Terms & Conditions

TERMS & CONDITIONS

1. USE OF THE MOBILE APPLICATION

This web portal is owned and operated by Maxmart Ltd ("we," "us" or "our").

By accessing this web portal and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions you may not use or access this web portal.

Any questions regarding these Terms and Conditions or subsequent issues should be directed to:

Maxmart Online Customer Care
Maxmart Ltd
Liberation Road, 37
Accra
PO Box GP 800
Telephone: 054 087 4765
email: [email protected]

General

Orders/delivery requests placed by using this web portal, along with access to it, is granted strictly in accordance with these Terms and Conditions.

Please read these Terms and Conditions carefully.

These Terms and Conditions apply to your order/delivery request. We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders/delivery requests. We reserve the right to:

• Modify or withdraw, temporarily or permanently, this application (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the application
• Modify or withdraw, temporarily or permanently, this web portal (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the web portal.
• Change the Terms and Conditions from time to time, and your continued use of the web portal (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the web portal.

Maxmart has taken every care in the preparation of the content of this web portal. However, to the extent permitted by applicable law, Maxmart does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from this web portal.

To the fullest extent permitted by applicable laws, Maxmart hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the website or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Maxmart. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.

Linking

Links to other websites

Maxmart mobile application aims to include links to websites that provide relevant and useful information for people interested in food and drink. We do not link to individual personal websites and will not knowingly provide links to sites that contain illegal, offensive or misleading information. Where an organisation has regional or local services and associated websites, we will only link to their national website.

Links will be provided at the discretion of Maxmart. although we endeavour to check sites for high quality, accurate and appropriate information, Maxmart will accept no responsibility or liability for any material or service contained on any web site which is not under the control of Maxmart nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Maxmart for any goods or services provided or available on such sites.

Certain links in this web portal may lead to websites which are not under the control of Maxmart. When any of these links are activated you will leave Maxmart's web portal and Maxmart has no control over and will not accept responsibility, or liability, for any material or service contained on any website which is not under the control of Maxmart nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Maxmart for any goods or services provided or available on such sites.

Maxmart makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the Service, or any of the Materials and accordingly Maxmart accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the Service or in any Materials nor warrants nor endorses any advertising of third parties carried on the Service nor through the provision of links to that carried on other websites.

If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or mis-described goods.

Registration

Customers will be required to register to use the services available from this web portal. Maxmart may decline a registration request at its sole discretion. By registering for the services, customers agree to these Terms and Conditions and agree that:

• The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
• You will notify us immediately of any changes to the personal information by updating your details on the web portal or by contacting Maxmart Customer Care.
• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

• You place the order for your products on this web portal by pressing the checkout button at the end of the checkout process.
• After Maxmart’s verification of the order, there may be changes in quantities available. Our customer service will contact you for your approval on the changes. In case a refund is needed, the customer can choose to get his funds back or get a credit in his Maxmart online wallet for the same value. In case the order value has become higher than what the customer has already paid for, the difference will have to be paid in cash or mobile money to Maxmart.
• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the Products ordered unless we have notified you that we do not accept your order or you have cancelled it.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered is not available from stock.
• A price or product description error is identified.
• You do not meet the eligibility to order as per the criteria set out in the main Terms and Conditions.

2. PRIVACY POLICY

By using this web portal, the customer agrees to receive notifications sent by Maxmart by SMS, Email, and through the web portal. Customer also agrees to receive commercial emails (promotions, information, etc.); however, an option is given to the Customer to notify Maxmart should he not desire to receive commercial mails. Maxmart would then remove the customer’s details from the mailing list.

Your privacy is of the highest importance to us, and we promise never to release your personal details to any outside company for their mailing or marketing purposes. We will treat all your personal information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep your details on a secure server and we will fully comply with all applicable consumer legislation in place.

However, we would like to keep you up to date with a range of products and services provided by Maxmart. This includes news of special events, promotions, and product launches. We are constantly looking for ways to improve our service, we may therefore occasionally contact you for research purposes. We may contact you by telephone, SMS text messaging and/or email.

You have the right to request a copy of any information we hold on you at any time, and to have that information corrected if it is inaccurate. If you wish to view any information you have submitted, please contact Maxmart Customer Care.

When you shop on this web portal, we will ask you to input and will collect personal information from you such as your name, email address, delivery address, telephone number, product selections, credit card, or other payment information, and a password.

