or similar orders to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

10.7 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, and loss of data, loss of income or profit, loss or damage to property, and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.

10.8 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

11: General

11.1 All prices are in Bangladeshi Taka. VAT is included where indicated.

11.2 We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.

11.3 We may alter or vary the Terms and Conditions at any time without notice to you.

11.4 Payment must be made either at the time of ordering the Food Delivery, Goods, or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.

11.5 Do not use or launch any automated system or program in connection with our website or its online ordering functionality.

11.6 Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.

11.7 The Terms and Conditions together with the Privacy Policy, any order form, and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.

11.8 If any term or condition of our Agreement shall be deemed invalid, illegal, or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

11.9 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Bangladesh. The parties hereto submit to the exclusive jurisdiction of the courts of Bangladesh.

11.10 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

11.11 These Terms and Conditions and a Contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Bangladesh Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Bangladesh courts. All dealings, correspondence, and contacts between us shall be made or conducted in the English language.