Terms and Conditions
Welcome to MarketPlace Fresh. By accessing our website or mobile application, you agree to be bound by these Terms and Conditions.
These Terms govern your access to and use of our Platform, including any purchases made through the Platform.
Acceptance of Terms
By using the website, you confirm that you have read, understood, and agreed to these Terms. If you do not agree with any part of these Terms, you must not use the Platform.
Platform Use and Registration
Account Registration: Before making any purchases or accessing certain features on the Platform, you must complete the registration process. This involves creating an account by providing accurate, complete, and current information as prompted by the registration form. You agree to maintain the accuracy of such information.
Account Security: You are responsible for safeguarding the password that you use to access your account and for any activities or actions under your password. Sharing your account details, including your password, with others is prohibited. If you suspect any unauthorized use of your account or any other breach of security, you must immediately notify us.
Account Use: You may not create more than one account for yourself or create an account for anyone other than yourself without their permission. The use of any automated software or scripts to register accounts or access the Platform is prohibited.
User Conduct: By using the Platform, you agree not to:
Engage in any activity that violates these Terms, including but not limited to fraudulent purchases or attempts to bypass Platform restrictions.
Misrepresent your identity or affiliation with any person or organization.
Access or attempt to access any other user's account.
Use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform.
Eligibility: The Platform is intended solely for users who are 18 years of age or older. By accessing or using the Platform, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you are not of legal age, you must not access or use the Platform without parental or guardian consent.
Account Responsibility: You are solely responsible for your account, including the maintenance, confidentiality, and security of your account and all passwords related to your account. You are also responsible for all electronic communications, including those containing personal information, entered through or under your account. We assume no responsibility or liability for any information you submit or your or third parties' use or misuse of information transmitted or received using the Platform.
Updates to Account Information: You must promptly update all information to keep your account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security.
Your Obligations
As a user of the Platform, you have specific responsibilities to ensure a secure, respectful, and lawful community. You must:
Report Unauthorized Use: Immediately inform us through our Customer Service Centre if you become aware of any unauthorized use of your account or any other security breaches related to your account. Our Customer Service can be reached at [insert contact information] during [insert Contact Hours].
Age Verification: Provide accurate date of birth information when placing an order for age-restricted products, such as alcohol, tobacco, or other regulated goods, as required by law.
Costs and Fees: Bear all costs associated with your access and use of the Platform, including any internet access fees.
Account Responsibility: Take full responsibility for any actions taken through your account. You are liable for all activities conducted through your account by anyone using your login credentials.
Compliance with Charges: Agree to pay for all products ordered through your account in accordance with our billing terms.
Product Safety: Check product labels and warnings before use, especially for allergens, instructions, or safety advice.
Prohibited Actions
To maintain the integrity and functionality of our Platform, you must not:
Engage in illegal activities, violate any laws, or infringe on the rights of others.
Disrupt, interfere with, or prevent others from using the Platform in a peaceful manner.
Conduct fraudulent transactions or deceive the Platform and its users.
Misuse or steal someone else’s personal information or impersonate others.
Post or transmit offensive, indecent, or harmful content.
Compromise the Platform's operation through tampering, hacking, or transmitting viruses.
Use automated systems or software to extract data from the Platform for commercial purposes (unless you have our permission).
Modify, adapt, or hack the Platform, or modify another website to falsely imply association with the Platform.
Remove or alter any copyright, trademark, or other proprietary rights notices.
Create accounts through unauthorized means, including using automated devices, scripts, bots, or other similar means.
Undertake actions that would cause an unreasonable load on our infrastructure or that of our third-party providers.
Use the Platform in any manner that contradicts these Terms or facilitates unauthorized actions.
Suspension or Termination of Account
We maintain the right to refuse service, terminate accounts, or edit or remove content at our discretion for any reason, particularly if it's determined that there has been a breach of these Terms, fraudulent activity, or misuse of the Platform. Specific actions may include:
Immediate Suspension, Termination, or Limitation: Should you violate these Terms in a way that is irreversible, fail to correct the violation within 10 days of notification, or in the case of an emergency, we may suspend, terminate, or limit your access to the Platform and your account.
Discontinuation of Service: We reserve the right to discontinue the Platform or any part thereof without prior notice. In such cases, ongoing orders unaffected by the discontinuation will be fulfilled, unless it becomes impossible due to unavailability of products or other constraints. Affected customers will receive a refund for any valid payments made.
Refunds and Credits: In the event of account limitation, suspension, or termination under these conditions, you will be eligible for a refund of any credits or payments you are owed under these Terms, which will be processed via direct deposit to your nominated account following necessary verifications.
Links to External Websites
The Platform may feature links to external websites not owned or operated by us. These links are provided for your convenience, with the following conditions:
No Endorsement: The presence of links does not imply our endorsement of these external sites or the products and services they offer. We make no representations or warranties regarding the content or accuracy of materials on such external sites.
Liability Disclaimer: We accept no responsibility or liability for external websites. Your use of and access to these sites is solely at your own risk. We advise you to read the terms and conditions and privacy policies of any third-party websites that you visit.
