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These Terms and Conditions govern your use of the City Mall Online website [www.citymall.com.mm] (the “Website”) operated by City Mart Holding Company Limited (“CMHL”, “we” or “us”) and your relationship with CMHL, including any purchases made on or through the Website.

TERMS AND CONDITIONS OF USE OF THE WEBSITE
By registering for and/or using the Website you agree to comply with these Terms and Conditions.

1. Account
1.1 You must register with an account and login before you can place orders on the Website. You are responsible for ensuring that the details you provided on registration or at any time are complete and correct.
1.2. When you register for the Website you will be asked to create a password. You are responsible for keeping this password confidential. You are responsible for all activities and orders that occur under your password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else or if the password is being used in an unauthorized manner.
1.3. By registering for the Website, you consent to receive promotional communication and newsletters from CMHL. You may opt out at any time either by unsubscribing in "My Account" or by contacting customer services on the details given on the Website (“Customer Services”).

2. Availability on the Website
2.1. Although CMHL aims to offer the best service possible, CMHL makes no promise that the service on the Website will meet your requirements. CMHL cannot guarantee that the service will be fault free. If a fault occurs in the service, you should report it to Customer Service Team and we will attempt to correct the fault.

2.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

3. Intellectual property
3.1. The contents of the Website are the sole property of CMHL and may not be copied, reproduced or used for any commercial purpose without the consent of CMHL.
3.2. You may not use the {City Mall} trademark or any other trademarks of CMHL without the consent of CMHL.
 
 4. Right to suspend or cancel your account
4.1. CMHL may suspend or cancel your account with the Website immediately at our discretion if:
4.1.1. you breach any obligation under these Terms and Conditions;
4.1.2. we have any reason to believe that you are using the Website for any fraudulent purpose; or
4.1.3. you breach any law or regulation in the course of using the Website.

5. Third party content
5.1. The Website may include third party content including advertising, sponsorship or customer reviews or links to third party content. CMHL is not responsible for ensuring that the third party content complies with relevant laws and regulations and will not be responsible for any error or inaccuracy in the third party content.

TERMS AND CONDITIONS OF SALE
By placing an order through the Website you agree to comply with these Terms and Conditions.

1. Contract and right of cancellation
1.1. We reserve the right to cancel an order in any of the following cases: (a) if we suspect that you have undertaken a fraudulent transaction; (b) if we suspect that you have undertaken a transaction which does not conform to or violates these Terms and Conditions; (c) if we suspect that you have misused a promotion code; (d) for any reason outside our control including if we encounter delivery related logistical difficulties; or (e) if we suspect that you are using our services to on-sell products to another party.
1.2. You may cancel your order before 3.00 pm, one day prior to the start of the time slot for which you have placed the order by telephoning Customer Care.

2. Availability of Products
2.1. In all circumstances, we will try to fulfill the items in the order that you have placed. However, if we are unable to supply any product or products which you have ordered, we will inform you about the same. The price of the unavailable product shall be deducted from the final order amount. In no event will we be liable to you for unavailability of the products.

3. Delivery and payment
3.1. Delivery will be made to the address specified by you on the completed order form.
3.2. Delivery times will be agreed with you at the time of placing your order.
3.3. We will deliver your order to the main entrance of the delivery address. At your request, our driver may carry your order into the delivery address, for example, to a particular floor in an apartment block or into your kitchen but only if: A. the driver has your permission and B. our driver believes that it is safe and practical to do as you request. We always reserve the right to deliver only to the main entrance of the delivery address.
3.4 Please note that we deliver goods only to specified townships within Yangon. The details of the townships we deliver to area available in the drop-down menu when placing an order or when the website triggers an option to select township - if a township is not listed, we do not currently deliver to that township
3.5. All goods must be signed for by an adult aged 18 years or over. If no adult is available to receive the products, or if you have supplied an incorrect or incomplete delivery address, a further charge may be incurred for delivering the products at another time.
3.6. We make every effort to deliver the products at the time agreed with you. We will not, however, be liable if we fail to deliver the products at such time due to circumstances beyond our control (such as traffic).
3.7. Please make payments for orders in Myanmar Kyat (MMK) to our staff at the time of delivery. In the near future, we look forward to introducing different modes of payment.

