Terms & Conditions
These Terms & Conditions (“Terms”) govern your use of the website, shop, marketplace, subscriptions, and related services operated by Tropical Ghar (“we,” “us,” “our”) from Kathmandu, Nepal. By accessing or using our services, creating an account, or placing a purchase, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use our services.
1. Acceptance & changes
We may update these Terms at any time. The “Last updated” date above will change when we do. Continued use after changes constitutes acceptance. Material changes may also be communicated where practicable. Electronic records of your acceptance, orders, and account activity are maintained under the Electronic Transactions Act, 2063 (2008).
2. Accounts & eligibility
You must be at least 18 years of age, or the age of majority under the Muluki Civil Code, 2074 (2017), and able to form a binding contract under the laws of Nepal. You must provide accurate registration and checkout information and keep your account secure. You are responsible for all activity under your account and for any offline cart linked to your browser or session. We may suspend or terminate accounts that violate these Terms or the law of Nepal.
3. Shop purchases — carts, offline carts & purchase orders
This section applies to goods we sell through a registered user’s cart, an offline (guest) cart, and a purchase order. It does not make us the seller of listings placed by other users on the Marketplace (see section 4).
3.1 Delivery within Kathmandu Valley only
Registered-user carts, offline carts, and purchase orders are offered for delivery inside Kathmandu Valley only (Kathmandu, Lalitpur, and Bhaktapur). Pickup, where offered, is at our location in the Valley.
If you are outside Kathmandu Valley, do not place these purchases. A cart, offline cart, or purchase order placed for delivery or collection outside the Valley, or by a buyer we reasonably believe is outside the Valley, will be invalidated or rejected. We are not obliged to ship, refund a rejected order beyond what mandatory law requires, or complete fulfilment outside the Valley.
You must give a delivery address inside the Valley when you choose delivery, and you must acknowledge handover when the goods are delivered or collected. An incorrect address, an address outside the Valley, or a failure to take handover may result in rejection or cancellation of that purchase.
3.2 Delivery charges
Delivery charges apply to carts, offline carts, and purchase orders that require delivery. The charge is calculated from the order and is added to the amount payable. The charge shown before you confirm is part of the price of that purchase. Choosing pickup, where that option is shown, does not by itself add a delivery charge.
3.3 No refunds; limited exchange
Goods once sold are non-refundable. We do not refund the price of shop goods after a sale is confirmed, whether the purchase was made from a registered-user cart, an offline cart, or a purchase order.
Goods once sold will not be taken back, except in the two cases below:
- Exchange. You may ask to exchange sold goods for other items we have available. To use an exchange, you must return the original goods within two (2) days of handover acknowledgement. Goods returned after that period are not eligible for exchange. An exchange is not a refund. Any price difference is payable by you before the replacement is handed over, and we do not pay out a balance in cash.
- Defective goods we shipped. If a product we shipped is defective, you may return that product. This return is limited to the defective item that we shipped. It does not create a cash refund except where the Consumer Protection Act, 2075 (2018), or another mandatory law of Nepal, requires one. We may repair, replace, or exchange the defective item.
Change-of-mind, incorrect selection, and goods that have been used, damaged after handover, or altered are not eligible for return or exchange. Custom tank orders follow section 8.
3.4 Tampering with carts and purchase orders
You must not alter, forge, or interfere with a cart, an offline cart, or a purchase order, including prices, quantities, totals, discounts, delivery charges, status, identifiers, or payment records, whether through the website, a script, or any other means.
Tampering results in termination of the actioned entity. The cart, offline cart, or purchase order that was tampered with will be terminated and will not be fulfilled. We may also suspend the related account and keep records for the authorities.
4. Marketplace — no responsibility for user listings
The Marketplace is a platform where users list and discover items and services offered by other users. Tropical Ghar does not sell those goods or services, is not a party to the bargain between users, and accepts no responsibility for products or services sold or offered on the Marketplace. We do not guarantee a listing’s existence, quality, safety, legality, title, fitness, price, or delivery, and we do not employ or endorse sellers.