We confirm that any personal information that you provide to us (or which is available on public registers) and any user information from which we can identify you, is held in accordance with the laws of Ghana. We use your information only for the following purposes:

• To process your order.
• For statistical purposes to improve this web portal and the service we offer.
• To administer this application.
• To notify you of products or special offers that may be of interest to you, unless you notify us that you do not wish to receive such communication.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, or email.

Your personal information may be disclosed to other businesses within the Maxmart Group and to reputable third parties who will help process your order. Maxmart require all such third parties to treat your personal information as fully confidential and to fully comply with consumer legislation in place.

Cookies

Cookies are small bits of text that your web browser software stores on your computer when you visit some websites. Maxmart application uses cookies to make it easier to use our site and to allow us to improve the service to you, our customer. A cookie allows us, for example, to retrieve your current shopping basket, to recognize you when you visit and to help you navigate around our application.

Our cookies do not collect sensitive information such as your name, address or financial details. The cookie simply holds the "key" that, once you've signed in, is associated with this information.

3. ONLINE SHOPPING

General information and payment security

Delivery / Pick-Up

Delivery and/or Pick-Up can only be possible after a minimum of 90 minutes after the order has been placed.

Cash on delivery orders can only be accepted for orders value of less or equal to GHC 2,500. We reserve the right to amend our charges and minimum spend requirements.

Delivery only available in selected areas. Delivery is at a charge of GHC 20 for orders of GHC 400 and below. Orders above GHC 400 are delivered for free.

If, in the unfortunate situation no one is available to accept and sign for your delivery, the driver will contact you by phone to arrange an alternative delivery time. Redelivery is subject to availability and extra delivery charges. In this case, if you are not reachable to rearrange a failed delivery or collection within 24 hours, your order will be cancelled and the cost of your order will not be refunded to you.

We reserve the right to restrict deliveries in certain areas. This includes the right to withdraw our services to individual customers' addresses if you are repeatedly unavailable to take delivery of your shopping at your chosen slot time or in other exceptional circumstances.

Pick-Up for orders placed via Maxmart’s web portal is available from Maxmart Mall (37) only, for now. Pick-Up is currently free. You will not be charged for your shopping to be picked and packed.

Bags containing purchased items are systematically sealed before delivery.

General payment provisions

The customer has the choice to pay by:

• Cash payment upon collection at store.
• Cash payment upon delivery for orders not exceeding two thousands and five hundreds Ghana Cedi.
• Mobile money or Credit/Debit card: 1% of the total amount transferred is charged to the customer. It is added to the order value and debited from the customer’s account.

Physical gift vouchers cannot be used as a method of payment online. However they may be used when paying in branch.

Physical Maxmart loyalty cards do not grant discount when buying online.

Rewards points sytem

For every 100 Ghana Cedis purchased (after payment is done), customer receives 1 reward point which value is equivalent to 1 Ghana Cedi. Rewards points can be used by the customer in future online orders. 

Coupon Codes and Gift Vouchers

Customers can use promotional coupon codes and virtual gift vouchers codes while placing their order.

Payment Security Policy

We understand your concerns with security and your peace of mind and safety are of the utmost importance to us.

Our online platforms are SSL protected.

Quantity limits on bulky items

Maxmart may limit the number of units of bulky / heavy products per customer order. This applies to online delivery and collection.

Errors/shortages

Maxmart may decline to fulfil any order, including bulk purchase of items on promotion, or included in a special offer.

Upon receipt of his/her order, it is the customers’ responsibility to check that all the items supplied are as per his/her order. Once he/she has collected and signed the receipt note, the customer acknowledges that his/her order has been supplied correctly and in full.

General Pricing Policy

Prices and the availability of special offers may vary for future dated deliveries and collections.

The unit price for products that are weighed and displayed on the site are calculated on drained weight where applicable.

Weighed items such as fruit may vary in weight from that ordered.

The prices stated on the site are inclusive of any VAT payable.

Guarantees and returns

Maxmart will refund and replace any item subject to due compliance by the customer with these Terms & Conditions. Please contact the Customer Care on 0540874764 with any queries.

You are entitled to return items, provided that you exercise your right no longer than 7 days after the day on which you receive the goods. Any refunds for unwanted substitutions or returned items will be made after the goods have been returned.

Your right to return products does not apply to goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

If you wish to exercise your right to return the items, you are obliged to retain possession of the goods and take reasonable care of them. Products must be in their original packaging and unused.

If you decide to return items, we will reimburse to you in cash only the amount in relation to goods to which cancellation rights apply. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

Images are provided to help recognize products. Due to packaging redesign and improvements these may not reflect exactly the pack you receive.

Specific exclusions

Some items that are available in-store will not be available on the web portal.