Terms & Conditions

Terms of Sale

1. Definitions & Interpretation

Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.

2. Purchase of Products

2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by Smartgrocers (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. Smartgrocers reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.

2.2 Product description: While Seller endeavours to provide an accurate description of the Products, neither Smartgrocers nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.

2.3 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.

2.4 You have the right to cancel your order within twenty-four hours from the time of your order (“Cooling Off Period”). The cancellation must be communicated to Smartgrocers in writing within the Cooling Off Period. Upon the expiration of the Cooling Off Period, all Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.

3. Delivery of Products

3.1 Address: Delivery of the Products shall be made to the address you specify in your Order.

3.2 Delivery & packing charges: Delivery and packing charges shall be as set out in the Order.

3.3 Tracking: You may track the status of the delivery at the “Order Tracking” page of the Platform.

3.4 Delivery timeframe: You acknowledge that delivery of the Products is subject to availability of the Products. Seller will make every reasonable effort to deliver the Product to you within the delivery timeframe stated on the relevant page on which the Product is listed, but you acknowledge that while stock information on the Platform is updated regularly, it is possible that in some instances a Product may become unavailable between updates. All delivery timeframes given are estimates only and delays can occur. If the delivery of your Product is delayed Seller will inform you accordingly via e-mail and your Product will be dispatched as soon as it becomes available to Seller. The time for delivery shall not be of the essence, and Seller (nor any of its agents) shall not be liable for any delay in delivery howsoever caused.

3.5 Deemed receipt: In the event you do not receive the Product by the projected delivery date and provided that you inform Smartgrocers within 3 days immediately from such projected delivery date, Seller will try, to the best of Seller’s ability, to locate and deliver the Product. If Smartgrocers does not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the Product.

3.6 Customer’s failure to take delivery: If the Customer fails to take delivery of the Products (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of Seller’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract.

4. Prices of Products

4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).

4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.

5. Payment

5.1 General: You may pay for the Product using any of the payment methods prescribed by Smartgrocers from time to time.

5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by Smartgrocers from time to time.

5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include Smargrocers), for any failure, disruption or error in connection with your chosen payment method. Smargrocers reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

5.4 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.

5.6 Refund of Payment:

(a) All refunds shall be made via the original payment mechanism and to the person who made the original payment.
(b) We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective payment provider internal processing timeline.
(c) All costs associated with the refund process imposed by payment provider shall be borne by us.
(d) All refunds is conditional upon our acceptance of a valid return of the Product.
(e) We reserve the right to modify the mechanism of processing refunds at any time without notice.

6. Returns/Repairs/Replacements

6.1 All items sold on Smartgrocers are covered under the 100% Buyer Protection and/or Satisfaction Guaranteed.

6.2 Depending on the applied Return policy, you may return your item to us within 7 or 14 calendar days. Countdown starts from the date you received the item to the post stamp date on the return parcel.

Requirements for a valid return:

  • Meets the required coverage period above
  • Printed Return Form
  • Reason for Return has to be valid and return acceptance condition met

Your item cannot be returned after 7 days for items under 100% Buyer Protection and 14 days for items under Satisfaction Guaranteed.

But Smartgrocers protects our buyers by providing warranty. Anything outside the 7/14 days returns period, we provide warranty. If the item is covered by a manufacturer’s warranty, for prompt assistance, please contact the manufacturer directly to organize the warranty claim. You can also find all the contact information of your product’s warranty center on the warranty card inside your package.

6.3 Permitted returns: Within 7-14 days from the date of delivery of the Product, you may return a Product when you:

6.3.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or

6.3.2 receive a faulty or damaged Product.

6.4 Repair, replacement or price reduction: As an alternative to returning faulty or damaged Products under Clause 6.3, a Customer may request for a repair or replacement of such Products. Such request shall be irrevocable upon notification of the request to Smartgrocers and the Customer may not later elect for a return under Clause 6.3. Where the Products have not been repaired or replaced within a reasonable time, Smartgrocers may, at its sole discretion, grant to the Customer a reduction of the price in proportion to the reduced value of the Products, provided that under no circumstance shall such reduction exceed 15 per cent. (15%) of the price of the affected Products. Upon a repair, replacement or price reduction being made as aforesaid, the Customer shall have no further claim against Seller.

6.5 Replacement Products: When Smartgrocers has provided replacement Products or given the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller at Customer’s cost.

6.5 Risk of damage or loss: Risk of damage to or loss of the Products shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Products, the time when Seller has tendered delivery of the Products.

7. Questions and complaints

If you have any questions or complaints, please contact Smargrocers using the “Contact Us” page on the Platform.

8. LIMITATION OF LIABILITY

10.1 SOLE REMEDIES OF CUSTOMER: THE REMEDIES SET OUT IN CLAUSE 6 ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR DEFECTS IN THE PRODUCTS.

10.2 MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS OF SALE, SELLER’S MAXIMUM CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SALE OF PRODUCTS UNDER EACH CUSTOMER CONTRACT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO SELLER UNDER SUCH CUSTOMER CONTRACT.

10.3 EXCLUSION OF LIABILITY: SMARGROCERS INDEMNITEES SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE PRODUCTS OR FAILURE TO COMPLY WITH SELLER’S INSTRUCTIONS ON THE USE OF THE PRODUCTS (WHETHER ORAL OR WRITTEN).

 

Terms of Use

The Smartgrocers.Com web site may contain links to many other web sites. Smartgrocers.Com

cannot guarantee the accuracy of information found at any linked site. Links

to or from external web sites sites not owned or controlled by Smartgrocers.Com does not constitute

an endorsement by Smartgrocers.Com or any of its employees of the sponsors of these

sites or the products or information presented there.

