Sales AGREEMENT

OnTime.lk the use

This agreement or the terms and conditions (the “Agreement”) govern all use of the OnTime.lk website (the “Site”) and the Goods and services available to sell on or at the Site (the ” Goods and Services”), the Goods and Services are owned and operated by OnTime.lk (“OnTime.lk”), the Goods and Services are offered or sold subject to your (the “Buyer/User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by OnTime.lk including, without limitation.

Access

Subject to the terms and conditions of this Agreement, the Goods and Services are provided solely for Buyer’s own personal/domestic use, and for the benefit of any party. OnTime.lk may change, suspend, or discontinue the Goods or Services at any time, including the availability of any item, feature, or content. OnTime.lk may also impose limits on certain Goods and services or restrict Byer’s/User’s access to parts or all of the Goods or Services without notice or liability.

Buyer/User certifies to OnTime.lk that if Buyer/User is an individual person (i.e., not a corporation/Company) Buyer/User is at least 18 years or above 18 years of age. Buyer/User also ensures that it is legally permitted to use the Goods and Services, and takes full responsibility for the selection and use of the Goods and Services. This Agreement is cancelled where prohibited by law, and the right to access the Goods and Services are withdrawn in such jurisdictions.

Modifications to the Agreement.                                                    

OnTime.lk reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the OnTime.lk Site or by sending Buyer/User a notice via email or by post mail. Buyer/User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Goods and Services by Buyer/User following such notification constitutes Buyers/User’s acceptance of the terms and conditions of this User Agreement as modified.

Payment Methods.

Cash on Delivery is highly accepted currently. OnTime.lk will accepts the VISA and MasterCard, credit cards and debit cards on the site.

Credits: Unused credits will be forfeited if Customer’s OnTime.lk account is terminated for any reason – whether customer chooses to cancel or if OnTime.lk cancels customer’s account for any reason. Customer’s account must be in good standing to be eligible to redeem credits. Credits have no cash value. OnTime.lk reserves the right to change these credit terms and conditions at its discretion, and may terminate the credits program at any time. Refunds are at the sole discretion of OnTime.lk

Pricing.

Fixed prices are indicated in the site for each item/Good/feature/service and when special price offers are given that will display on OnTime web site. The price indicated in the site for each item may simply vary daily and time to time in each item with the changes of dollar rate and price fluctuation of the country.

Taxes.

Buyer/Customer is responsible to pay all sales taxes (as applicable).

Seasonal or Anytime Promotional Offers.

Customer agrees to receive emails promoting any special offer(s), including third party offers, as well as OnTime.lk newsletters. Customers can choose of promotional emails from by clicking the unsubscribe link at the bottom of the emails. Transactional and Program emails are required for visitors and customers.

Typographical errors.

In the event of OnTime.lk products are listed at an incorrect price due to typographical error or error in pricing, OnTime.lk shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. OnTime.lk shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, OnTime.lk shall issue a credit to your credit card account in the amount of the incorrect price.

Order cancellation By OnTime.lk

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verification or information before accepting any order. OnTime.lk will contact the Buyer or the Customer if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the Buyer/user’s account in case of cancellation by OnTime.lk

Order cancellation by Buyer/Customer

In case of requests for order cancellations, OnTime.lk reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty four) hours of making the order on the Site. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty four) hours from making the order. OnTime.lk has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by OnTime.lk and accept OnTime.lk decision regarding the cancellation. In the event of cancellation of order by the customer OnTime.lk shall not refund, if any used against such order.

When a cash on delivery order is cancelled by the customer after delivery to the location, the customer liable to pay the delivery charges to Ontime.lk.

Dates for delivery and payment, delay in performance

Delivery dates are estimates, unless a fixed date for the transactions has been expressly agreed in writing. Delivery periods are given generally and OnTime.lk do the best to deliver the goods, items or features within reasonable time period. Deliveries on Special Holidays are possible only upon special agreement and for an extra charge. In cases of force majeure and other unforeseeable, extraordinary circumstances for which OnTime.lk is not responsible, for example operational troubles and interruptions due to pandemic situation, fire, water, or similar events, failures of production facilities and machines, late delivery, or delivery shortfalls on the part of our suppliers, and interruptions in operation due to a shortage in raw materials, energy or labor, strike, lockout, difficulties in the procurement of transportation means, disruptions or obstructions in traffic, or official intervention, we are – to the extent that the named circumstances prevent us from a timely performance of our obligations –  entitled to postpone the performance of the delivery the goods and or services for the term of the obstruction plus a reasonable start-up time. In the case that the Buyer/Customer is in default with calling, accepting, or collecting the goods or services, or if the Buyer/Customer is responsible for a delay of the delivery of the goods, OnTime.lk is entitled without prejudice to any other claims, to demand payment of a flat-rate in the amount of the usual local storage charges, regardless of whether the goods are stored in our facilities or those of a third party.

