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.