Refund and Returns Policy
These Terms and Conditions govern the use of the services offered by Merciafoods (“Merciafoods”) on the Merciafoods website (the “Website”). Please read these Terms and Conditions and the Privacy Policy (the “Privacy Policy”) carefully before using Merciafoods’s services or its website.
Your use of Merciafoods services or its website constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and the Privacy Policy, and your confirmation that you are either at least eighteen (18) years of age or under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.
Use Of Website
By using Merciafoods’s website, you confirm that you are either at least 18 years of age or are using the website under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.
We grant you a non-transferable and revocable license to use the website, under the Terms and Conditions described, for the purpose of shopping for items sold on the website. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted to use the website without notice to you.
Some services and features on the website may require registration or subscription. Should you choose to register or subscribe for such services or features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
User Account
You are the sole authorised user of any account you create with Merciafoods and are entirely responsible for all activities that occur under such account.
You are responsible for maintaining the confidentiality of any account name you create as well as any password associated with such account. You agree to immediately notify us of any suspected or actual unauthorised use of your account and/or password.
By providing your contact information such as phone number and email address, you agree to receive information including but not limited to availability of items in your order, status of your order, promotions, other information that Merciafoods may deem fit to send you. At any point, you may request us to discontinue sending you such information.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
If Merciafoods believes that there is likely to be a breach of security or misuse of the Merciafoods website, we may require you to change your password or we may suspend your account.
Within reason, Merciafoods may suspend or cancel your account for a variety of reasons including but not limited to breach of your obligations under these Terms and Conditions.
Merciafoods shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms and Conditions.
User Submissions
The Merciafoods website may allow the submission of various kinds of communication in the form of comments, reviews, photographs, videos, comments and other communication by users of the website.
All such submissions will be considered non-confidential and will be available for Merciafoods to use as it deems fit in any medium and in any territory globally.
All users of the Merciafoods website hereby agree not to submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material; (ii) is unlawful, illegal, obscene, harassing, defamatory, libelous, treasonable, pornographic, hateful, racially, religiously or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Merciafoods or any third party; or (iv) impersonates another person. Merciafoods reserves the right to remove any submission at its discretion and not least if the submission breaches any of the above listed terms.
Merciafoods does not endorse submissions made on its website and Merciafoods disclaims any liability in connection with any submission. You accept that by accessing Merciafoods’s website you may be exposed to submissions that may be offensive, inaccurate or distasteful, and you hereby waive any legal rights or claims you may have against Merciafoods in relation to this.
Website Content And Pricing
While care is taken to ensure the content published by Merciafoods on its website, including but not limited to product images, product names, product descriptions, product functionalities, product uses, product ingredients and prices, is accurate and complete, errors may occur and you hereby agree that Merciafoods will not be liable in any way for such content.
Though content may be the same, depending on item version (e.g. books), images on the site may differ slightly from actual item. Also, prices of items that need to be weighed (e.g. fruits, vegetables, meat) may be guide prices or approximated to enable you make a buying decission. However, you will only be billed for the actual weight purchased; any difference in guide to actual price wil be credited/debited to your Merciafoods wallet as the case may be. Actual price of weighed items will be fully visible to you upon delivery.
In line with this, Merciafoods reserves the right to refuse or cancel any order if the order contains item(s) that are mispriced or contain incorrect, inaccurate or incomplete content.
Order Acceptance And Cancellation
Merciafoods reserves the sole right to determine which orders to accept and process as well as the right to cancel any order at its own discretion. However, Merciafoods will ensure that the cancellation of any order is communicated in an appropriate time and manner.
Orders Including Alcoholic Drinks
Alcoholic drinks may only be purchased by individuals who are at least eighteen (18) years of age. By purchasing such products on the Merciafoods website, you confirm that: (i) you are at least eighteen (18) years of age; and (ii) you will provide legitimate and legally recognised identification confirming your age to the driver upon delivery of your order (iii) you accept that failure to provide such identification may result in Merciafoods and its employees or agents refusing to deliver your order (iv) you accept that Merciafoods and its employees or agents reserve the right not to fulfil delivery of your order if there is any doubt that the identification provided by you is illegitimate, fake or falsified in any way.
Third Party Websites
Merciafoods may provide web links to websites owned or operated by third parties. Merciafoods does not endorse the content or any products or services available on such websites and is not responsible for such content. Your connection to any other websites from the Merciafoods website is at your own risk.
