This Agreement ("the Agreement") outlines the terms and conditions governing the user's, (buyers, sellers, Resellers and other users) access and use of the Professionaltextbooks.lk website .The term Professionaltextbooks.lk also means the owning company of the website Pix Ecom Pvt Ltd which is a limited liability company registered under the company’s act 7 of 2007 of Sri Lanka. In this agreement Professionaltextbooks.lk refers to the legal entity Pix Ecom (Pvt) Ltd. and can be used interchangeably in this agreement. By accessing and/or using this web site each user agrees to be bound by these terms and conditions. Kindly ensure that the terms and conditions are read carefully. Professionaltextbooks.lk reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. The user is responsible for regularly reviewing this agreement and his/her continued use of the Professionaltextbooks.lk web site constitutes an affirmative acknowledgement of any modification to this Agreement and consent to be bound by its terms.
Professionaltextbooks.lk provides a web-based platform for Sellers/ Reseller so list books and buyers to buy and complete transactions. Professionaltextbooks.lk also acts as a venue for Sellers/ Resellers to list international school text books and Buyers to find books and purchase them. The Seller warrants that he/she is legally entitled to sell the books and the Buyer warrants that he/she is in a position to buy them. Professionaltextbooks.lk does not provide a guarantee for the "condition" and "description" books listed on the web site by sellers/resellers. It is the responsibility of the Seller/resellers to describe the books and its condition accurately and is free to set his own price. The buyer has the right to inspection the book and decide if we wants to accept the book he has purchased online. The buyer waives the right to inspect the book when he requests delivery as the courier cannot accept returns. While Professionaltextbooks.lk encourages Sellers/ Resellers to be realistic in their assessments, it is responsibility of the Buyer to determine the appropriateness of a Seller's assessments of the goods. Professionaltextbooks.lk cannot and does not confirm any User's (seller/buyer) identity.
FOR BUYERS Purchasing Books
Professionaltextbooks.lk does not describe the products that Sellers/ Resellers who use its Sites sell via its platform. The Sellers/ Resellers describe these products. Therefore, Professionaltextbooks.lk does not warrant that any product descriptions or other content of our Sites are accurate, complete, reliable, current or error-free. It is up to the buyer to verify the information provided by the sellers/resellers.
Except where noted otherwise, prices displayed for products on our Sites represent the seller's price, not ours. Each seller is free to set his own price. The price set by the seller is unique to his own book. There may be similar books listed by different sellers at a higher or lower price. It is upto the buyer to verify all prices before he purchases. Return of books are not permitted due to a price problem
Professionaltextbooks.lk offers facility to a large number of individual Sellers/ Resellers and bookshops to sell their books online. These individual Sellers/ Resellers and bookshops offer books and set prices and this price is unique to that particular book. You may find the same title at different prices according to its usage and condition. Because of this, prices and availability of products on the site are subject to change. Once a book is sold out we cannot guarantee that there will be more books available at that same unique price. Books may sell out quickly. How quickly you may ask, for example there may be a change in the product's availability from the time the product has been placed in your shopping cart but before the transaction has been completed. Due to this, if you see a book that you want at a price you like, we request you to order online and complete the transaction quickly.
CONDITION OF BOOKS / INSPECTION OF BOOKS/ PICKUP OF BOOKS / DELIVERY OF BOOKS
Orders will be charged at a nominal charge based on a rate of a 3rd party courier service provider. PLEASE NOTE by requesting delivery of your purchases you have made online you are waiving your right to inspect the books prior to accepting deliver. The courier cannot accept returns. Your delivery order will be processed for the delivery within 24 hours once your payment has been received. Orders placed on a weekend or holiday or after 1:00pm will not be processed until the next working day. Business days are from Monday to Friday excluding Public, Bank and Mercantile holidays. We will make every effort to ensure that your order reaches you within 5 working days. In some exceptional circumstances delivery will not be possible on the promised date. Professionaltextbooks.lk will not be held liable for such delays in delivery. You will be notified by email or through telephone in the event that an item you ordered is out of stock. Once your payment has been processed an order confirmation email will sent to you.
Returns are possible only for new books delivered to your doorstep by our courier. A brand new book purchased from our website can be returned within 07 days. But the books have to be in original saleable conditions. If the product is not in an original, saleable condition we will refuse the right to return it or deduct up to 50% of the original selling price from the refund amount. Please email us at info@Professionaltextbooks.lk with your contact number and order number so that we could send our courier to pick up the return. There will be an additional courier charge to pick up the returns. After the return, your refund amount will be made to your credit card within 5 working days. If you haven't purchased from a credit card the refunds will be made by a cheque within 10 days from the books return date. Please note we do not accept returns of used books listed on our website. All sales of used books by Sellers/ Resellers are final and cannot be returned.
