1.1. The terms and conditions agreement regulates the purchase and sale agreement between the purchaser/buyer and Folk Market, the seller, and relevant to any purchase made through e-commerce website www.FOLKMARKETGEMS.COM (hereinafter "website"). This website, owned by M/S SHF a registered identity, with its registered office LDA-67 Itifaq Colony No.2 Wahdat Colony, Lahore, Pakistan,54000. Folk Market is a registered trademark of M/S SHF.
1.2. The purchases of the products made through the Website foresee the parties being Folk Market as the seller (hereinafter: the “Seller”), and the party that proceeds with the purchase of one or more products (hereinafter: the “wholesaler, retailer or common consumer”), the (Seller and Customer, hereinafter, referred to together as the “Parties”).
1.3. The Owner has all the rights to the name of the domain of the Website, the logos, the registered trademarks, relevant to the products presented on the Website, and the copyright relevant to the Site and its contents.
1.4. Any communication made by the buyer connected and/or related to the present contract - including any reports, complaints, requests concerning the purchase and/or the delivery of the products, the exercise of the right to withdrawal, etc. - must be forwarded to the Seller to the addresses present on the Website and the e-mail email@example.com
1.5. In order to validly execute the present agreement the age of majority (18) and the legal capacity to act are necessary, which the Merchandiser declares to possess.
1.6. Any expenses for the connection via the Internet to the Website, including telephone costs, according to the fees applied by the operator of choice by the customer are exclusively the burden of the customer.
Characteristics of the Products and their Availability in the Various Geographic Areas
2.1. The products are sold by the Seller with the characteristics that are described on the Website when sending the order.
2.2. Folk Market reserves the right to amend the present general conditions of sale at any time. The products are offered at the general conditions of the agreement indicated on the Website at the time of sending the order until stock is sold out.
2.3. The prices and goods for sale on the Website are subject to variation without prior notice. Moreover, prior to forwarding the purchase order pursuant to the following point 3 herein, it is requested that the customer verify the final sale price.
2.4. The Folk Market reserves the right, without prior notice, to modify the goods present on the Website or to modify the characteristics at any time and without prior notice or obligation.
2.5. Folk Market reserves the right to make modifications and improvements to any good offered on the Website, without the obligation to make such modifications to goods already sold.
Procedure for the Selection and Purchase of Products
3.1. The products proposed on the Website can be purchased through the purchase procedure present on the Website. Such a procedure provides for the selection of products of interest by the customer/buyer, with the insertion of the same into a specific virtual shopping cart. Once the products have been selected, in order to purchase the selected products and place them into the cart. Folk Market will confirm his/her information (by way of example and not limited to: name, surname, etc.), as well as the address for the delivery of the selected products, billing address and a telephone number for communications relevant to the purchase made, should the information be different from that provided at the time of registration. Folk Market will analyze a summary of the order to be made, of which the same can modify the contents. The Buyer / Customer shall be asked to choose a shipping method available.
Delivery and Acceptance of Goods
4.1. Generally, the Website indicates the availability of each product and delivery times of the same. Another procedure for delivery and shipping is mentioned in our Customer Services Page.
4.2. The shipping of the products ordered by the buyer/customer shall occur in compliance to the conditions selected by the customer/buyer, among those available and indicated on the Website at the time the order is shipped. The buyer/customer undertakes to check without delay, and in any case within and not beyond 3 (three) days from the receipt of the products, that the delivery is correct and includes all and only the products purchased and to inform within such time Folk Market of any defects to the products received. In the event that the box or packaging of the products ordered by the buyer/customer arrives at their destination with obvious signs of damage, the customer/buyer is requested to refuse delivery on behalf of the carrier/freight forwarder or to accept the delivery “subject to verification”.
4.3. Once the term pursuant to the previous paragraph 1.2 has expired, the products are considered definitively accepted by the customer/buyer.
Prices, Shipping Costs, Taxes
5.1. The price of the products is that indicated on the Website at the time when the customer/buyer sends the order. The prices of the products are exclusive of delivery/shipping charges. They will be calculated prior to the confirmation of purchase by the customer/buyer and that the same buyer/customer undertakes to pay to the Seller in addition to the price indicated on the Website and do not include any taxes or duties due in compliance to the conditions and terms established by each individual State of delivery of the goods.
5.2. On the basis of the country to which the products have to be delivered the Website shall show, during the order creation process, the relevant delivery costs that the buyer/customer undertakes to pay in addition to the price of the products ordered.