Safety, Refusal, or Cancellation of Orders and Delivery
Our platform prioritizes the safety and security of our staff, delivery partners, and community. To uphold these standards, we reserve the right to:
Refuse or Cancel Orders: We may refuse or cancel any orders at our discretion, especially if we identify behavior that compromises the safety of our staff or delivery partners.
Account Restrictions: Access to your account or the ability to place orders may be restricted or removed if actions deemed unsafe or inappropriate are associated with your account or delivery address.
Delivery Refusal: We may refuse to deliver orders if safety concerns arise at the delivery address, such as verbal or physical threats to our staff or delivery partners, hazardous conditions, or any form of abusive behavior.
In instances where safety concerns necessitate action on our part, we will endeavor to communicate with you promptly using the contact details provided with your account.
Ordering Products
How to Order: You can browse our selection and place an order for products through our platform, following the step-by-step process outlined on our site. Placing an order constitutes your offer to purchase products under these terms and conditions, including any associated delivery fees and taxes.
Account Details: It is your responsibility to provide accurate, complete, and up-to-date information when placing an order. We may require additional details or confirmation of your information to process your order.
Minimum Order Amounts: Certain minimum order amounts may apply, which will be communicated through the platform. These are subject to change and will be updated accordingly.
Age-Restricted Products: For orders containing age-restricted products, such as alcohol or tobacco, you must confirm that you meet the legal age requirements. We act as an agent for third-party sellers or partners in facilitating these orders, and the sale of such products is contingent upon legal compliance and stock availability.
Identity Verification: We reserve the right to verify your age and identity for orders containing restricted products. Failure to comply with verification requests may result in order cancellation.
Resale Prohibition: Purchases of restricted items for resale or commercial purposes are strictly prohibited. We may limit or cancel orders if we suspect they are intended for resale.
General Terms
Acceptance of Your Order: We reserve the right to accept or reject your order for any reason, including product availability, errors in pricing or product descriptions, or failure to comply with our terms.
Changes and Cancellations: You may have the ability to change or cancel your order within a specified timeframe. Specific policies regarding order changes and cancellations will be provided at the time of ordering.
Payment Methods
For the convenience and security of your transactions, our platform supports a variety of payment methods. You are required to use these options for paying any fees and charges associated with your order:
Credit and Debit Cards: We accept Visa, MasterCard, American Express, and Diners Club cards.
Digital Wallets: PayPal and other digital wallets are accepted.
Platform-Issued Gift Cards: Gift cards issued by our platform can be used if they are recognized as a valid payment method under the terms and conditions specific to those gift cards.
Other Payment Methods: From time to time, we may enable additional payment options, which will be clearly indicated on our platform.
Should there be an issue in processing your payment, we will attempt to notify you and may need to cancel your order if the issue cannot be resolved.
You authorize us to charge or pre-authorize your chosen payment method to collect payment for your orders. Any attempt to use fraudulent or unlawful means to pay is strictly prohibited.
Invoices and Receipts
Upon completing your purchase, you will receive a detailed invoice or receipt that includes:
A breakdown of fees and charges for each product in your order.
Information on any products that were unavailable at the time of fulfilment and the adjustments made to your payment.
For orders that include products from various sellers or categories within our platform, you may receive separate invoices for each category or seller involved in the transaction.
Invoices are accessible and downloadable from your account section on the platform.
Fraud Prevention and Risk Assessment
Our platform employs measures to detect and prevent fraudulent transactions. We may reach out to you to verify payment and order details. If we cannot verify these details, your order may be canceled to ensure the security of transactions on our platform.
Should you have concerns about the legitimacy of any contact claiming to be from us, please reach out to our Customer Service for verification.
Acceptance or Rejection of Orders
We reserve the right to accept or reject orders for any reason, including, but not limited to:
Availability of products.
Errors in product pricing or descriptions.
Any discrepancies found in the order details submitted.
An accepted order creates a binding agreement to supply the ordered products in accordance with these terms. If an order must be rejected or canceled, we will notify you as soon as possible and process refunds for any payments made towards the rejected parts of the order.
Product Purchase Limits and Restrictions
General Limits: Customers are generally limited to purchasing a maximum quantity of each product per order, which may vary based on product availability, demand, or regulatory restrictions. These limits are communicated on the product page or during the checkout process.
Resale Prohibition: Purchases made on our platform are intended for personal use or as gifts. Buying products for resale or commercial purposes is strictly prohibited. We monitor order patterns and reserve the right to cancel orders that appear to be intended for resale.
Special Requests: Should you have a need for quantities beyond our standard limits, please contact our Customer Service. Approval of such requests is at our discretion and may be subject to additional verification and terms.
Delivery Services
Delivery Options: We offer various delivery options to meet your needs, including standard delivery, express delivery, and, where available, contactless delivery. Delivery services are subject to availability and may vary by location.
Unattended Deliveries: Select delivery options may allow for your order to be left unattended at your specified location. In such cases, we take measures to notify you upon delivery. However, the safety of the products post-delivery becomes your responsibility.