FOR SELLERS/ RESELLERS selling books
1. Seller's Obligations with respect to Listing Items
1.1 Sellers/ Resellers Warranties. By listing an Item for sale:
a. You represent and warrant to prospective buyers that: (a) you are the true owner of the Item or are properly authorized to sell the Item by the true owner and (b) the listing is accurate, current and complete and is not misleading or otherwise deceptive;
b. Sellers/ Resellers will determine the purchase price for each of their Items offered for sale on our Web Site.
1.2 Compliance with Applicable Law
Each seller/reseller further warrants that the sale or distribution of the Item is not in breach of applicable law This responsibility includes, but is not limited to, ensuring that, (a) any Items sold bear appropriate intellectual property designations where required or authorized by applicable law, (b) any Items sold otherwise comply with all applicable law regarding their sale.
1.3 Listing Rules
In addition to any other listing rules that may apply to a seller/reseller, whether identified as a "listing rule" or not, each seller/reseller is required: To be honest about the condition of Items listed for sale on our Web Site.
2. Seller's Fees
2.1 Professionaltextbooks.lk charges fees per Item sold. The fee is 15% of the listed sale price or Rs. 100.00 (whichever is higher). Professionaltextbooks.lk will pay to each seller/reseller their listed prices less the 15% or Rs. 100.00 (whichever is higher) fees less any applicable taxes or delivery/ administrative charges. By listing an Item on our Web Site for sale, you agree to pay 15% or Rs. 100.00 (whichever is higher) of the selling price of the items sold plus any charges and Taxes therewith if applicable. The Fee Schedule and Payment Terms may vary from time to time. The Fee Schedule and Payment Terms in effect on the date of listing the relevant Item for sale will govern the transaction. You should check the fees and terms each time you sell an Item.
The sales price may be subject to Taxes, which seller/reseller must collect, report and remit as required by law. Professionaltextbooks.lk assumes no obligations or liability in this respect.
3. Right of Recovery.
Professionaltextbooks.lk retains the right to seek reimbursement from the seller/reseller if it, in its sole discretion, decides to reimburse the buyer under the terms of any Professionaltextbooks.lk customer guarantee, or if Professionaltextbooks.lk otherwise compensates the buyer, or if Professionaltextbooks.lk receives a charge back from the buyer's credit/debit card or other credit or payment processor issuer for the amount of the buyer's purchase from the seller.
In order to sell Items through our Web Site, you must register with Professionaltextbooks.lk Once a seller's book is sold and the 'SALE IS COMPLETED" funds are transferred to a seller/reselller, (at Professionaltextbooks.lk 's sole discretion) by cheque issued to that seller/reseller on the relevant payment cycle dates as described below, after 14 business days FROM THE DATE OF THE TRANSACTION, when the "SALE IS COMPLETED". A buyer who has purchased new books from bookshops and had the books delivered to his doorstep has 07 calender days to return the goods and the "SALE IS COMPLETED" only if the buyer does not return the goods within the 14 day period. Professionaltextbooks.lk utilizes two payment cycle dates, one ending on the 15th day of each calendar month and the other at the end of each calendar month. A seller must provide Professionaltextbooks.lk with true and accurate information when registering and must maintain and update that information as applicable. A seller must not impersonate any person or use a name he/she/it is not authorized to use. Each seller authorizes us to use any information provided to us in registering to verify his/her its information For purposes of this Participation Agreement, a Business Day is any Monday through Friday but not including any day on which banks in Sri lanka are generally are closed. We reserve the right to delay initiating a Payment Transaction transfer to a Seller's Account (including sending cheques) pending an investigation if we, in our sole discretion, believe the seller may have breached this Participation Agreement. All notices will be sent by e-mail to seller has supplied to us. Sellers/ Resellers must monitor his/her/its e-mail messages frequently to ensure awareness of any notices that we may send. We reserve the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse a buyer under the terms of any customer guarantees, provide a refund to the buyer if the seller has made a false or false misrepresentations about his/her/its products listed Inspection of Items. Seller agrees that the Buyers has the right to inspect the new books delivered to the buyers doorstep and has 07 days to return the book if not satisfied for whatever reason including Wear and Tear Seller agrees that the items listed for sale on our website can be handled by many potential buyers prior to the sale and subject to wear and tear. If for whatever reason if the is book is not in the condition originally handed over to Professionaltextbooks.lk, they Professionaltextbooks.lk will not be held responsible or liable for such wear and tear. The seller acknowledges wear and tear in the handling prices of listing and selling or returning a book and will not hold Professionaltextbooks.lk liable for any damage or wear and tear. Professionaltextbooks.lk facilitate purchases and sales. Professionaltextbooks.lk is not the purchaser of the seller's goods or a guarantor of either the quality of the Items sold General RequirementsGeneral Requirements
1.1 Eligibility and Registration Requirements
a. Use of the Services is limited to parties that can lawfully enter into and form contracts under the laws. Professionaltextbooks.lk does not permit individuals under the age of 18 years to use the Services.
