By visiting AQ-gourmet.com (“Site”) and/ or purchasing something from us, you engage our “Service” and agree to be bound by the following terms and conditions ( “Terms”), including those additional terms and conditions and policies referenced herein and/or which are available by hyperlink. These Terms apply to all users of the Site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read the Terms carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by the Terms. If you do not agree to all the Terms under this agreement, then you may not access the Site or use any services therein. If the Terms are considered an offer, acceptance is expressly limited to the Terms.
1. Use of the AQ-gourmet.com (“Site”)
All orders and purchases made on the Site will also be governed by the Terms and Conditions of the specific shop(s) you are purchasing from. These can be found on the vendor page.
The Terms do not affect your statutory rights.
We reserve the right to revise the Terms from time to time. Please check periodically for changes. The Terms were most recently updated on 5 November 2020.
To register with AQ-gourmet.com you must be eighteen years of age or over or, if you are a business, you must be operated by a person over eighteen years of age. It is your responsibility to ensure that the details provided by you on registration and at any time thereafter are true complete and accurate. Your account with AQ-gourmet.com is not a credit account and payment will be required upon confirmation of your order.
4. Password security
It is your responsibility to keep your password confidential. You will be responsible for all activities and orders that are executed or submitted under your password. If you have any concerns that someone else knows your password, please contact us immediately. The auto-login facility is provided for your convenience. We recommend that you logout manually whenever you leave the Site. We may require you to change your password or suspend or cancel your account if we have reason to believe that there is likely to be or has been a breach of security or misuse of the AQ-gourmet.com website.
Ordering a product via the AQ-gourmet.com website carries with it the obligation to pay for it. At all times, acceptance of an order takes place on dispatch of the order, at which point the purchase contract(s) will be executed between you and the relevant shops(s) and you will be charged for your order. You will receive confirmation by email that your order has been dispatched.
6. Products or Serivces
All products or services are subject to availability and market conditions.
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of the products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on the Site is void where prohibited by any local law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
While each of our delivery service is limited in certain districts and/or some ground in the countries, there may be times when certain areas are not covered by our service.
PRODUCT PRICING & PAYMENT
- AQ-Gourmet endeavors to provide you with accurate and up-to-date pricing, product and promotional information. However, we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete and accurate. AQ-Gourmet shall not be liable for any errors in the pricing and product or promotional information listed on the Site or through our services.
- The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site or through our services.
- If the actual price of any item ordered by you is higher than that reflected on the Site or through our services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorize us to charge you the additional amounts. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
- Where the actual price of any product is dependent on its weight ("Weighed Item"), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:
- In the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and
- In the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
- All product prices are shown in its local currency you choose and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.
- Payment for all orders shall be made in the currency as shown on the Site.
- We accept payment for orders by bank transfer and credit card such as MasterCard, Visa and JCB or other legal e-payments by local banking authorities.
- By placing your order, you authorize us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.
WeWe will make delivery to your address as filled in by you when you complete a purchase order through the Site with the correct information, phone number and delivery address. If you change delivery address you must notify us so that we deliver to the correct address. Any changes to address details must be made before we dispatch your order. You can contact us through our hotline for any updates on your order, delivery address, etc.
You are responsible for making suitable arrangements to receive your delivery and for giving us appropriate instructions. In the event that you instruct us to leave a delivery unattended at your address or fail to be present to receive the delivery, we disclaim all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes without limitation to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
We reserve the right not to deliver to all locations and to refuse to accept orders from any customer; considerations of delivery problems which may give rise to such a refusal.
If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, we cannot accept liability for any inconvenience or loss that occurs. You will not be charged for any products that are not delivered to you.
You will not be charged for incorrect products or products which we have not delivered in accordance with the Terms. Otherwise our liability is limited to the price of the incorrect products or the products not so delivered.
8. Defective products
You must inspect the products as soon as possible after delivery and notify us promptly if you find any defects. You will be refunded for any defective products or receive a replacement product. Otherwise our liability is limited as provided in the Terms.
You may request a product replacement or refund once the delivery hour has passed and for 24 hours thereafter. We will investigate the issue and confirm to you whether your request has been successful.
