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Please read through the following terms and conditions prior to your purchase of any products. By using our website www.MyFreshCart.com (“Website”) to purchase the products and use our services, you acknowledge that you have read, understood and agreed to these Terms and Conditions. MyFreshCart may amend these Terms and Conditions without prior notice at any time. Your continued use of our services following such changes constitutes your agreement to be bound by the new Terms and Conditions.
1. Price: The prices payable for goods that you order are as set out on the Website. However, the sizes of fresh produce products may vary from the description offered on the Website and additionally, fresh produce prices often fluctuate due to weekly and seasonal availability. MyFreshCart reserves the right to adjust the final bill after issuance of an online invoice on the Website and/or the order price presented or conveyed to you due to any stock shortages, special offers, substitution of nearest product or unforeseeable change of circumstances. Such adjustments shall be marked on the final bill presented to you at the time of delivery.
2. Cancellation: After an order is placed, you may amend or cancel your order at any before/after your scheduled delivery date. However, please be advised to double check your orders before finalising your payment.
MyFreshCart reserves the right to cancel an order, limit transactions, refuse service or terminate accounts registered on this Website at our discretion. Without limiting the foregoing, MyFreshCart may impose transaction limits on the value of any orders made on this Website per day or during any period of time. MyFreshCart shall not be liable to any customer of the Website in the event of any refusal of service or cancellation of order by MyFreshCart. You can cancel your registration with us at any time by writing to us or calling us. If you do so, you must stop using MyFreshCart services.
3. Delivery: Your order will be delivered to the address specified by you on the completed order form. Please note that MyFreshCart’s delivery service is available in selected areas only. MyFreshCart will deliver your order to the main entrance of the delivery address provided on the completed order form and may only carry your order into the delivery address or enclosed area / compound at the delivery address provided that you give MyFreshCart personnel your consent, there is no obstruction of access and/or the said MyFreshCart personnel believes it to be safe and reasonable to do so. This includes any house, office building, condominium, apartment, office area and particular floor and unit of the said office building, condominium and apartment. Upon acceptance of the products, you are the owner of the products and all risk in the products shall pass to you upon completed delivery.
All orders made are processed and dispatched within selected time slots as per the delivery schedules on the Website. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless or until we have delivered them to you. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products.
4. Rejection: You may, at the time of delivery, reject any products delivered to you by providing a reason for such rejection including without limitation to the said products not being of merchantable quality, are defective, damaged and/or not fit for purpose. MyFreshCart may refund to you the amount paid by you for the products in question, whether by way of a refund or purchase credits to be used for future purchases or exchange the product for the nearest substitute at MyFreshCart’s discretion. MyFreshCart shall not have further liability to compensate and/or pay to you any indirect, consequential or incidental loss, damage or expense arising from such damaged, spoilt or defective products other than to refund to you the amount paid by you for those products in question.
5. Registration: To use the services provided by MyFreshCart on this Website, you must register an account with a password and username (“Your Account”). You warrant that you are at least eighteen (18) years of age when you use the Website to place any order of products on this Websit.
You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website. You shall ensure that the details provided by you on registration and at any time thereafter during your continued use of this Website, is correct and complete. Kindly inform us immediately of any changes to the information that you have provided when registering by updating your details on the Website.
6. Password: When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the Website. You are responsible for keeping the username and password of Your Account secure. You shall be solely responsible for the activities of any persons (whether authorised or unauthorised) using Your Account, including all transactions incurred through the use of the Website. Should there be any unauthorised use of Your Account (whether within your knowledge or reasonably expected to be within your knowledge), you must immediately notify MyFreshCart in writing.
7. Warranties of Use: You warrant to us that you will not purchase any products through the Website and/or from MyFreshCart which may be harmful to you or any other third parties whom you have supplied or provided MyFreshCart products to (“Third Parties”). This includes allergies whether within your knowledge or reasonably expected to be within your knowledge (including, without limitation, allergies to peanuts) and/or other medical conditions. You warrant that you will properly investigate whether ingredients of a product are suitable for your consumption and/or consumption of any Third Parties.
8. Content of Website: Whilst every effort is made to ensure that the Website is up to date, MyFreshCart provides access to this Website on an as is basis and makes no representation or warranties about the accuracy, completeness or suitability for any purpose of the information, content and related graphics published on this Website. To the fullest extent allowable by law, you agree that MyFreshCart and/or our employees will not be liable for any direct, indirect, incidental or consequential loss and damage arising out of or in connection with the use of this Website.
9. Access to Website: We aim to offer you the best service possible, however we make no warranties that the website will be uninterrupted, error free. Your access to the Website may occasionally be limited for repairs, maintenance or the introduction of new services
10. Acceptance: The use of the Website for the purchase of products from MyFreshCart shall not be construed as a contract of any kind. Your order made through this Website is an offer to buy from MyFreshCart and notwithstanding the issuance of an invoice by MyFreshCart, the acceptance of the offer shall be upon confirmation of your order by MyFreshCart, subject to your right to cancel in accordance with Clause 2 of these terms and conditions.
11. Intellectual Property: MyFreshCart Grocer is the proprietor of the MyFreshCart trade name. All other trademarks, brand names, product names, copyrights and other intellectual property rights of products offered on this Website are the trademarks, brand names, product names, copyrights and other intellectual property rights of the respective holders. No permission is given by MyFreshCart in respect of the use of any of them and such use may constitute an infringement of the holder’s rights. All elements of graphics, content, logos, designs, page headers, scripts, branding, and concept on the Website and/or bearing the MyFreshCart mark, logo or trade name are the property of MyFreshCart Grocer at all material times. Users may only reproduce or use our graphics, content, logos, designs, page headers, scripts, branding, concept and the MyFreshCart mark, logo and brand name with our express written permission.
12. Severability: Each of the terms and conditions herein shall be construed as independent of every other such restriction and provision to the effect that if any terms and conditions shall be determined to be invalid and unenforceable then such determination shall not affect any other terms and condition herein and all such other terms and conditions shall remain in full force and effect.
13. Governing Law: The Terms and Conditions shall be governed by and construed in accordance with the laws of India.