Buyers and sellers on the Marketplace deal with each other. Payments, handover, quality, and disputes are between those users. You use the Marketplace at your own risk.
Users are subject to the laws of Nepal. A listing, message, payment, or other act that violates Nepali law — including the Electronic Transactions Act, 2063 (2008), the Consumer Protection Act, 2075 (2018), and the criminal law — is the user’s own violation. We may remove the listing, end the related Marketplace action, suspend or close the account, preserve records, and report the matter to Nepal Police or another competent authority.
5. Prohibited conduct
You agree not to use our services to:
- Violate any law of Nepal or any other law that applies to you;
- Defraud, harass, threaten, or harm others;
- List or promote illegal, counterfeit, unsafe, or stolen goods or services, or use the Marketplace or shop for money laundering or other crime;
- Misrepresent items, services, identity, delivery address, or payment status;
- Tamper with carts, offline carts, purchase orders, subscriptions, prices, or payment records;
- Circumvent security, scrape or overload our systems, or impersonate any person or entity.
Enforcement: We may, without prior notice, remove content, restrict features, reject a purchase, suspend, or permanently delete your account if we believe you have violated these Terms or the law. If your account is terminated for breach, any active paid subscription ends without refund, except where applicable law requires otherwise.
Fraudulent or false listings: Listing fake or materially misleading items or services may be a civil or criminal offence in Nepal. We may preserve records and cooperate with law enforcement and courts. You are solely responsible for the truthfulness of your listings and communications.
6. Subscriptions for registered users
Certain features, including enhanced Marketplace capabilities, may require a paid subscription on a registered account. By purchasing a subscription, you authorize us and our payment partners to charge the fees shown at checkout.
- Fees, the billing period, and included features are those shown at purchase or in your account.
- A paid subscription may be cancelled. After you cancel, you may continue to use the subscription for the remainder of the period you have already paid for. Access ends when that period ends.
- Subscription fees are non-refundable. Cancellation does not entitle you to a refund of fees already paid, including for days still left in the current period.
- A free plan is not a paid subscription and is not cancelled under this section.
- We may change plans or pricing with reasonable notice. Continued use after the effective date constitutes acceptance of the new terms for the next period.
Tampering with the subscription feature results in termination of that subscription. Altering plan status, period dates, payment records, or access rights, or attempting to obtain paid features without payment, ends the subscription that was tampered with. Fees already paid remain non-refundable, and we may suspend the account.
7. Payments, bills & taxes
Payments for our own products, delivery charges, and subscriptions are collected by the methods we offer at checkout, which may include cash on pickup or delivery inside the Valley and electronic payment instruments such as eSewa, Khalti, and ConnectIPS. Those instruments are subject to the rules of the provider and to the Payment and Settlement Act, 2075 (2019), and Nepal Rastra Bank directions. You must give valid payment details. A failed, reversed, or disputed payment may lead to rejection of the purchase or suspension of access.
Where the Value Added Tax Act, 2052 (1996), or another revenue law of Nepal requires it, applicable tax is included or added as shown, and we issue a bill or invoice for the shop purchase or subscription. You should keep that bill. Prices and charges displayed at confirmation are the amounts you agree to pay for that transaction.
8. Custom tank orders — no refunds
Read carefully before submitting. Custom tank and bespoke build requests are made to your specifications. By placing a custom tank order, you confirm that you have reviewed all descriptions, dimensions, materials, timelines, pricing, and any other information we provide.
All custom tank orders are final. Tropical Ghar does not offer refunds on custom tank orders, including after work has begun, materials are ordered, or the order has been confirmed. This does not remove a remedy that the Consumer Protection Act, 2075 (2018), does not allow us to exclude.