Delivery of Restricted Products: For orders containing age-restricted or regulated items, an adult signature may be required upon delivery. Failure to comply with these requirements may result in non-delivery and additional charges for redelivery attempts.
Delivery Challenges: If delivery cannot be completed due to inaccessible or unsafe conditions, we may contact you to arrange an alternative delivery solution. Additional fees may apply for re-delivery attempts or order cancellations resulting from delivery issues.
Pick Up Service
Availability: Our Pick Up service allows you to collect your order from designated locations. Availability and operational hours of Pick Up services may vary by location and can be selected during the checkout process.
Collection Requirements: A valid photo ID and the order confirmation are required at the time of pick up. The person collecting the order must match the information provided during order placement.
BYO Bags Option: For locations offering a "Bring Your Own Bags" service, you'll be responsible for repacking your items at the collection point. We aim to support sustainability efforts and encourage customers to participate in this option where available.
Failure to Collect: Orders not collected within the specified window may incur a fee or be returned and refunded, excluding any perishable items. We'll attempt to contact you for alternative arrangements if collection issues arise.
Risk and Title Transfer
Risk Transfer: The risk of loss or damage to products passes to you upon the successful delivery of your order to the specified delivery address, or in the case of unattended deliveries, at the point the product is left at the address.
Title Transfer: Ownership (title) of the products transfers to you upon the later of (a) the completion of payment for the products, (b) delivery of the products to the specified delivery address, or (c) collection of the products from a pickup location.
Cancellation by Us
We reserve the right to cancel any order or part of an order for any reason, including but not limited to:
Unavailability of products.
Errors in pricing or product descriptions.
Breach of terms and conditions by the customer.
In the event of cancellation:
We will inform you promptly.
A full refund will be issued for any payments made for the canceled order or the canceled portion of the order.
Amendment and Cancellation by You
Cancellation: You may cancel your order under certain conditions, such as before it is prepared for dispatch. Specific conditions and potential fees for late cancellation will be detailed on our platform.
Amendment: Requests to amend an order should be submitted as early as possible. Amendments may include changing the quantity, adding or removing items, or changing delivery details. The ability to amend an order is subject to preparation status and may be limited.
Product Substitution
In instances where a product you ordered is unavailable, we may provide a substitute of equal or greater value. This policy does not apply to certain product categories where substitution preferences can be set during the ordering process.
We strive to ensure that substitute products meet your expectations and needs, but it's important to review product details upon receipt.
Handling Missing Items and Returns
Missing Items: If your order is delivered with missing items, you should contact our Customer Service promptly. We will investigate and provide a suitable resolution, such as a refund or replacement.
Returns: Our returns policy applies to all purchases, detailing the conditions under which products can be returned for a refund or exchange. The policy covers both standard and defective items, ensuring a process is in place for handling returns efficiently.
General Terms and Conditions
Liability and Consumer Rights
As-Is Basis: You acknowledge that our platform and its products are provided "as is." It's your responsibility to determine their suitability for your needs.
Consumer Guarantees: Our services come with guarantees that cannot be excluded under consumer protection laws applicable in your jurisdiction. You are entitled to a range of remedies for failures of products or services, including refunds, repairs, or replacements for major failures. For minor failures, you have the right to have the product repaired or replaced, or the service performed again.
Limitation of Liability: Our liability for any loss or damage arising from your use of our platform or products is limited to the cost of re-supplying the goods or services, unless the loss or damage is due to our negligence or intentional misconduct. We are not liable for indirect or consequential losses that arise from your use of the platform.
Your Responsibilities: You may also be responsible for any loss or damage you cause through misuse of the platform or failure to comply with these terms. Your liability is limited in the same way ours is, except in cases of your own negligence or intentional misconduct.
Intellectual Property Rights
Ownership and Use: The content, design, and materials on our platform are protected by intellectual property laws. You are not permitted to use, modify, or distribute any of these materials without our express consent.
User Content: Any content you upload remains your property, but you grant us a license to use it for the operation of the platform and as described in these terms.
Modifications to Terms
Updates: We may update these terms and conditions at any time. Changes will be effective immediately upon posting. We will aim to provide reasonable notice for significant changes.
Consistency for Orders: The terms that apply to any purchase are those in effect at the time you place your order, regardless of later changes.
Severability
If any part of these terms is found to be invalid or unenforceable, that part will be severed, and the rest of the terms remain effective.
Governing Law
These terms are governed by the laws of the jurisdiction in which our company is registered. Disputes will be resolved in the courts of that jurisdiction, without prejudice to any consumer rights that apply.
Privacy and Communications
Privacy Commitment: By using our platform, you agree to the terms of our Privacy Policy. We are committed to protecting your personal information.
Communications: By creating an account, you consent to receive electronic communications from us, including marketing messages, transactional emails, and service announcements. You can opt out of marketing communications at any time via the unsubscribe link in these messages.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the changes.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which our Platform operates, without giving effect to any principles of conflicts of law.
Contact Us
If you have any questions about these Terms, please contact us through the Platform's designated contact method.