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TERMS OF SERVICE

Here are the terms and conditions that govern the provision of our products to you. Please carefully review these terms before making a purchase with us. These terms contain important information about your buying experience. If you believe there might be errors in these terms, please inform us. We reserve the right to modify these terms and conditions without prior notice, and any revised terms will be posted on our website. The terms and conditions available on the website or app at the time of your order will apply to that particular purchase. If you are purchasing our products in one of our physical stores, specific terms outlined in clause 14 will be applicable.

Who we are and how to reach us

1.1 Our Identity: We are BAMN, an up and coming brand in Bangladesh. Our primary office is located at House 52, Road 4, Block D, Bashundhara R/A

1.2 Contacting Us: You can contact us through https://bamnathleisure.com/contact-us/ or via the contact number provided on our social media.

1.3 Contacting You: When necessary, we will contact you via the email address or contact number you provided during your online order placement.

Placing an Order

2.1 Ordering Process: You can place orders on our website or social media. Once you have added the desired product(s) to your cart, you will proceed to the checkout, where you will be required to input your contact details, delivery information, and billing information. It is crucial that you thoroughly review your order (e.g., product(s), size(s), and delivery address) before clicking the “Place Order” button.

2.2 Order Acceptance: Your order constitutes an offer from you to purchase the product(s) in your cart. After placing your order, you will receive an email confirming that we have received it. Our official acceptance of your order occurs when we contact you to confirm the dispatch of your product(s). At this point, a contract is formed between you and us. Our confirmation email will also include your order number, which should be referenced when contacting us regarding your order.

2.3 Order Placement Restrictions: To order our products, you must be at least 18 years old and have the authorization to use the payment method for the products you wish to purchase. If you are under 18, you may place an order only with the involvement of a parent or guardian.

Our Right to Cancel Your Order

3.1 Unfulfilled Orders: In the unlikely event that we cannot fulfill your order (e.g., due to product unavailability, billing issues, shipping to a place we do not serve, or pricing or product description errors), we will notify you by email, and you will not be charged for the product.

3.2 Unusual Activity: Our products are intended for personal use, and we may cancel an order if we detect unusual or suspect activity related to commercial, business, or resale purposes. If this occurs and you believe it to be an error, please contact our customer service team through our online form or our app’s support section.

3.3 Suspension of Product Supply: We may temporarily suspend the supply of a product to you for reasons such as:

  • Addressing technical issues or making minor technical modifications;
  • Updating the product to comply with changes in relevant laws and regulations;
  • Implementing changes to the product as communicated by us to you.

Our Products

4.1 What We Offer: We provide fitness gear, which includes clothing and accessories.

4.2 Product Descriptions: The images of our products (and their packaging) displayed on our website and app are for illustrative purposes only. We strive to ensure accurate color representation, but we cannot guarantee that your device’s display will exactly match our product colors.

4.3 Gift Cards: You can purchase gift cards from us, just like any other product. However:

  • If you buy a gift card online, it will be issued to you as a digital code.

  • Gift cards are valid for 12 months from the date of purchase.

Delivery

Your Rights to End the Contract

6.1 Contract Termination: You have the option to terminate your contract with us. Your rights upon ending the contract depend on what you purchased, whether there are any issues with it, how we are performing, and when you choose to end the contract. Your legal rights are not affected by these terms.

6.2 Faulty or Misrepresented Products: If what you purchased is faulty or substantially differs from our website or app descriptions, you may have the legal right to terminate the contract, get a product replacement, or receive a refund. The return is free in Dhaka if you return the product to us within 24 hours (unless otherwise stated on our website or app) from the date of receipt.

6.3 Immediate Contract Termination: The contract will end immediately under specific circumstances, and we will refund you for any unpaid products. These situations include:

  • We inform you about an upcoming product change or term alteration that you disagree with.
  • We inform you about a pricing or product description error, and you choose not to proceed.
  • Supply of the products may be significantly delayed due to external events beyond our control.
  • Suspension of product supply for technical reasons, or notification of a suspension for more than four weeks.
  • You have a legal right to terminate the contract due to our wrongdoing.

Returns and Refunds

7.1 Contract Termination Notification: To end the contract, ask questions, or express complaints about a product, contact our customer service team through our online form at https://bamnathleisure.com/contact-us/, social media inbox, phone or other available options on our website or app. Provide your name, delivery address, order number, and email address for a prompt resolution.

7.2 Returning Items After Terminating the Agreement: If you decide to terminate the contract for any reason after the products have been dispatched to you or received by you, you must send them back to us. The procedure for returning products to us is detailed in our Returns Policy. Please visit our Returns Portal on gymshark.com/returns or through our app, where you should enter the necessary details, including information about the product(s) you are returning and the reason(s) for the return. Then, follow the provided instructions, which may include printing a returns label. After completing this process, you should drop off the package containing the product(s) you’re returning, ensuring that the returns label is securely attached, at one of the designated collection points, including our physical stores. If you’re returning a product purchased through our website or app to our store, please ensure you bring your original order number with you. Unless stated otherwise on our website or app, make sure the products are returned to us within 30 days.

7.3 Refunding You: We will refund the price you paid for the products, including any applicable delivery costs, by the payment method you used. If you used a combination of card and gift card for your purchase, the refund will be credited to the gift card first. If you used a discount code when purchasing the product, the refunded amount will be adjusted to account for the discount you received. We will process your refund as promptly as possible. If you’re exercising your right to change your mind, you’ll receive your refund within 14 days from the day we receive the unused product back from you. 