b. Only Sellers/ Resellers who register and enter into this Participation Agreement ("Participants") may participate in any of the Services that Professionaltextbooks.lk offers on our Web Site. In order to sell Items at the Web Site, you agree to use (and supply information appropriate) to Professionaltextbooks.lk payments services.
c. To register as a seller on our Web Site, unless we agree otherwise in writing: (i) you must be a resident of, or a business established in, Sri Lanka; (ii) the goods you are selling must be physically located in Sri Lanka at the time of sale. Please note that if you are selling goods in the ordinary course of your business, to make that fact clear in your listing to potential buyers.
d. To register as a seller on our Web Site, you must provide your real name, your actual address, your actual phone number, your actual e-mail address, NIC number and payment information. You warrant that the information you provide during the registration process (and any notification of change of such information) is true and correct. If such information should change, you promise that you will notify promptly of the particular changes.
e. Professionaltextbooks.lk reserves the right to reject any registration in its sole discretion.
f. If you provide false or incorrect registration information or do not notify to Professionaltextbooks.lk of changes to your registration information immediately, to Professionaltextbooks.lk reserves the right to terminate and suspend any payment due to you.
g. You are responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and you are solely responsible for any use of or action taken under your password on this Web Site. If your password is compromised you must change your password.
h. Unless otherwise indicated, Professionaltextbooks.lk itself and its affiliates may sell or purchase good and services on its Web Site from time to time. When Professionaltextbooks.lk or its affiliates offers Services for sale or purchases Services from other sellers, neither Professionaltextbooks.lk nor its affiliates (as the case may be) are regarded as a "seller" for purposes of this Participation Agreement.
1.2 Prohibited Items
Any Participant may list an Item for sale or purchase on our Web Site. However, the following Items must not be listed on our Web Site by any seller Offensive material, including material that incites racial hatred or promotes discrimination, Obscene material, including pornographic material, Infringing Items [e.g., Items that infringe another party's copyright, patent, trademark, trade name, service mark, design right, database right or other intellectual property or other proprietary right (e.g., pirated software, CDs, videos and DVDs, OEM software and so on), and this includes unauthorized replicas, pirated, counterfeit and knockoff Items]; f. Recopied media, which includes copies, dubs, duplicates or transfers of books, music, videos, television programs, radio programs, concerts, DVDs, software, etc.; Prohibited Items, which means Items whose sale, distribution or offering for sale is prohibited by any applicable law; Certain Software, including software that has been copied or duplicated in any format, academic (including solutions manuals), OEM, backup, promotional or beta (pre-release) software, used software (unless the seller sells the disk and original serial number/password and activation codes) or unauthorized freeware or shareware. Otherwise unauthorized and unlicensed merchandise.
1.3 Professionaltextbooks.lk 's Role
Professionaltextbooks.lkis not an auctioneer, nor an intermediary between the buyer and the seller. Professionaltextbooks.lk provides a web-based platform for Sellers/ Resellers to list books and buyers to negotiate and complete transactions.
Professionaltextbooks.lk., in its sole discretion, may terminate this Participation Agreement, access to our Web Site or the Services, or any sales or purchases or offers for same, immediately and without notice.