4. Returns and refunds
4.1. We have a "no questions asked” return and refund policy which entitles you to return a product at the time of delivery if for any reason you are not satisfied with the quality or freshness of the product.
4.2. Our driver will take the returned product back with them and you do not need to pay for the returned product. The cost of the returned product will be deducted from the total amount due for your order by our driver at the time of delivery.
4.3. Please note that, in all the cases, we reserve the right to not accept returns or refunds of the products after order has been accepted by you. However, in certain circumstances, we may accept the return of products and exchange with them within 7 days of delivery.
4.4. The store specific return policy on the City Mall platform is as follows:
City Mart Grocery (Non Fresh)
Return/ Refund Reasons Return at the time of delivery Within 7 Day Return 30 Day Return Product condition for Return
Wrong Product Yes, no questions asked No No -
Bad Quality Yes, no questions asked Yes, only damaged or expired (To Be Decided by City Mall Customer Care), only exchange no refund No -
City Mart Grocery (Fresh)
Return/ Refund Reasons Return at the time of delivery Within 7 Day Return 30 Day Return Product condition for Return
Wrong Product Yes, no questions asked No No -
Bad Quality Yes, no questions asked No No -
City Care
Return/ Refund Reasons Return at the time of delivery Within 7 Day Return 30 Day Return Product condition for Return
Wrong Product Yes, no questions asked No No -
Bad Quality Yes, no questions asked No No -
City Baby Club
Return/ Refund Reasons Return at the time of delivery Within 7 Day Return 30 Day Return Product condition for Return
Wrong Product Yes, no questions asked Yes, only exchange of same or higher price No New, sealed, gifts with price tags
Bad Quality Yes, no questions asked Yes, excluding underwear, accessories etc due to hygiene related reasons No New with all accessories, gifts with price tags 
Safari Books
Return/ Refund Reasons Return at the time of delivery Within 7 Day Return 30 Day Return Product condition for Return
Wrong Product Yes, no questions asked No No -
Bad Quality Yes, no questions asked No No -
Ocean Electronics
Return/ Refund Reasons Return at the time of delivery Within 7 Day Return 30 Day Return Product condition for Return
Wrong Product Yes, no questions asked Yes, only exchange of same or higher price No New, sealed, gifts with price tags
Bad Quality Yes, no questions asked Yes, only exchange of same or higher price No, contact service center of the product brand New with all accessories, gifts with price tags

5. Product information
5.1. While we work to ensure product information on the website is correct, actual product packaging and materials may be different from that displayed on our website and ingredients may change. All information about the products on the website is provided for information only. We recommend that you do not rely solely on the information presented on the website. Please always read labels, warnings and directions provided with the product before use.

6. Conditions of Sale for Purchase from Third Party Sellers  
6.1       At City Mall Online as well as offering products for sale by CHML, we also facilitate sales to customers by non-CMHL third party sellers (Merchants). The following additional terms apply to all such sales:
a.       Your order is the acceptance of Merchant’s offer to sell their product listed on our website on the terms and conditions of Merchant for the sale, which incorporate these terms and conditions of sale as between you and Merchant.
b.       CMHL will accept payment from you and will arrange for delivery of goods to you on behalf of Merchant but CMHL is not the seller of Merchant products and your contract for the sale and purchase of the products is with the Merchant alone.
c.       The terms of your contract with the Merchant include price, delivery costs, payment method (cash), payment terms, date and time slot of delivery, any warranties (including as from Merchant required under laws), return of products, customer service and any after-sales service. You must ensure that you have obtained a copy of Merchant’s terms and conditions of sale and that you are agreeable to these before placing your order. The Delivery and payment and Returns and refund clauses apply as part of your contract with the Merchant. 
d.       CMHL is not a party to your contract with Merchant and will not involve itself in any claims you may make against Merchant including any disputes in that regard. 
e.       The amount of stock and availability of the products offered by Merchants for sale is in the sole control of Merchant. Merchant retains the right to cancel your order in its sole discretion for any reason.  CMHL may cancel your order in its sole discretion including where the products or Merchant are removed from our website for any reason. To the maximum extent permitted by law, CMHL disclaims all warranties and liabilities to you in respect of your purchases of the products and any claims which you may have should be settled with the Merchant direct. 

7. Privacy Policy  
7.1 The City Mall Online Privacy Policy details the matter in which information relating to you is collected, used and disclosed. It is hereby incorporated into these terms and conditions.
7.2 You should carefully read and understand our Privacy Policy, as by accessing our Website and our apps you agree to be bound by the terms and conditions of the Privacy Policy and consent to the collection, storage and use of information relating to you as provided herein.
7.3 If you do not agree with the terms and conditions of our Privacy Policy, including in relation to the manner of collection or use of your information, please do not access or use the Website or our apps.

GENERAL
1. Amendments
We reserve the right to amend these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time that you use the website or place an order. If any of these Terms and Conditions is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

2. Applicable law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of the Union of Myanmar and any disputes will be decided only by the courts of Myanmar.

3.International use
CMHL makes no promise that the Website is appropriate or available for use outside the Republic of the Union of Myanmar. If you choose to access the Website from locations outside the Republic of the Union of Myanmar you do so at your own risk and are responsible for complying with local laws.

4. Children
If you are under 18 you may only register for or use the Website or place orders with the involvement of a parent or guardian.

5. Our contact details
Our contact details are:

City Mart Holding Company Limited
Company number 341 of 1996-1997
No 1-11, Padonmar Stadium (East Wing), Bargayar Street, Sanchaung Township, Yangon, The Republic of the Union of Myanmar
 Version 09 July 19