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Version: May 10, 2019

Terms and Conditions

These Terms and Conditions were last updated on May 10, 2019.

LEGAL NOTICE

Welcome to EL MERCADO website https://elmercadobangkok.com.

Please carefully read the terms and conditions ("Terms and Conditions") below before placing any order or using this website which is operated by SYBARITE CO., LTD. (“El Mercado”), 490 Soi Rim Klong Phai SingKlong Toey, Klong Toey, Bangkok, Thailand a company registered under the laws of Thailand with company number XXXXX.

By placing an order by phone to El Mercado or through our online shop, our mobile applications or any other channel, for any of the goods or services available from our website, you hereby agree to the following Terms and Conditions.

Please note that we reserve the right to change these Terms and Conditions from time to time by changing them on this website page. We recommend that you to print or save a copy of these Terms and Conditions for future reference. These Terms and Conditions are only provided in English language. If you have any inquiry, please contact us: https://elmercadobangkok.com/contact/

OUR ROLE

El Mercado website provides a way for customers to make orders (“Orders”) for products (“Products”) suitable for delivery or takeover. We also provide delivery services (“Delivery Services”) allowing independent couriers to deliver your Orders to your location.

PURPOSE

We operate this website for the purpose of promoting, advertising, selling and distributing Products supplied by us. By using this website and placing orders with us, you hereby agree to our Terms and Conditions in return of which agreement we will provide you with access to this website and to our Products and Delivery Services.

YOUR STATUS

Capacity and age: To register with El Mercado, you must be over eighteen years of age. In case you are a business, you hereby warrant that your business is operated by a person over eighteen years of age and that you are legally capable of entering into binding contracts.

Specific provision regarding capacity and age for alcohol products: Orders containing alcohol are not accepted from or on behalf of persons under 20 (twenty) years of age which is the legal age to order alcohol in Thailand. In the event that you place an order for alcohol, you will be required to provide your date of birth prior to delivery and ID verification on delivery. You agree for El Mercado to make any verification by phone prior to delivery and agree that El Mercado has the right to refuse any Order or Delivery Service in case you are not of 20 (twenty) years of age or if we or our independent courier or messenger service is unable to verify that you are above 20 (twenty) years of age. For Orders containing alcohol, you agree for El Mercado to make a phone call to confirm that you are at home prior to delivery and you agree to provide valid Identity documents (such as national ID card, driving license or passport) on delivery or pick up.
You may not order or purchase products containing alcohol for anyone who is under the 20 (twenty) years of age.
If you cannot present any valid identification or we can’t contact you at the time of delivery, your order containing alcohol will be returned to us and you will be billed for it without refund.

Food allergy and intolerance: Before placing any Order, you hereby acknowledge and agree that if you have any specific food allergy or food intolerance, you must contact El Mercado in writing to verify if the food is suitable for you. El Mercado Products may contain celery, celeriac, gluten, soya, sulphites, milk and dairy products and nuts as well as other allergens. You are responsible for informing El Mercado in writing of any food allergy or food intolerance before placing any Order.

TERMS AND CONDITIONS FOR ORDERS AND DELIVERY

Placing an Order: You may place Orders by phone, through our website online shop, pro access, our mobile applications or any other channel. After selecting the Products, you wish to order, you will be asked to provide some personal information including, your first name, your last name, your company name (optional), your address for delivery, your phone number and email address. You will also be required to provide a delivery date and preferred time slot for delivery and indicate your preferred method of payment. It is important that you verify that all information you provided is correct before clicking “our place order” button. Once you do so we will process your Order and errors cannot be corrected. El Mercado assumes no responsibility for incomplete or incorrect information. In particular you must provide a precise delivery address and phone number so we can perform adequate Delivery Services.

Payments: Payments can be made using debit or credit card, direct bank transfer or by cash on delivery. In case of payment by debit or credit card you will be directed to a secure payment form and you will be requested to provide your card number, name on card, expiry date and security code. El Mercado reserves the right to accept or refuse additional payment methods.

Creating an account/ Password and Security: you have the possibility to create an account in case you are a regular customer. In such case you must create an account using our account creation page and you must create a password. You are solely responsible for remembering and keeping confidential and not sharing such password. El Mercado is not responsible in case of password theft or illegal use of your password to place Orders. You agree to 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 reserve the right to suspend or cancel any account which we suspect to have breached our terms and Conditions or in case of breach of security of misuse. An auto login facility may be provided for your convenience. If you choose to enable it, you remain liable for all activities and orders which are submitted to your account. You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We advise against enabling auto login if you use a shared computer, mobile device or public computer network.

Minimum amounts: Minimum amounts may be required by us and/or Delivery Services fees may be applicable depending on amount or number of Products ordered and/or location for delivery. By placing your order, you agree to these specific terms.