5.3. The buyer/customer must pay the total price to Folk Market in advance, the price which is printed on the order and confirmed in the order confirmation forwarded by e-mail by the Seller to the buyer/customer.
6.1. Orders placed through the Website can be paid by Wire Transfer, credit card, Western Union, Money Booker, Pay orders or Bank drafts, pursuant to the conditions described here below. Folk Market can permit other forms of payment after negotiation.
6.2. The orders, in the countries where it is foreseen or order made by wholesalers/retailers in bulk demand, must be paid by bank wire transfer in favor of the Folk Market with the indication of the “Swift” and “IBAN”, stated in the order confirmation. The buyer, in the case of payment by bank wire transfer, expressly agrees that the execution of the agreement on behalf of the Seller shall begin at the time when the amount paid for the product/products purchased is credited to the bank current account of the Seller.
6.3. "All Wholesaler/retailer who orders in bulk must pay payment through LC via bank involvement regarding payment and purchased product process."
Responsibility for Damages Caused by Defective Products
Intellectual Property Rights
8.1. The buyer/customer declares to be informed that all of the contents present on the Website are protected by copyright and other provisions in force relevant to intellectual property: all of the rights are the exclusive property of Samina Gulzar.
8.2. The contents of the Website cannot be reproduced, neither fully nor partially, transferred by computer or conventional means, modified or used for any purpose without prior written consent from Samina Gulzar
Customer Data and Data Protection
11.1 Folk Market shall not be liable in the event of total or partial default of its obligations provided within the present agreement should such default be caused by unpredictable and/or natural events out of his reasonable control, including, by way of example but not limited to, catastrophic natural events, acts of terrorism, wars, revolutions, power failure, general labour strike in the public/private sector, strike and/or restrictions of traffic conditions for couriers and air links.
Applicable Law and Competent Court
12.1. The agreement shall be regulated and interpreted pursuant to Pakistan Law.
12.2. For every dispute deriving from the present agreement or relevant to the same, the competent court shall be
- a) the Court of the place of Folk Market where it is registered.
12.3. For all that is not expressly provided for herein, the provisions of the Pakistan Law shall be applicable and in particular, for customer/buyer, the provisions in Merchandiser Code.
All text, graphics, photographs or other images, button icons, video clips, logos, slogans, trade names or word software and other contents on the website of FOLKMARKETGEMS.COM (collectively, "Content"), belongs exclusively to FOLKMARKETGEMS.COM or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by FOLKMARKETGEMS.COM, without FOLKMARKETGEMS.COM's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on FOLKMARKETGEMS.COM as well as the use of FOLKMARKETGEMS.COM trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to FOLKMARKETGEMS.COM. You may not use FOLKMARKETGEMS.COM's Content or Compilation in any manner that disparages or discredits FOLKMARKETGEMS.COM or in any way that is likely to cause confusion or violation of any applicable laws or regulations
FOLKMARKETGEMS.COM recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to FOLKMARKETGEMS.COM and are the sole property of the copyright or trademark holders.
14.Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY FOLKMARKETGEMS.COM ON AN "AS IS" BASIS. FOLKMARKETGEMS.COM MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOLKMARKETGEMS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. FOLKMARKETGEMS.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOLKMARKETGEMS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOLKMARKETGEMS.COM's TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO FOLKMARKETGEMS.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO FOLKMARKETGEMS.COM'S LIABILITY.
Please note that there may be certain orders that we are unable to accept and must cancel. FOLKMARKETGEMS.COM reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
While FOLKMARKETGEMS.COM strives to provide accurate product and pricing information, pricing or typographical errors may occur. FOLKMARKETGEMS.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FOLKMARKETGEMS.COM shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, FOLKMARKETGEMS.COM may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that FOLKMARKETGEMS.COM is not responsible for the operation of or content located on or through any such site.
You agree that FOLKMARKETGEMS.COM's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that FOLKMARKETGEMS.COM shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that FOLKMARKETGEMS.COM may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of FOLKMARKETGEMS.COM shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by FOLKMARKETGEMS.COM of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or another waiver.
19.1. The present agreement substitutes all contracts, agreements, and understandings previously in force between the Parties and, together with the order, order confirmation and the general conditions relevant to the use of the Website, constitute the entire agreement between the Parties relevant to the purpose of the present agreement.
19.2. The customer/buyer declares to not having been induced to adhere to the present agreement by previous verbal declarations.
19.3. Any variation or amendments to the present agreement must be accepted in writing by both Parties.