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Terms and Conditions

 

Use of the website

This website is owned and operated by Fruits Garden Dubai LLC. E Fresh Buy is the brand of Fruits Garden. By accessing this website and placing an order or requesting delivery, you agree to be bound by the Terms and Conditions set out below. If you disagree to be bound by these Terms and Conditions, you may not use or access this website. References to this website in these terms and conditions apply to this website. However, you access it, including accessing this website through our applications or a version of this website optimized for mobile devices. Whenever you access this website through a mobile application or mobile-optimized version of this website, the section of these Terms and Conditions also applies. Any questions regarding these Terms and Conditions or subsequent issues should be directed to Fruits Garden Trading LLC Al Awir Fruits and Vegetables Market Wholesale Bld. 3, Unit No: 98-99 Ras Al Khor PO Box. 89683 Dubai, UAE Toll-Free number 800 – FGT (348) / Landline number: 04 3338645 VAT number:100028235800003 Email: cs@fruitsgarden.com

Identity of supplier

Unless stated to the contrary on this website, the products and services supplied under any contract made through this website are supplied by Fruits Garden Dubai LLC. Any reference in these Terms and Conditions to "Fruits Garden" refers to Fruits Garden Trading LLC (registered in the United Arab Emirates with company and trade license number 902646) or, as applicable, any other members of its corporate group of companies.

General

Access to this website is granted strictly under these Terms and Conditions. These Terms and Conditions also apply to all orders/delivery requests placed by you through this website or in the branch. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference. 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:

  1. Modify/withdraw, temporarily/permanently, this website (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 website; or
  2. Change, add or remove portions of the Terms and Conditions from time to time.

You will be deemed to have accepted such changes if you continue to use this website (or any part of it) or continue to place orders/delivery requests after any such changes. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any modification of the Terms and Conditions, then you must immediately stop using this website. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively "Materials"), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Materials, contained on the website is owned, controlled or licensed by or to Fruits Garden, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms and Conditions, no part of the website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without Fruits Garden' express prior written consent. You may use the information on products and services purposely made available by Fruits Garden, provided that you will (i) not remove any proprietary notice, (ii) use such information only for your personal, non-commercial informational purpose, and (iii) make no modifications to any such information. Fruits Garden will do its best endeavours to make sure the website is up to date and accurate. To the fullest extent permissible by law, Fruits Garden does not represent or warrant the accuracy or reliability of any of the information or content about any products or services, software, or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from this website. If you find, in your opinion, that any of the materials or content contained on the website be obscene, offensive, defamatory, racist, harmful, unlawful, inaccurate, illegal, or deceptive, please do let us know by emailing us at cs@fruitsgarden.com. To the fullest extent permitted by applicable laws, Fruits Garden with this excludes liability for any claims, losses, demands, or damages of any kind whatsoever concerning 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 Fruits Garden has been notified. The preceding will apply whether such claims, loss, or damages arise in tort, contract, negligence, under statute or otherwise. Nothing in these Terms and Conditions limits Fruits Garden liability for fraud or death, or personal injury resulting from our negligence. However, if you are a consumer, your statutory rights are not affected.

Linking

Certain links in this website will lead to websites that are not under the control of Fruits Garden. These links are provided solely as a convenience to our customers. When any of these links are activated, you will leave the Fruits Garden website, and Fruits Garden has no control over it. It will not accept responsibility or liability for any material or service contained on any website that is not under Fruits Garden's control. Nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Fruits Garden for any products or services provided or available on such sites. Our linking policy is detailed in Section 4 of these Terms and Conditions. Except to the extent required by applicable law or as otherwise set out in these Terms and Conditions, Fruits Garden 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. Accordingly, Fruits Garden 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 had on other websites. All information or content transmitted by any functionality made available on this website (including any mobile applications or a version of the website optimized for use on mobile devices), including online invitations, e-cards, email, or send to a friend functionality, are the responsibility of you, the sender. You confirm that you will not transmit any material that could be considered offensive, obscene, or otherwise objectionable by using this service. Fruits Garden cannot be held liable either directly or indirectly for the content of any such functionality, nor for any loss or damage of any kind you may incur due to your use of this service. You hereby agree to indemnify Fruits Garden and each member of the corporate group of companies for any such loss which may have occurred. If any provision of these disclaimers and exclusions shall be unlawful, void, or for any reason is unenforceable. 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 misdescribed products. For further information about your statutory rights, contact your local authority.