9. Messaging
In-app messages (including Marketplace messages) are processed through our systems. Message content is encrypted at rest using AES-256-GCM before storage. This protects data on our servers. It is not end-to-end encryption. Our systems decrypt messages to display them to you and the recipient. We may access message content where necessary for safety, legal compliance, or enforcement of these Terms, including where the Individual Privacy Act, 2075 (2018), or a competent authority permits or requires it.
10. Intellectual property
Our name, logo, software, and content (excluding user-generated content) are owned by Tropical Ghar or our licensors and are protected by the Copyright Act, 2059 (2002), and other applicable law. You may not copy, modify, or exploit them without permission. You grant us a licence to host and display content you submit as needed to operate the service. You confirm that content you submit does not infringe another person’s rights.
11. Consumer information
Before you confirm a shop purchase we show, as applicable, the goods, quantity, price, delivery charge, and whether delivery is available. That information is given so you can make an informed choice under the Consumer Protection Act, 2075 (2018). Descriptions of live goods, plants, and aquarium products are given in good faith. Natural variation in size, colour, and condition can occur. A defect in goods we shipped is handled under section 3.3.
If you have a complaint about a shop purchase, contact us first through the Contact Us page and keep your bill or order reference. You may also use the complaint and redress procedures provided by the Consumer Protection Act, 2075 (2018).
12. Disclaimer of warranties
Except where the law of Nepal does not allow a disclaimer, our platform and services are provided “as is” without warranties of uninterrupted or error-free operation. For Marketplace listings, we give no warranty of any kind. For shop goods we sell ourselves, any mandatory assurance under the Consumer Protection Act, 2075 (2018), remains in force to the extent that Act requires.
13. Limitation of liability
To the maximum extent permitted by the law of Nepal, Tropical Ghar and its operators, directors, and staff are not liable for indirect, incidental, special, consequential, or punitive loss, or for loss of profits, data, or goodwill, arising from your use of the services. We are not liable for products or services sold by users on the Marketplace, or for a cart, offline cart, or purchase order that we reject or invalidate because it is outside Kathmandu Valley or because it was tampered with.
Where a cap is permitted, our total liability for a claim relating to a service we provide is limited to the amount you paid us for that service in the twelve (12) months before the claim. This section does not limit liability that the Consumer Protection Act, 2075 (2018), or another mandatory law of Nepal, does not allow us to limit.
14. Indemnity
You agree to indemnify and hold harmless Tropical Ghar from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the services, your listings, your Marketplace dealings, your violation of these Terms, or your violation of another person’s rights or of the law of Nepal.
15. Compliance with the laws of Nepal
These Terms are written to be read with the laws of Nepal that apply to an online shop and a user marketplace, including:
- Electronic Transactions Act, 2063 (2008) — recognition of electronic records and contracts formed on this website, and offences relating to unauthorised access, interference with systems, and unlawful publication;
- Individual Privacy Act, 2075 (2018) — collection and use of personal information as described in our Privacy Policy;
- Consumer Protection Act, 2075 (2018) — information about goods and price, bills, fair dealing, and redress for shop goods we sell;
- Muluki Civil Code, 2074 (2017) — formation and performance of contracts, and legal capacity;
- Copyright Act, 2059 (2002) — protection of our content and respect for the content of others;
- Value Added Tax Act, 2052 (1996) and other revenue laws — tax and invoices where those laws apply to a transaction; and
- Payment and Settlement Act, 2075 (2019) — electronic payments made through licensed instruments and providers.
If a term in this document conflicts with a provision of Nepali law that cannot be varied by agreement, that provision prevails for that conflict. Nothing in these Terms is a licence to commit an offence or a civil wrong in Nepal.
16. Governing law & disputes
These Terms are governed by the laws of Nepal. Subject to any forum that a mandatory consumer or other law of Nepal requires, the courts of Kathmandu, Nepal, have jurisdiction over disputes arising from these Terms or from the shop, subscriptions, and Marketplace.
17. Contact
For questions about these Terms, a rejected purchase, an exchange, a defective item we shipped, or a cancelled subscription, use our Contact Us page.
Thank you for using Tropical Ghar.