Use Of Material
Unless otherwise stated, all rights to all materials, content, layout, images, text and design of this website are proprietary to Merciafoods. Users of this website may browse the website and may download material displayed on the website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this website, or the making of any derivative works from this Website, is prohibited without the express permission of Merciafoods.
Trademarks And Copyrights
This website is owned, controlled and operated by Merciafoods. All material on this website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us or provided us permission to use such material.
The material on the Merciafoods website may be used by you for personal, non-commercial purposes. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of Merciafoods, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
Territorial Use
Merciafoods offers no guarantee that items on the Merciafoods website are appropriate or available for use in locations outside Nigeria, and accessing the Merciafoods website from territories where its contents are illegal or unlawful is prohibited and done at the user’s risk. Ultimately, the user is responsible for ensuring that accessing or using the Merciafoods website is done in accordance with applicable local laws.
Applicable Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Nigeria and any disputes will be decided by Nigerian courts.
Limitation Of Liability
You agree that Merciafoods shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from or in connection to use of Merciafoods’s services or website. In no event shall Merciafoods’s total liability to you exceed the amount paid by you to Merciafoods.
Indemnity
You hereby indemnify and hold harmless Merciafoods, its owners, licensees, affiliates, subsidiaries and their respective officers, directors, agents, and employees, against any losses, claims, actions, costs, damages, penalties, fines and expenses including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.
Termination
At Merciafoods’s discretion and without prior notice to you, Merciafoods may suspend or terminate your access to the Merciafoods website.
Upon any termination of your access to the website, you shall immediately cease all access to and use of the Merciafoods website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the website in whole or in part.
If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices of Merciafoods in operating the website, your sole and exclusive remedy is to discontinue using the website.
Delivery Windows
For your convenience, we offer a number of windows in which we expect to deliver your order. At checkout, you may select your preferred window and we will make every attempt to deliver within your selected delivery window. In the event that there is a delay, you will be notified as much in advance as possible. Ultimately, the delivery windows are a guide and we are not bound to deliver within the stipulated windows. What we do guarantee is that your order will be delivered within 24 hours of the time of your selected delivery window. That said, the majority of our customers’ orders are delivered within their chosen delivery window and it is always our goal to achieve this. Beyond the delivery window selected at checkout, we are unable to accept requests for deliveries at specific times.
Communicating With You During Order Processing
While processing your order, we may need to contact you to discuss the availability of items in your order and any suggested replacements. We require your response within 15 minutes of receiving emails or phone calls about any replacements in your order, otherwise, we may deliver only the actual items ordered without including any suggested replacements. At checkout, we ask customers their preferred mode of us communicating with them, this preferred mode of communication however only applies to any update to your order prior to dispatch. Once an order has been dispatched, other communication may be by phone call, so we require you to have your phone readily available.
Access To Your Delivery Location
We always endeavour to deliver your order directly to your doorstep, however if access to your location is limited due to a dilapidated road, flooding, road blocks, civil unrest or any other encumbrances, then we will require you to notify us in advance and also to meet the delivery driver at a convenient and more accessible location. Failure to notify us of any such issues may result in a delay and/or rescheduling of your delivery or a cancellation of your order.
Access Within Your Building
Our delivery drivers are very happy to carry your order to your doorstep and even into your home, if you want them to. If your building has an elevator, the drivers will bring the order to any floor you’re on. If, however, the building has no elevator, the highest floor the drivers will walk up to is the 4th floor (assuming the ground floor is the 1st floor). Also, if your order contains large and/or heavy individual items such as water refill bottles, the driver will only walk up to the 2nd floor (assuming the ground floor is the 1st floor) if the building has no elevator.
Meeting Our Delivery Driver
In order to enable our delivery drivers effect timely deliveries, they are mandated to wait for a maximum of 5 minutes for each customer to receive their orders from them. After contacting a customer and the customer is either unresponsive or fails to show up after 5 minutes, the driver will leave your address. If you are unreachable at the point of delivery, your order may be rescheduled at an additional cost. We will accept no liability for perishable or other items that are damaged due to the wait time.