Amending or cancelling your Order: Once you submit your Order and your payment has been authorized, you are not entitled to change or cancel your Order online. If you wish to change or cancel your Order, you must contact us by phone and the following conditions will apply:
Your order cannot be cancelled/refunded less than 3 hours away from delivery time;
Changes to your order (such as change of delivery time or delivery location) are not possible within less than 2 hours from delivery time. Additional charges may apply in case of changes to your order.
While we will attempt to accommodate your requests, please note that there is no guarantee that we will be able to amend or cancel your order.

No Refund: Except for cancelling or amending your Order as per the above paragraph, you agree that no refund is available for our Products once you have placed an Order. Indeed, El Mercado Products are made to order, fresh food products or perishable goods intended for consumption upon delivery. Once prepared as per your Order or delivered to you, our Products can no longer be returned or exchanged.

Payment authorization: Where any payment you make is not authorized, your Order with us will not be processed.

Processing your Order: Upon receipt of your Order, El Mercado will process it and will notify you by email that your Order has been duly received and is being processed. Any confirmation page that you may see on the website and any Order confirmation e-mail or SMS that you may receive only indicates that your Order has been received and is being processed by us. Such confirmation page, e-mail or SMS does mean that your Order has been accepted. We strictly have the discretion to reject Orders at any time because of Products availability, age verification, weather conditions, strike and force majeure, availability of our independent Delivery Services or for any other reason.
In case we are unable to process your Order, we will endeavor to inform you as promptly as possible.
Delivery Services: Delivery of your Order may be provided by us directly or by independent courier/messengers/delivery services. In case delivery is performed by independent courier/messengers/delivery services, El Mercado assumes no responsibility for such delivery services performed by third parties and you must address your claims to such third-party delivery service.

Delivery area: We deliver Orders in Bangkok CDB as well as other areas which are updated periodically. You may check our delivery coverage and shipping fees in our Order form or directly with us. For large Orders outside delivery areas, please contact us.

Shipping Fees and free shipping: Free shipping is available for Order purchases of a minimum of 1,000 THB (Thai Baht) within Bangkok CBD or as may be regularly updated. Shipping fees apply and are regularly updated for other areas and for Orders of less than 1,000 THB.

Delivery times: Estimated times for deliveries are only estimates. Although we will try our best to meet these estimates, traffic and weather conditions as well as availability of drivers and third-party independent courier/messengers/delivery services may affect delivery times. We guarantee that our Products including food preparations are suitable and fit for use upon their picking up time at our shop/restaurant location. However, and to the maximum extent permitted by law we regrettably cannot assume responsibility or liability associated with the delivery of our Products when delivered by third-party independent courier/messengers/delivery services. By placing an Order with us you explicitly agree to release El Mercado as well as El Mercado affiliates, El Mercado officers and staff of any liability which would arise from third-party independent courier/messengers/delivery services. As an example, you hereby agree that El Mercado is not responsible for Products damaged, tampered with or misused during transportation by third-party independent courier/messengers/delivery services and you agree to save El Mercado harmless of any liability regarding the Products.

Damaged or missing Products: Upon delivery of your Order you must immediately check completeness of your order. You must: (i) notify us upon delivery of your Order and prior to departure of delivery service person from your location in case of any missing or damaged Product; (ii) send us pictures of damaged Products and (iii) provide us with name and contact details of delivery person.

In case of a missing product in your Order, we will immediately verify if such missing Product is due to product unavailability or mistake from us processing your order. In case where a product is non-available we will endeavor to deliver such product if it becomes available or deduct from your Order payment due for such unavailable Product.

In case of missing product caused by theft of a third party or damaged product caused by third party, we regrettably assume no responsibility and you agree that we will not refund no replace such stolen or damaged Order or Product.

Wrong item: in the unlikely event of delivery of a wrong Product, you agree to inform us and you have the right to reject such Product upon delivery. We will endeavor to collect wrong product and replace such Product to match your Order.

No show: In case your Order is delivered and there is no recipient at the delivery location to pick up your Order or in case you do not answer by phone, Products will be returned to us without refund or your Order will be charged to you as if delivered.

Delivery to buildings: In case (ex: (office, hotels, condominium etc.) where the building security does not allow our delivery service or staff to elevate up, we may need to make the delivery at the concierge or the building lobby/building security instead. You hereby agree for such delivery to be made at the concierge or building lobby/building security.

WARRANTIES

We try to ensure that material included on the website or in any other publication, catalogue or materials is correct. However, we cannot accept responsibility if, despite our endeavors, this is not the case. Without prejudice to your rights we may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the website. Neither can we warrant 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 website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

We warrant that our Products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us. We will examine the Products and, if the Products are faulty or defective, the cause of defect not being caused by third party such as during delivery) we will replace the faulty or defective Products or refund the price of the faulty or defective Products. 

