TERMS & CONDITIONS
** Important Information: Due to Covid-19 restrictions we cannot guarantee 100% deliveries all over Thailand. Each case will be checked one by one before the confirmation. Thank you for your understanding. We truly hope this situation will end soon. **
Section 1: Introduction
Welcome to Food Delite! This page tells you the terms and conditions on which we supply the items listed on our website to you. Please read these terms and conditions (the ``T&C’s``) carefully before ordering any Items from our site. By accessing our Products and placing an order you agree to be bound by these T&C`s and our terms of use policy.
Section 2: Ordering
2.1. By placing an order through our Products, you enter into an agreement with the Provider with respect to the processing of that order. The Provider is responsible for the preparation and quality of your order. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
2.2. Items purchased from the Products are intended for your use only and you warrant that any Items purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Items.
2.3. When ordering from the Products you may be required to provide a phone number and email address.
2.4. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
2.5. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us. When you place your order online, we will send you an email to confirm whether the order is accepted or declined.
2.6. If the ordered Item and delivery capacity is available, the Provider will accept and confirm the order. If the details of the order are correct, the order will be confirmed by email if an email address is supplied.
2.7. The confirmation message will cover the delivery details specified by the Provider.
2.8. If the Items are not available or if there is no delivery capacity, we will also let you know by email or phone call.
Section 3: Prices and Payment
3.1. Any contract for the supply of Items from the Products is between you and the Provider. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
3.2. All prices listed on the Products are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax. We also reserve the right to alter the Items available for sale on the Products and to stop listing certain Items.
3.3. All prices listed on the Products by the Provider reflect the price that the Provider charges at the time of listing. We give great care to keep them up to date and reserve the right to alter these in the future.
3.4. The total price for Items ordered, including other charges, will be displayed on the Products when you place your order. Full payment must be made for all Items ordered. Payment can be made by online bank transfer.
3.5. You must pay for your order at the time that your order is confirmed by the Provider.
Section 4: Delivery
4.1. Delivery periods quoted at the time of ordering are approximate only and may vary. Items will be delivered to the address designated by you at the time of ordering.
4.2. In the case that delivery is done by the Provider or a third party delivery partner assigned by the Provider, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by the Provider in either case. However, we will not be liable for any loss caused to you by delivering late. In case of a late delivery, the delivery charge will neither be voided nor refunded by the Provider.
4.3. All risk in the Items shall pass to you upon delivery.
4.4. If you fail to accept delivery of Items at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such Items shall be deemed to have been delivered to you and all risk and responsibility in relation to such Items shall pass to you. Any storage, insurance, and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
4.5. The Provider shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
4.6. Please note that it might not be possible for the Provider to deliver to some locations. If this is the case, the Provider will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
Section 5: Cancellation & Refund Policy
5.1. You can cancel or amend your order at any time by contacting us, but there are limitations on when changes or cancellations to orders can be made. Your order begins processing almost immediately after you checkout. During this processing time it may be possible to cancel your order, but the Provider reserves the right to refuse cancellation or refund at any point in the processing period.
5.2. The Provider may provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact us. In order to be eligible for a refund, you must contact the Provider within 30 minutes of receiving your order and store the received items in the manner appropriate to the type of food (e.g. keep chilled items chilled, frozen item frozen etc.). Notwithstanding the foregoing, refunds are not given to food already consumed and will be subject to the Provider’s discretion.
Section 6: Limitation of Liability
6.1. Great care has been taken to ensure that the information available on the Products is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Products will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Products and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
6.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from the Provider.
6.3. We disclaim any and all liability to you for the supply of Items to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Items. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
6.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Product.
6.5. We shall not be held liable for any failure or delay in delivering Items where such failure or delay arise as a result of an event of Force Majeure.
6.6. The Items delivered by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
6.7. In the event the Provider has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, the Provider may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, the Provider reserves the right to seek compensation from any and all violators.
6.8. Offers are subject to the Provider’s discretion and may be withdrawn at any time and without notice.
Section 7: General
7.1. All prices are in Thai baht. VAT is included where indicated.
7.2. We may subcontract any part or parts of the services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these T&Cs without your consent or any requirement to notify you.
7.3. We may alter or vary the T&Cs at any time without notice to you.
7.4. By using this Product, you agree not to collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Product with respect to their submissions to the Product, or publish or distribute any vouchers or codes in connection with the Product, or scrape or hack the Product.
7.5. The T&Cs together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these T&Cs and any other term or provision on the Products, these T&Cs shall prevail.
7.6. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
7.7. This Agreement shall be governed by and construed in accordance with the laws of Thailand. The parties hereto submit to the exclusive jurisdiction of the courts of Thailand.
7.8. All dealings, correspondence and contacts between us shall be made or conducted in English.