By accessing this web site, you are agreeing to be bound by these web site

Terms and Conditions of Use, all applicable laws and regulations, and agree

that you are responsible for compliance with any applicable local laws. If you

do not agree with any of these terms, you are prohibited from using or accessing

this site. The materials contained in this web site are protected by applicable

copyright and trade mark law.

Intellectual Property Rights

All copyrights, trademarks, patents and other intellectual property rights

in and on our website and all content and software located on the site shall

remain the sole property of Smartgrocers.Com or its licensors and respective owners. The use of our trademarks,

content and intellectual property is forbidden without the express written consent

from Smartgrocers.Com.

You must not:

* Republish material from our website without prior written consent.

* Sell or rent material from our website.

* Reproduce, duplicate, create derivative, copy or otherwise exploit material on our website for any purpose.

* Redistribute any content from our website, including onto another website.

Acceptable Use

You agree to use our website only for lawful purposes, and in a way that does

not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment

of the website. Prohibited behavior includes harassing or causing distress or

inconvenience to any other user, transmitting obscene or offensive content or

disrupting the normal flow of dialogue within our website.

You must not use our website to send unsolicited commercial communications.

You must not use the content on our website for any marketing related purpose

without our express written consent.

Restricted Access

We may in the future need to restrict access to parts (or all) of our website

and reserve full rights to do so. If, at any point, we provide you with a username

and password for you to access restricted areas of our website, you must ensure

that both your username and password are kept confidential.

External Links

The Smartgrocers.Com web site may contain links to many other web sites. Smartgrocers.Com

cannot guarantee the accuracy of information found at any linked site. Links

to or from external web sites sites not owned or controlled by Smartgrocers.Com does not constitute

an endorsement by Smartgrocers.Com or any of its employees of the sponsors of these

sites or the products or information presented there.

E-Mail

We are committed to keeping your e-mail address confidential. We do not sell,

rent, or lease our subscription lists to third parties, and we will not provide

your personal information to any third party individual, government agency,

or company at any time unless compelled to do so by law.

We will use your e-mail address solely to provide timely information about

Smartgrocers.Com.

Smartgrocers.Com will maintain the information you send via e-mail in accordance with

applicable federal law.

CAN-SPAM Compliance

In compliance with the CAN-SPAM Act, all e-mail sent from our organization

will clearly state who the e-mail is from and provide clear information on how

to contact the sender. In addition, all e-mail messages will also contain concise

information on how to remove yourself from our mailing list so that you receive

no further e-mail communication from us.

Choice/Opt-Out

Our site provides users the opportunity to opt-out of receiving communications

from us and our partners by reading the unsubscribe instructions located at

the bottom of any e-mail they receive from us at anytime.

Users who no longer wish to receive our newsletter or promotional materials

may opt-out of receiving these communications by clicking on the unsubscribe

link in the e-mail or e-mail us at {email}.

If you have any additional questions, please contact us.

Spam

Smartgrocers.Com prohibits the use of their website and/or services in any manner

associated with the transmission, distribution or delivery of any unsolicited

bulk or unsolicited commercial e-mail (“Spam”). You may not use any

Smartgrocers.Com services to send Spam. You also may not deliver Spam or cause Spam to be

delivered to any customers of Smartgrocers.Com.

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent,

to or through the Smartgrocers.Com webiste or service may not:

  • use or contain invalid or forged headers;
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any informationin identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third party’s internet domain name, or be relayed from or througha third party’s equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwisecontain false or misleading content;
  • fail to comply with additional technical standards described below;
  • otherwise violate our Terms of Use.

Smartgrocers.Com does not authorize the harvesting, mining or collection of e-mail

addresses or other information from or through the website or its services.

Smartgrocers.Com does not permit or authorize others to use the Smartgrocers.Com services

to collect, compile or obtain any information about its customers or subscribers,

including but not limited to subscriber e-mail addresses.

Smartgrocers.Com does not permit or authorize any attempt to use its services in a

manner that could damage, disable, overburden or impair any aspect of any of

the services, or that could interfere with any other party’s use and enjoyment

of any Smartgrocers.Com service.

If Smartgrocers.Com believes that unauthorized or improper use is being made of any

service, it may, without notice, take such action as it, in its sole discretion,

deems appropriate, including blocking messages from a particular internet domain,

mail server or IP address. Smartgrocers.Com may immediately terminate any account on

any service which it determines, in its sole discretion, is transmitting or

is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail

to, or through, the Smartgrocers.Com website and/or services. Failure to enforce this

policy in every instance does not amount to a waiver of Smartgrocers.Com’s rights.

Unauthorized use of any Smartgrocers.Com services in connection with the transmission

of unsolicited e-mail, including the transmission of e-mail in violation of

this policy, may result in civil, criminal, or administrative penalties against

the sender and those assisting the sender.

Violators of the CAN SPAM Act may be subject to “cease and desist”

orders or penalties from the FTC (Federal Trade Commission) of up to $11,000

per violation. Criminal prosecution is also possible in the case of egregious

offenders, which can result in penalties such as fines, forfeiture of proceeds

and equipment. The worst offenders can also be subject to prison time.

Revisions

Smartgrocers.Com may change these terms from time to time and so you should check these

terms regularly. Your continued use of our website will be deemed acceptance

of the updated or amended terms. If you do not agree to the changes, you should

cease using our website immediately.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable,

it shall be severed and deleted from these terms and the remaining terms shall

survive and continue to be binding and enforceable.

Limitation of Liability

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS

OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT

OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT

SHALL Smartgrocers.Com OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER

(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,

LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY

TO USE THE MATERIALS, EVEN IF Smartgrocers.Com HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH LOSS OR DAMAGES.