Accessing this website (“Site”) constitutes your agreement to the following Terms and Conditions (“Terms”). If you do not agree with these Terms, you may not access the Site.
The Site is operated by Genusys Inc. (“Genusys,” “us” or “we”). We are a company incorporated in Texas and our principal place of business is located at 209 State Hwy 121 Bypass, Suite 31, Lewisville, TX 75067, USA.
We reserve the right to revise these Terms at any time. As such, you should check these Terms periodically. Changes will not apply to any orders we have already accepted unless the law requires otherwise. If you violate any of the terms of these Terms you will have your access canceled and you may be permanently banned from accessing the Site. If you access the Site after we have posted changes to these Terms, such access shall constitute your acceptance of those changes, whether or not you actually reviewed them.
To view our Privacy and Security Policy, click here. We created the Privacy and Security Policy to inform you about our collection and use of information we collect when you access the Site.
gTalk® Shop is registered service marks of Genusys Inc. in the United States and some other countries. Our graphics, logos, page headers, button icons, scripts and service names are protectable under applicable trademark law. Our trademarks may not be used in connection with any product or service that is not authorized by us in writing, in any manner that is likely to cause confusion among customers, or in any manner that discredits us. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with or sponsored by us.
If you use the Site, you are responsible for maintaining confidentiality of the information you submit through the “My Account” feature and the corresponding password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under the “My Account” feature or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
The Site is provided on an “AS IS”, “as available” basis. We do not warrant that your use of the Site will be uninterrupted or error-free. We do not warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. We make no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. We specifically disclaim warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by us shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole own risk.
Under no circumstances shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to our records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if one of our authorized representatives have been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer or associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. You agree not to harass, advocate harassment, or to engage in any conduct that is abusive to any person or entity. You are prohibited from sending or otherwise posting unauthorized commercial communications (such as spam) through the Site. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you (e.g., through an author chat, online review, or participation in our Community tab), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect our rights or property, our users and customers and/or you. We reserve the right, but not the obligation, to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers, our rights or any third party. We assume no liability for any action or inaction with respect to conduct, communication, or content on the Site.
For any information or data (collectively “User Content”), sent, transmitted, or uploaded by you on the Site, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to access the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms or is harmful to the interests of other users, associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading. We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Genusys.
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Dallas, Texas, USA. Arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer by you to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider's inventory.
MINIMUM ORDER QUANTITY
There is no minimum $ limit for a single order.
MAXIMUM ORDER VALUE
There is no upper $ limit for a single order. However for placing order valued over $300 please contact our 24/7 customer support at +1 (347) 801-8500.
An order will be considered completed when recipient have acknowledged the delivery of the merchandise purchased.
PAYMENT AND CURRENCY CONVERSION
gTalk®Shop accepts payments via Visa, Master Card, Discover and Paypal only. All international currency conversion is calculated by the credit card issuing banks and PayPal as the case may be. gTalk®Shop does not have any influence on the currency conversion rate.
Products offered on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced, the quantity or availability of a product may have changed just prior to you placing your order or other errors may be displayed on the product page. We will normally verify prices, availability and confirm there are no errors on the product page as part of our dispatch procedures.
Error: Where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or cancel your order and notify you of such cancellation. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation.
Availability: On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider's inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
We reserve the right to correct any errors, inaccuracies or omissions on a product page. We reserve the right to rescind our acceptance and cancel your order without penalty in the event there is an obvious and unmistakable error on the product page, in our reasonable discretion. If you have already received your order, we will do our best to resolve your concern.
Since we sell products for export i.e. delivery to recipients in Bangladesh we are not required to collect and remit sales tax for purchases. However, depending on the changes in tax laws in the future we may have to collect sales tax or VAT.
PRICING AND TRANSACTION CURRENCY
Pricing of products available for purchase and related payments or refunds will be in US Dollar irrespective of the country from which the order is placed.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has “shipped”, marks the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. You agree that credit cards, debit cards and Paypal accounts are to be charged on the date of inventory reservation for the order, not the date of shipping.
