Terms of service

1. Terms of Use

1.1 Welcome to Jompesh (jompeshfoods.com). Jompesh provides access to the jompeshfoods.com website, mobile applications, and associated media ("Website") to you subject to the terms and conditions (“Terms”) set out on this page. By using the Website, you, whether as a registered or guest user (“User”), agree to be bound by these Terms. We request you to read them carefully as your continued usage of the Website signifies your agreement to be bound by these legal provisions. If you do not wish to be bound by these Terms, you must not subscribe to or use our Website or services.

1.2 By impliedly or expressly accepting these Terms, you also accept and agree to be bound by Jompesh Policies, including but not limited to the Privacy Policy (which includes our use of tracking technologies like Facebook Pixel and Google Analytics), as amended from time to time.

1.3 In these Terms, references to "you" or "User" shall mean the end user/customer accessing the Website and its contents. References to the “Website”, "Jompesh", “jompeshfoods.com”, "we", "us", and "our" shall mean the Website and the business entity Jompesh.

1.4 The contents set out herein form an electronic record in terms of the Information & Communication Technology Act, 2006 (তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬) and the rules there under as applicable and amended. This document does not require any physical or digital signatures and forms a valid and binding agreement between the Website and the User.

1.5 This Website may contain links to other websites or third-party services (such as courier portals or payment gateways) which are not operated by Jompesh. Jompesh has no control over these linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

1.6 We reserve the right to change, modify, or update these Terms at any time. Such changes will be effective immediately upon being posted on the Website. Your continued use of the Website after such changes signifies your acceptance of the modified Terms.

1.7 These Terms will continue to apply until terminated by either You or Jompesh. You may terminate this agreement by ceasing to access the Website or by closing your account. Provisions which by their nature are meant to survive termination shall remain in effect indefinitely.

2. Eligibility

2.1 Use of the Website is available only to persons who can form legally binding contracts under the Contract Act, 1872.

2.2 If you are a minor (under the age of 18 years), you shall not register as a user or transact on the Website. Any transaction by a minor must be made by a legal guardian or parent. Jompesh reserves the right to terminate your membership or refuse access if it is discovered that you are under the legal age.

2.3 By accepting these Terms, the User irrevocably declares that they are 18 years of age or older and capable of entering into a binding contract.

2.4 The usage of Services offered through the Website is available for delivery to addresses located within the authorized delivery zones across Bangladesh.

3. Communication

3.1 When you use jompeshfoods.com, or contact us via phone, email, or WhatsApp, you consent to receive communication from us. You authorize us to communicate with you via e-mail, SMS, phone call, WhatsApp, or by posting notices on the Website.

3.2 For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) regarding your use of the website and/or your order. Any disclosures or communications sent electronically fulfill the legal requirement of communication made in writing.

3.3 You specifically authorize Jompesh and its authorized call center representatives to contact you via phone or WhatsApp for purposes including but not limited to order verification, service feedback, quality assurance surveys, and promotional offers.

4. Your Account and Responsibilities

4.1 Users may access the Website as registered users or guest users. Certain benefits and promotional offers may be reserved exclusively for registered Users at the sole discretion of Jompesh.

4.2 To register, you must provide a valid Bangladeshi mobile number and/or email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.3 You agree that if you provide information that is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your membership. Jompesh shall not be held liable for any losses arising from unauthorized access to your account due to your failure to secure your credentials.

5. Charges and Fees

5.1 Membership and browsing on jompeshfoods.com are free of charge. Jompesh reserves the right to change its fee policy at any time, including introducing fees for new services or amending existing ones. Changes to the fee policy will be posted on the Website and become effective immediately.

6. Copyright and Intellectual Property

6.1 All material on jompeshfoods.com, including text, graphics, logos, images, software, and services, is the property of Jompesh or its third-party licensors. No material may be copied, reproduced, republished, or distributed without express written permission from Jompesh.

6.2 Use of automated devices like "robots" or "spiders" to monitor or copy Website content is strictly prohibited. We reserve the right to bar any such activity.

7. Cookies and Tracking Technologies

7.1 This site uses cookies and advanced tracking tools, including Facebook Pixel and Google Analytics. Cookies are small data files stored on your device to help us track site traffic, understand user behavior, and improve site functionality.

7.2 By using this site, you consent to the use of these technologies for retargeting advertisements and analytics. This data allows us to serve relevant advertisements to you on third-party platforms (such as Facebook, Google, Instagram, and TikTok) based on your browsing history on our Website.