The warranty in above paragraph does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession or have been picked up by independent third party.

LIMITED LIABILITY

You expressly agree that your use of, or inability to use, the Products or our services is at your sole risk. The service and all Products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case and to the maximum extent permitted by Law, shall we, El Mercado, including our directors, officers, interns and employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Products or our service, or for any other claim related in any way to your use of our service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or Product) posted, transmitted, or otherwise made available via the service.

We will further not be liable to you for: 
- losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you; 
- losses which are not caused by any breach by us; or 
- business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business). 

In any case, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question. 

We also 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 website.

We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees is limited.

FORCE MAJEURE

We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labor disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

CUSTOMER SERVICE

Inquiries: We would be very pleased to answer any inquiry you may have regarding our Products, Delivery Services, Terms and Condition etc. In order for us to swiftly respond to your inquiries, please submit your inquiries using our contact page under the following link: https://elmercadobangkok.com/contact/

Complaints: We take complaints very seriously and place our customers at the core of our processes. As such we aim to respond to any complaint within 5 (five) working days. Please submit your complaints to the following email address: [email protected] or using our contact page under the following link: https://elmercadobangkok.com/contact/

INTELLECTUAL PROPERTY

Contents of our website as well as our pending or registered trademarks and service marks are the exclusive property of El Mercado and/or El Mercado suppliers or licensors providing such content, trademarks or service marks.

All rights, title and interest in and to our website contents and services, remains and/or shall be the copyright or intellectual property of El Mercado or third parties providing respective content (as the case may be).

You may not use any part of our website, contents, services, trademarks or service marks for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our express written consent.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from our website or service unless with our express written consent.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our website, contents, services, trademarks or service marks, without express written permission by us. 

PRIVACY POLICY

Authorization to use personal data: You authorize us to use, store or otherwise process your personal information in order to process your Orders and perform Delivery Services to you (“the Purpose”) and for marketing and credit control purposes.

Use of your personal data: Except for the Purpose or as may be required by Law, we will not disclose your personal information. Your personal details will not be used in ways to which you have not consented and you are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

Security: We do our best to ensure the security of your details by using up to date industry practices to guard against unauthorized access, use, disclosure or loss. For example, we use Secure Sockets Layer (SSL) technology to encrypt your details as they're transmitted between your computer and our systems.

Marketing: We may from time to time contact you in connection to your account to enable us to manage and fulfil your order correctly. As an example, if a Product you have ordered is unavailable or if your delivery day/time needs to be changed, we would need to contact you.

We may also contact you (usually by phone or email) if we believe that you may have mistakenly made an Order.
Occasionally we may send you a letter, email or other communication, telling you about new products or special offers offered by us or by carefully selected third parties which we believe may interest you.

We may ask you to answer customer satisfaction surveys so as to improve our offering however we will not send and endeavor to stop sending you any message without your consent. If we send you newsletters or emails about our Products, a link to unsubscribe will be provided and you can request to opt out of our distribution list.

When you cancel your account with us, we may archive your address and occasionally send you communications inviting you to try us again. You can remove yourself from our mailing list at any time by contacting us or clicking on the “unsubscribe” link in the communication sent to you.

Use of cookies: Cookies are small data files which are placed on your computer by web servers when you visit certain websites. Our website may use cookies to allow us to identify regular visitors and collect information about your usage of our website. We do not use Cookies to retrieve personal information about you from your computer. The only information we have about you is whatever you have knowingly and willingly provided to us.
If you do not wish to accept these cookies you should decline or set-up your computer browser to refuse cookies.

Recording of inquiries, complaint and phone conversations:
Please note that we may keep records of your inquiries, complaints as well as our responses for archive purpose and that we may use recorded telephone conversations for internal training purposes and improvement of our customer service.

AMENDMENTS

We may update these Terms and Conditions from time to time by posting the updated Terms and Conditions on our website in place of these.

The changes will apply to the use of our website and services after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from us or use our website. If you continue to use our website after the date on which the change comes into effect, your use of our website indicates your agreement to be bound by the new Terms and Conditions.

NON-ASSIGNMENT

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 

NON-WAIVER

No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

ENTIRE AGREEMENT

These Terms and Conditions including our 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 Terms and Conditions and any other term or provision on the website, these Terms and Conditions shall prevail.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. The parties hereto submit to the exclusive jurisdiction of the courts of Kingdom of Thailand.

CONTACT

Any inquiry about our Terms and Conditions or Privacy Policy can be sent to us at: [email protected] or using our contact page https://elmercadobangkok.com/contact/

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