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
We aim to ship most items presented on gTalk®Shop website within 72 hours of placing an order. However, delivery may get delayed if sufficient information on delivery address and recipient’s contact number was not provided while placing an order or we are unable to contact the recipient for delivery. Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Shipping Confirmation, which could in exceptional circumstances be longer than 14 days. You have the option at checkout to select time window in a day to select as your delivery time. gTalk®Shop holds the right to alter delivery time depending on current situation, such as flood, traffic etc. Your order will not be subject to refund if it is delivered within your selected delivery date. Your order can be subject to refund if we fail or unable to deliver on the delivery date that you have selected during order. It is customer's responsibility to provide correct address and contact details of the recipient. gTalkShop is not responsible for delay in delivery or no show on delivery date and time due to wrong information in the order.
gTalk®Shop will generally be able to deliver purchased products, other than non-perishable ones, anywhere in Bangladesh . gTalk®Shop will however take orders and deliver food items and other perishable products only in Dhaka metropolitan area.
ORDER CANCELLATION & RETURN OF GOODS
At gTalk®Shop, we are committed to providing our customers with best possible shopping experience and satisfaction. That is why we have a hassle-free return policy in place.
Order Cancellation: Customers will have a cooling off period of 30 minutes after placing an order except for mobile top up service. During the 30 minute cooling off period following submission of an order, the customer is free to cancel the entire order and receive a full refund back to the original payment method used to place the order. This facility provides for customers to have a chance to rectify any mistake in placing the order. An order cannot be cancelled by the customer after 30 minutes of placing the order.
We will issue full refund if we refuse/cancel an order that you have paid for within 48 hours of such cancellation.
Return of Goods: We do not issue any cash refund. If you are not satisfied with any non-perishable item and/or related delivery service, the customer or the recipient must notify us of the issue within 24 hours of delivery to qualify for exchange or store credit. If a product quality is in question, we will contact the product supplier and arrange replacement.
Perishable items are not subject to any refund. We are not responsible for preserving perishable products (cake, flower, food items etc.) after delivery.
If an order contains both perishable and non-perishable items, only non-perishable items in the order can be subjected to an exchange or be returned for store credit.
In order to process a return, simply call us on +1 (347) 801-8500 or email us on firstname.lastname@example.org within 24 hours of delivery. You will have 14 days from the delivery date to drop the item(s) in question to our Dhaka Office or any other location designated by us. The item(s) must be repackaged in the original packaging and in good condition for it to qualify for store credit. We will issue store credit to your account within 7 days of receiving the item(s) in good condition.
gTalk®Shop will not swap, change, exchange any gift item after the recipient has signed for and received the gift.
Products such as flower bouquet, cake design can vary from advertised design on our site due to different season in Bangladesh, different or new chef in a bakery etc. Such products will not be subject to return as long it is reasonably similar to the advertised product.
gTalk®Shop does not produce any goods or services it sells through this site. It is a delivery service provider. Any health issue caused by any product we sell is not gTalk®Shop’s responsibility. We will disclose the full details of supplier or producer to our customers or the recipient if it is requested from us.
SALES & MARKETING COMMUNICATIONS
When you join and provide us with your email address and/or mobile phone number, you agree that we may send you email/text messages (including multimedia content) to your email address/phone number. In order to receive assistance or help, simply contact our customer service department by visiting our website Contact Us or by dialing +1 (347) 801-8500 if you live in the U.S. or Canada. You agree to notify us of any changes to your email address/mobile number and update your account(s) with us to reflect this change. You also agree that we will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. Data obtained from you may include your email address/mobile phone number, your provider's name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the SMS services. All data collected is subject to our Privacy and Security Policy.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our Privacy & Security Policy, Mobile App Terms and all other policies posted on the Site, all of which are incorporated herein by this reference. These incorporated policies also govern your visit to the Site. We reserve the right to make changes to the Site, any incorporated policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.