8. Promotional Activity and Marketing

8.1 Jompesh uses various advertisements and commercials for promotion. We may utilize your data (Phone, Email, WhatsApp, Social Media ID) for targeted marketing and retargeting ads.

8.2 Product images on the Website are for reference only; actual products may vary slightly in appearance. Jompesh disclaims liability for minor discrepancies between images and delivered products to the fullest extent permitted by law.

9. The Contract of Sale

9.1 Your order constitutes an offer to buy. Upon placing an order, you will receive an acknowledgement (Email/SMS). This acknowledgement does not signify acceptance of your offer.

9.2 A contract called an “agreement to sell” is concluded in accordance with Section 4(3) of the Sale of Goods Act, 1930, where the transfer of property takes place upon delivery to your designated address. The contract of sale is finalized under Section 4(4) of the Sale of Goods Act, 1930, only when the product is delivered and accepted.

10. Product Descriptions

10.1 Jompesh attempts to be as accurate as possible. However, as we do not manufacture all products ourselves, we do not warrant that product descriptions are entirely error-free. If a product is not as described, your sole remedy is to return it in an unopened and unused condition at the time of delivery.

11. Pricing

11.1 Prices displayed represent the full retail price. The exact shipping charges and total order value will be calculated and displayed during the checkout process before you finalize the order. We reserve the right to adjust prices and shipping fees based on market conditions or courier updates.

12. Return Policy

12.1 Due to the nature of food products, a user may only return a product at the time of delivery if:

• The product is visibly damaged or leaked.

• The product does not match the order.

• There are doubts regarding quantity or quality.

12.2 Customers must cross-check the product in the presence of the delivery man. We do not accept returns or refund requests once the delivery agent has left the premises.

12.3 In instances where a customer is unable to verify the product in the presence of the delivery agent, they must record a continuous video while unboxing the package. This video serves as the primary evidence required for us to verify and process any claims regarding damage or discrepancies. Without a valid unboxing video, Jompesh reserves the right to deny return or refund requests. Products that have been opened or had their seals tampered with after successful unboxing are strictly non-returnable.

13. Refund Policy

13.1 If Jompesh is unable to fulfill an order, we will notify you within 48 hours. Refunds for approved returns or cancellations will be processed within 15 working days.

13.2 Refunds will be sent to the original payment source (SSLCommerz/bKash). For Cash on Delivery orders, refunds will be processed via bKash or Bank Transfer.

14. Supply and Quality Policy

14.1 Jompesh acts as a provider and distributor. While we implement strict quality controls, the primary responsibility for quality assurance lies with the respective manufacturers or vendors. All products are subject to availability.

15. Modifications

15.1 Jompesh reserves the right to modify these Terms at its sole discretion. Continued use of the Website following any such modification constitutes your agreement to follow and be bound by the modified Terms.

16. Delivery and Communication Protocol

16.1 During the delivery process, if a customer fails to answer the phone/contact attempt two (2) times, Jompesh and its delivery partners reserve the right to cancel the order to prevent logistics loss.

16.2 Jompesh is not liable for delays caused by third-party courier services (Pathao/RedX/Steadfast) but will assist in resolving any issues to the best of our ability.

17. Health, Allergy, and Ingredient Disclaimer

17.1 Jompesh provides various food products. Users are strongly advised to check the ingredients list and labels carefully before consumption. It is the User's responsibility to verify any potential allergens. Jompesh shall not be held liable for any allergic reactions, illness, or health issues arising from the consumption of products, especially if the product was mishandled after delivery or if the consumer has undisclosed health conditions or allergies.

18. Limitation of Liability

18.1 In no case shall Jompesh, our directors, officers, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, or any similar damages, arising from your use of any of the service or any products procured using the service.

19. Data Privacy and Sharing

19.1 Jompesh is committed to protecting your personal information. We share your data (such as name, phone number, and address) with third-party service providers, primarily our logistics partners (e.g., Pathao, RedX, Steadfast), solely to ensure efficient delivery and provide the intended services.

19.2 We strictly maintain a policy of not selling, trading, or renting your personal data to outside businesses or third parties for their independent commercial use or marketing purposes. Your data is used exclusively for Jompesh-related order fulfillment and communications.

20. Governing Law and Jurisdiction

20.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the People's Republic of Bangladesh. Any disputes arising out of these Terms shall be subject to the exclusive jurisdiction of the courts located in Dhaka, Bangladesh.

Contact Information: 

Email: contact@jompeshfoods.com

WhatsApp/Mobile: +8801716355247