Cancellations
When we receive customer orders, we begin processing them immediately. And because we do not hold our own inventory and we only purchase from supermarkets and retail outlets when customers place orders, as soon as customers pay for their orders, we start purchasing their selected items from the supermarkets. The retailers we buy from have a no-return policy so, we in turn, are unable to return any items customers purchase from us to the retailers. Thus, once an order has been paid for, Merciafoods is unable to accept a cancellation of the order, neither is Merciafoods able to process a refund (either to the customer’s Merciafoods wallet or their bank account). This, however, does not affect your rights to a refund in the event that an incorrect or damaged item is delivered.
Returns
If we deliver an incorrect or damaged item (damage that has been caused by us), we will happily replace the item at no additional cost to you. For us to replace such items, customers will need to notify the delivery driver of their observation at the point of delivery. Once customers have taken delivery of their order and signed confirming this, they take ownership of the items and Merciafoods will be unable to accept any returns. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver before acknowledging receipt by signing. Merciafoods will not accept returns for items that have no material damage to them. Products that are materially intact but whose packaging may have scratches, peels, tearing, dents, discolouration, rust, or any other aesthetic impairment that does not affect the taste, functionality or integrity of the actual product may not be accepted by Merciafoods as a return.
Refunds
In instances where your address is not within our delivery coverage locations or we later receive a payment which did not reflect in our account at the time you made it, we may process a refund to your account after deducting relevant bank charges.
Treatment Of Our Employees
Merciafoods employees always strive to please customers and often go to extra lengths to ensure customers are fully satisfied with the service. We expect that our customers will accord the same courtesy and respect to all our employees they may engage with via email, over the phone or in person. Our employees mean a lot to us and without them, we will not be able to provide the level of service we offer our customers. So, while we will be patient with customers, we will not tolerate any written, verbal or physical abuse to our employees by anyone. Any breach of this by a customer may result in our refusal to fulfill the customer’s order. In such an instance, if the items in the customer’s order have already been picked and paid for, we may decide not to deliver to the customer’s location and instead require the customer to pick up the order at a location of our choosing. If, however, the items have not been purchased, we may process a refund after deducting relevant bank, transactional and operational charges and costs Merciafoods may have incurred. Merciafoods reserves the right to report any incidence of abuse to the appropriate law enforcement authorities.
Privacy Policy
This Privacy Policy details the kind of information we collect from you, how we use it and how we take steps to secure it. The confidentiality and security of the data we collect from you is of priority to us and it is important you read this Privacy Policy carefully in order to fully understand the terms under which you access and use the Merciafoods.ng website as well as other Merciafoods.ng features and services.
Information We Collect
In the process of registering for an account on the Merciafoods.ng website, we may collect some personal identifiable information including but not limited to your name, age, gender, phone number, email address, postal address as well as debit/credit card details. Some of this information may be retained on our website for future reference and use by us while others may be only be used and visible to us during each transaction.
How We Use Information We Collect
Merciafoods.ng collects and uses your personal information to enable us provide services as advertised on our website. This personal information may serve a variety of uses, including notifying you about the status of your order, investigating and resolving complaints/problems, assessing users’ interest in our products and services, notifying you about promotions and offers, customising your shopping experience, minimising fraud and other criminal activity, and for any other reason we deem relevant to your use of Merciafoods.ng, its services and its website.
At any point in time, you may request to stop receiving any of the information we send you. This request may be granted if it does not impact our ability to effectively fulfil your current as well as future orders.
In order to allow us continually improve our level of service to you, we collect and analyse data about our users’ activity on our website. We may also periodically request you to participate in surveys that will give us an indication of your assessment of our level of service, allow us customise your experience on our website, and inform us of ways in which we can improve our service offering.
Security of Information We Collect
Merciafoods.ng makes every attempt to secure your personal information from unauthorised access, use or disclosure. Confidential information we receive from you such as debit/credit card details are handled securely and protected through Secure Sockets Layer (SSL) encryption.
Cookies
A cookie is a piece of data sent from a website to a user’s computer while the user is browsing that website. Cookies are designed to save certain information inputted by a web user on particular web pages that will allow the website recall information such as postal address, phone number, customer name on future visits to that web page.
This provides ease and convenience to a user’s experience by ensuring previously submitted information does not need to be re-entered each time the user is on that web page.
Users have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but your preference can be easily updated in your browser. Opting to decline cookies may restrict users from enjoying the full breadth of Merciafoods.ng’s website and its associated services and features.