1. 5 Professionaltextbooks.lk 's Reservation of Rights
Professionaltextbooks.lk retains the right, if it considers it appropriate, to: immediately halt any sale or purchase; prevent or restrict access to our Web Site or the Services; or take any other action to restrict access to or availability of or remove any objectionable material, feedback, ratings, inaccurate listings, inappropriately categorized Items, unlawful Items or Items prohibited for listing on our Web Site under this Participation Agreement
1.6 No Warranties.
OUR WEB SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. Professionaltextbooks.lk MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT OUR WEB SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON OUR WEB SITE WILL BE AS REPRESENTED BY SELLERS, LAWFUL TO SELL, OR THAT SELLERS/ RESELLERSOR BUYERS WILL PERFORM AS PROMISED; (d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (e) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF Professionaltextbooks.lk TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Professionaltextbooks.lk DISCLAIMS ANY AND ALL SUCH WARRANTIES. IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE INC Professionaltextbooks.lk(AND ITS EMPLOYEES, REPRESENTATIVES AND AGENTS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
1.7 Limitation of Liability
a. TO THE FULLEST EXTENT PERMITTED AT LAW, Professionaltextbooks.lk WILL NOT BE LIABLE UNDER ANY LEGAL THEORY, STATUTE OR OTHER RULE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF REVENUE OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE PARTICIPATION AGREEMENT, OUR WEB SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR FEEDBACK OR RATINGS POSTED TO OUR WEB SITE OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES
b. Anything else contained in this Agreement to the contrary notwithstanding, neither party excludes any liability for death or personal injury to the extent only that it arises as a result of the negligence of that party, its employees, agents or other authorized representatives.
1.8 Taxes on the sale of goods by Sellers; Seller's Duties.
You agree that it is the seller's responsibility to determine whether any Taxes are due with respect to the sale of any Item. You agree to collect, report and remit the correct tax to the correct governmental authority all such Taxes. You agree that, unless we agree otherwise in advance in writing, the price stated by any seller for any goods or services offered on our Web Site must include any Taxes. You also agree that Professionaltextbooks.lk is not obligated to determine whether any Taxes apply to any sale of any goods or services by a seller to a buyer on our Web Site and is not responsible for collecting, reporting or remitting same. No seller may charge or seek to charge the buyer for any Taxes in any amount beyond the sales price (as displayed on our Web Site) for any Item in question.
1.9 Listing Constitutes Offer.
Users may purchase an Item for sale by clicking on the "Buy" button on the relevant Item's page, provided that the Item is still showing as having a quantity of stock remaining. The seller's listing of an Item for sale or purchase constitutes an offer to each Participant to purchase the Item at that price and the act of clicking on the "Buy" button by a Participant constitutes acceptance of that offer. Such acceptance will become effective on receipt by our Web Site of such act. A seller may not retract an Item listed for sale or purchase at any time and is bound by any offers accepted
The Site and the Content are protected by copyright law & belong to Professionaltextbooks.lk or its partners. The copyrights in the Content are owned by Professionaltextbooks.lk or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Site as an employee or member of any business or organization, you may download and reprint content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Professionaltextbooks.lk Admin. With the exception of the Sample Images, you may not manipulate or alter in any way images or other Content on the Site
1.11 Online conduct
Professionaltextbooks.lk has at its sole discretion to restrict or (restrain/ inhibit) any user from accessing, using or enjoying the benefits of Professionaltextbooks.lk . By the use of Professionaltextbooks.lk you agree with the given terms and conditions and only for any lawful purpose. You are prohibited or restricted from posting or transmitting through Professionaltextbooks.lk any harmful, unlawful, abusive, threatening, defamatory, harassing, profane, vulgar obscene, sexually explicit, hateful, ethnically, racially and/ or otherwise which will be an objectionable material of any type including but not having any limit to any such material that encourages/motivates conduct which constitutes a criminal offensive, violate any applicable local, state, national or international law or give hand to civil liability. You also agree to not use any false/fake e-mail addresses, impersonate any individual or mislead the origin of a credit card or any content or attempt and such similar acts and also agree that Professionaltextbooks.lk will not be used to transfer unsolicited advertising or promotions or any other form of solicitation to any other individual who uses Professionaltextbooks.lk apart from specified areas, if any that are specially for any such purpose. The requirement of these Terms and Conditions are for the advantage and betterment of Professionaltextbooks.lk, its providers, merchants, sponsors, licensors or any of its affiliates and shall reserve the right to declare and/or enforce any such provisions directly or on its behalf.
1.12 Termination of useage
Professionaltextbooks.lk reserves it's right to suspend and/or terminate your access to all or a part thereof, without prior notice, for any behavior/conduct that Professionaltextbooks.lk in its sole discretion considers as violation of any applicable law or harms the interest of users, licensor, merchant, third party, service provider or Professionaltextbooks.lk