OnTime.lk delivers the items, goods or services related features to the customer’s location for cash on delivery and prepaid basis. After deliver the item, good or the features to the customer’s location, OnTime.lk is not responsible for any defect, damage or loss of the item or part of it or any other related matters.

When the ordered item/Good/feature/service not available at the moment of preparing the order to deliver, OnTime.lk reserves the right to deliver the order with similar or another same branded item/good/feature/service as a replacement.

Return and Exchange

OnTime.lk ensures that all exchange requests made within 48 hrs for wrong/defective products are dealt with utmost efficiency. However any request for exchange for the aforementioned cases post 48 hours is subject to denial. Exchange against articles or goods priced similar or higher than the originally purchased article is applicable for all order. In case the customer choses to exchange the originally purchased article for an article priced below that of the original, the balance between the two will be credited to Buyer/Customer. OnTime.lk ensures exchange/return of articles in their original state along with bills, tags, and packaging according to the guidelines as stated. In case the same in not ensured, we reserve the right to deny exchange/return.

To keep the experience smooth and accessible we ensure that all the requests for exchange of store purchased products are dealt at the store and all the requests of exchange for products purchased online are dealt online. Reverse pick-ups will be initiated by us in case of wrong/defective products. All deliveries for other return/exchange requests will be borne by the customers initiating the same. All the exchange requests will be considered within 24 hrs after the delivery and OnTime.lk reserve the right of deciding the exchange after 24 hrs.

Fraudulent /declined transactions

OnTime.lk team constantly monitors the Buyer/user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law of Sri Lanka and www.ontime.lk reserves the right to recover the cost of goods or services, delivery charges, collection charges and lawyers’ fees from persons using the Site fraudulently. OnTime.lk reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, OnTime.lk reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, OnTime.lk shall owe no liability for any refunds.

Web content.

The content on the Service (excepting all User Submissions – as mentioned below), including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein are owned by or licensed to OnTime.lk, subject to copyright and other intellectual property rights under the law of Sri Lanka, foreign laws and International Conventions. OnTime.lk reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.

OnTime.lk grants to Buyer/User a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, Buyer/User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from OnTime.lk or from the applicable copyright holder.

Buyer/User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.

User submissions.

The Services may permit the submission of text, images or other communications by Buyer/User and other users and the hosting, sharing, and/or publishing of such Buyer/User Submissions. Buyer/User understands that whether or not such Buyer/User Submissions are published, OnTime.lk does not guarantee any confidentiality with respect to any such submissions. Buyer/User shall be solely responsible for Buyer/User’s own Buyer/User Submissions and the consequences of posting or publishing them. Buyer/User agree that OnTime.lk has no liability with respect to any Buyer/User Submissions, including, without limitation, Buyer/User’s own Buyer/User Submissions, and Buyer/ User hereby irrevocably releases OnTime.lk and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to Buyer/User Submissions or any part thereof.

In connection with Byer/User’s Buyer/User Submissions, Buyer/User affirms, represents, and warrants that: (i) Buyer/User owns or has the necessary licenses, rights, consents, and permissions to use and authorize OnTime.lk to use each and every image and sound contained in each such Buyer/User Submission and to enable inclusion and use of such Buyer/User Submissions in the manner contemplated by the Site, the Services of this Agreement; (ii) Buyer/User has the written consent, release, and/or permission of each and every identifiable individual person in the Buyer/User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Buyer/User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting of Buyer/User’s Buyer/User Submission on or through the Site or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. Buyer/User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by Buyer/User to or through the web Site or Services.