9. Delivery charges
Your order may include a charge for delivery. This will be shown to you as a separate charge before you confirm your order.
We accept payment by bank transfer and credit card. We reserve the right to terminate our agreement with you if we are refused authority for payment or reasonably believe that payment will be refused at any stage. You agree to compensate us in full against all reasonable costs expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs. We may at any time after a failed payment has occurred ask a debt collection agency to collect payment from you.
11. Changes to and cancellation of orders
Once an order is placed it cannot be changed or cancelled.
12. No warranty
No warranties or guarantees are given by AQ-gourmet.com except as set out in the Terms. The AQ-gourmet.com website is provided by AQ-gourmet.com without any warranties or guarantees of any kind. You acknowledge that you bear the risks associated with the use of the internet.
While we take reasonable steps to ensure the accuracy of the information accessed via Site, we cannot guarantee or give any warranty as to the accuracy of information or material appearing on it. We have no obligation to verify the content of material supplied by third parties and do not endorse, support, represent or guarantee the accuracy, truthfulness or reliability of any material supplied by third parties. If AQ-gourmet.com is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
- Technical problems including errors omissions or interruptions of the AQ-gourmet.com website;
- Incompatibility of the AQ-gourmet.com website with any of your equipment, software or telecommunications links;
- Unsuitability, unreliability or inaccuracy of the AQ-gourmet.com website but we will take reasonable care to ensure information there is accurate and complete;
- Errors, viruses, worms or "Trojan horses";
- Inadequacy of the AQ-gourmet.com website to meet your requirements.
- You agree that we will not be liable to you or any third party for:
- Any direct, indirect, economic, consequential or incidental damages;
- Loss of revenue, loss of profits, loss of anticipated savings, loss of business or wasted expenditure (whether direct, indirect, economic, consequential, or incidental );
- Any other loss or damages, compensation, whatsoever that arise out of or are related to the AQ-gourmet.com website.
Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the products contained in that order.
We will not be deemed to be in breach of contract or of the Terms as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, breakdown of equipment, road traffic problems.
We shall collect, process, store, and transfer your personal data in compliance with the relevant local data protection legislation and regulation. We shall have no liability to you for loss or damage to data except strictly as required by that legislation and regulation.
Nothing in the Terms will restrict our liability for death or personal injury resulting from our negligence, breach of contract or breach of statutory duty, nor will any of the Terms restrict any of your statutory rights. For further information about your statutory rights, contact your local Office of the Consumer Protection Board.
14. Copyright and intellectual property
The AQ-gourmet.com website and all materials, copy, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files are protected by copyright, trade-marks and other intellectual property rights owned by us or licensed to us.
You may view the content of the Site but the content must not be used, reproduced, copied, modified or distributed for any other purpose including or in connection with another website or for commercial purposes without written permission from AQ-gourmet.com. Any links to the Site must be notified to and approved by us before they are created.
You may not use the AQ-gourmet.com website for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice
- Gaining unauthorized access to other computer systems
- Interfering with any other person's use or enjoyment of the AQ-gourmet.com website
- Breaching any laws concerning the use of public telecommunications networks
- Interfering or disrupting networks or websites connected to the AQ-gourmet.com website
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
AQ-gourmet.com reserves the right to refuse to post material on the AQ-gourmet.com website or to remove material already posted on the AQ-gourmet.com website.
You agree to indemnify us against all losses, liabilities and expenses reasonably suffered or incurred by us as a result of your use of the AQ-gourmet.com website otherwise than in accordance with the above provisions.
We respect your privacy. The personal information that you give us is held with care and security. We do not sell, rent or transfer this information to third parties for their marketing purposes unless you agree otherwise. All your credit card information will be handled by authorized Credit Card / Mobile Wallet payment service provider that are licensed to process customer transaction details. We are in no circumstances would store your credit card information or use it in any reason.
17. Customer Service
We aim to provide the best possible service to you at all times. If you have any comments or complaints, please contact us by email at firstname.lastname@example.org
If you breach the Terms and we take no immediate action, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms.
If any of the Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
The Terms are governed by the local law of the country in which our AQ-Gourmet stores are located and the parties submit to the exclusive jurisdiction of the Country’s courts in relation to any dispute that may arise between them.