Our Right to Terminate the Contract

8.1 Ending the Contract Due to Your Breach: We reserve the right to terminate the contract for a product at any time by notifying you in writing if:

8.1.1 You fail to provide us with necessary information, such as the delivery address, within a reasonable timeframe after our request; or

8.1.2 You do not allow us to deliver the products to you within a reasonable timeframe.

8.2 Refunds: If we terminate the contract as outlined in clause 8.1, we will refund any payments you’ve made to us for products that we have not delivered. 

Pricing and Payment

9.1 Finding the Product Price: The product’s price, which includes VAT, will be the amount displayed on the order pages when you placed your order. We take care to ensure that the price we communicate to you is accurate. Please refer to clause 9.4 for information on what happens if we discover an error in the product’s price. We also offer alternative payment options through BKash. 

9.2 Changing Product Prices: We may occasionally adjust the prices of some of our products. In such cases, we will update the prices on our website. If you placed an order for a product before the price change, the price will be the one stated on our website at the time you made your order.

9.3 Addressing Price Errors: Despite our best efforts, pricing errors may occasionally occur with the products we offer. We typically review prices before accepting your order. If the product’s correct price at the time of your order is lower than the price we initially stated, you will be charged the lower amount. If we accept and process your order despite an obvious and unmistakable pricing error, which you could have reasonably recognized as such, we may terminate the contract, refund any payments you’ve made, and request the return of any provided products.

9.4 Payment Timing and Method: We accept payment through cash on delivery or BKash. 

Please be aware that we retain the authority to revoke or temporarily suspend BKash options at any time at our sole discretion.

Discount Codes

10.1 Periodically, we will issue discount codes (“Codes”) via email or other marketing channels. These Codes permit a discount to be applied to a new order on www.bamnathleisure.com. To utilize a Code, please enter it during the checkout process and make sure to click “apply.”

Please note: Codes have a specified limited duration, as outlined in the relevant email or marketing communication, and they cannot be used outside of this timeframe.

  • Codes, unless expressly indicated in the relevant email or marketing communication, are exclusively valid for full-priced items and cannot be employed for sale, or promotional items, or for the purchase of gift cards.
  • Only one Code can be applied per order. Codes cannot be combined with any other offer and are not accessible to Gymshark Ltd staff or its affiliated companies.
  • Codes are non-transferable, and cannot be exchanged for cash.
  • Codes cannot be used to cover delivery charges.
  • When items are returned, the refund amount will reflect the discounted price paid (with the discount applied proportionally). If an order initially met a qualifying spend requirement for a Code but later falls below that threshold due to returned items, the value of the offer may be subtracted from any refund. This does not affect your statutory rights, and discounts will not be applied to items subsequently replaced.
  • Order acceptance is contingent upon stock availability and our discretion. We reserve the right to refuse orders if, in our reasonable judgment, a Code is not valid for the order or is associated with improper use or fraudulent activity.
  • We maintain the right to modify, withdraw, or extend offers, providing reasonable notice, at our discretion.

10.2 Specific terms and conditions applicable to each Code are provided in conjunction with the respective email or marketing communication in which the Code is featured. 

Our Responsibility for Your Loss or Damage

11.1 We are liable to you for foreseeable loss and damage resulting from our actions. If we fail to adhere to these terms, we are responsible for any loss or damage you experience that is a reasonably expected outcome of our breach of this contract or our failure to exercise reasonable care and skill. However, we are not responsible for any loss or damage that is not reasonably foreseeable. Loss or damage is considered foreseeable if it is clear that it would occur or if, at the time of making the contract, both parties were aware it might happen.

11.2 We do not exclude or limit our liability in any way when it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, as well as liability for fraud or fraudulent misrepresentation, breach of your legal rights regarding the products (including the right to receive products as described, of satisfactory quality, fit for a particular purpose, and supplied with reasonable skill and care), and for defective products under the Consumer Protection Act 1987.

11.3 We are not responsible for business-related losses. We supply products solely for personal use. If you use the products for commercial, business, or resale purposes, we hold no liability for any loss of profit, business interruption, loss of business, or loss of business opportunity. 

Other Important Terms

12.1 We may transfer this contract to another party. We may transfer our rights and obligations under these terms to another organization. If we intend to do this, we will notify you. If you are dissatisfied with the transfer, you can contact us to terminate the contract within seven days of our notification, and we will refund any pre-paid amounts for products not yet provided.

12.2 Your rights or obligations under these terms can only be transferred with our consent in writing.

12.3 This contract is exclusively between you and us. No other individual or entity has the right to enforce any of its terms.

12.4 We retain the flexibility to make changes to these terms as needed. We may modify these terms at any time to align with legal adjustments or for other reasons. The most recent version of our terms will always be accessible on our website and/or our app, so we recommend reviewing them before placing an order for our products to remain informed about any potential changes since your last visit to our website or app.

12.5 If any part of this contract is found to be illegal, the remainder of the contract remains in force. Each section of these terms operates independently. If any court or relevant authority determines that any part of them is unlawful, the remaining sections remain in full effect.

12.6 Our right to enforce this contract is not forfeited even if enforcement is delayed. Our decision not to immediately insist that you adhere to any obligation under these terms, or if we delay in taking action against any breach of this contract, does not waive your obligation to fulfill those terms, nor does it prevent us from pursuing action against you at a later time.

12.7 This contract is governed by Bangladesh law, and disputes may be addressed in Bangladeshi courts.