By submitting the Buyer/User Submissions to the Service, or displaying, publishing, or otherwise posting any content on or through the Service, Buyer/User hereby does and shall grant OnTime.lk a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Buyer/User Submissions in connection with the Service and OnTime.lk’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. Buyer/User also hereby does and shall grant each user of the Service a non-exclusive license to access Byer/User’s Buyer/User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such Buyer/User Submissions as permitted through the functionality of the Service. For clarity, the foregoing license grant to OnTime.lk does not affect Byer/User’s other ownership or license rights in Byer/User’s Byer/User Submission(s), including the right to grant additional licenses to the material in such Byer/User Submission(s).

In connection with Buyer/User Submissions, Buyer/User further agrees that Buyer/User will not: (i) publish falsehoods or misrepresentations that could damage OnTime.lk or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant OnTime.lk all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. OnTime.lk does not endorse any Byer/User Submission or any opinion, recommendation, or advice expressed therein, and OnTime.lk expressly disclaims any and all responsibility or liability in connection with User Submissions.

OnTime.lk reserves the right to decide whether a Byer/User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. OnTime.lk also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and Buyer/User Submissions) by Buyer/User, or to restrict, suspend or terminate Byer/User’s access to all or any part of the Site or the Services at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, OnTime.lk assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.

Restrictions.

Byer/User shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. OnTime.lk reserves the right to bar any such activity. Byer/User shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Service or to any OnTime.lk server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.

Buyer/User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service of OnTime.lk. Buyer/User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of OnTime.lk, including any OnTime.lk account not owned by Buyer/User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Buyer/User’s own information, as provided for by the Service. Buyer/User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or OnTime.lk’s systems or networks, or any systems or networks connected to the Service or to OnTime.lk.

Buyer/User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service. Byer/User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to OnTime.lk on or through the Service. Buyer/User shall not, in connection with the Service, pretend (e.g. through impersonation) that Buyer/User is any other individual or entity. Byer/User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of OnTime.lk or others.

Third party Web sites.

The Site may permit Buyer/User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under OnTime.lk’s control, and Buyer/User acknowledges that OnTime.lk is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by OnTime.lk. Byer/User further acknowledge and agree that OnTime.lk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

Indemnification.

Byer/User is responsible for all of its activity in connection with the Service. Byer/User shall defend, indemnify, and hold harmless OnTime.lk, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from or in connection with: (i) Byer/User’s use or misuse of the Service; (ii) Byer/User’s access to any part of the Service, or (iii) Byer/User’s violation of this Agreement.

Warranty disclaimer.

The service (including, without limitation, the site and any software) and all products are provided on an “as is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability or fitness for a particular purpose this disclaimer of warranties shall be void to the extent prohibited by applicable law.

Limitation of liability.

In no event shall OnTime.lk, its officers, directors, employees, agents, third party licensors, or third party suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service (or any content or information available through the service): (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages, even if foreseeable or (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination). Indemnity.

Buyer/User agrees to indemnify and hold OnTime.lk (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party

Termination of the Agreement.

OnTime.lk may terminate Buyer/User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if OnTime.lk determines there may be an immediate threat to OnTime.lk, it may terminate such access without notice). OnTime.lk may also terminate a Byer/Customer’s account at any time, in its discretion. Upon termination notice from OnTime.lk, Buyer/User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

International use.

OnTime.lk makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where Buyer/User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. Buyer/User is responsible for compliance with local laws when Buyer/User access and use the Service.

Privacy Policy.

OnTime.lk’s current privacy policy is available at the privacy policy, which is incorporated by this reference.

Copyright. 

All content included on the Site, such as text, graphics, logos, button icons, images, and software is the property of OnTime.lk or OnTime.lk’s licensors and other content suppliers – and protected by Sri Lankan and international copyright laws. All software used in connection with the Site is the property of OnTime.lk or its software suppliers and protected by Sri Lanka and international copyright laws.

Electronic communications.

When Buyer/User visits the Site or sends e-mails to OnTime.lk, Buyer/User is communicating with OnTime.lk electronically. Buyer/User hereby consents to receive communications from us electronically. OnTime.lk will communicate with Buyer/User by e-mail, by telephone, SMS, Whatsapp or by posting notices on the Site. Buyer/User agrees that all agreements, notices, disclosures and other communications that OnTime.lk provides to Buyer/User electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Buyer/User except with OnTime.lk’s prior written consent. OnTime.lk may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws as applicable in Sri Lanka. Any disputes will be handled in the competent courts of Sri Lanka.