Your use of the website

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

  1. The personal information that you are required to provide when you register as a customer is true, accurate, current, and complete in all respects.
  2. You will notify us immediately of any changes to the personal information by updating your details on the "My Details"; page on the website or contacting the Fruits Garden Customer Care Team daily from 9am-6pm.
  3. 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.
  4. You will not use the website for any purpose or in any way that is prohibited by these Terms and conditions or is otherwise unlawful or solicit the performance of any illegal activity or other activity that infringes Fruits' rights Garden or others.
  5. You will not deep-link to the website for any purpose unless authorized explicitly by Fruits Garden. You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy the website or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission.
  6. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the website's proper working. You agree that you will not take any action that imposes an unreasonable or disproportionately large burden on our infrastructure.

Accounts, Passwords & Security

Certain features or services offered on or through the website may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any activity that occurs under your account due to your failure to keep this information secure and confidential. You agree to notify Fruits Garden immediately of any unauthorized use of your account or password or any other security breach. You may not use anyone else's ID, password, or account at any time without the express permission and consent of the holder of that ID, password, or account. Fruits Garden cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Contract creation and electronic contracting

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

  1. You place the order for your products on this website by pressing the complete checkout button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on this website.
  2. We will send you an order acknowledgment email detailing the products you have ordered.
  3. Order acceptance and the contract's formation 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 have cancelled it following the instructions below.

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

  1. The product you ordered is not available in stock.
  2. We are unable to obtain authorization for your payment.
  3. A price or product description error is identified.
  4. You do not meet the eligibility to order criteria set out in the main Terms and Conditions.

The contract or any order will be concluded in English. If you require any information regarding orders you have placed with Fruits Garden, please write to the Fruits Garden Customer Care Team, the address details set out in this section above. The Fruits Garden Customer Care Team operates daily from 9am-6pm.

Privacy Notice

We will treat all your personal data as confidential. We will keep it on a secure server and fully comply with all applicable privacy regulations and consumer legislation. If you would like to read more on how we collect, where we collect, or how we use your personal information, please see our Privacy Notice. You can also find information in the Privacy Notice on how to stop receiving marketing information. Cookies, Please see our cookies policy to learn more about what cookies we use, their nature, purpose, and the related usage of your personal information on the Fruits Garden Dubai LLC website.

Our refund policy

Under our refund policy, our customers can return the product at the time of delivery, if due to some reason they are not satisfied with the quality of the product. We will take back the product and issue a refund for the returned products' value, which will either be credited to your account or adjusted in your invoice in case of cash on delivery. Please note the Pre-cut items are not included under the Refund and Return policy. You as a customer can cancel your order up to the slot's cut-off time for which you have placed an order by calling our customer care at 800 FGT. In such a case, we will refund any payments already made by you for the order. Suppose we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website. In that case, we, at our sole discretion, could cancel such orders. We will maintain a negative list of fraudulent transactions and customers and deny access to them or cancel any orders.

Errors/shortages, not fulfilling orders, and quantity limits

Suppose there are errors or shortages in what we supply to you. In that case, we ask that these are brought to the Fruits Garden Customer Care Team (using the contact details set out above in section 1) as soon as possible and preferably within seven days after the delivery or collection. Fruits Garden may decline to fulfill any order. We may limit the number of products per customer or demand (including for any bulk purchases of items on promotion or special offers). This applies to all orders – whether through our online shopping and delivery or collection, our 'shop-in-branch and we deliver' service or in the branch.

Nutritional information

Fruits Garden has produced nutritional information on this website for the general knowledge of the public. It contains information gathered from various sources and, although Fruits Garden believes it to be accurate at the time of publication, to the extent permitted by applicable law and except as otherwise set out in these Terms and Conditions, Fruits Garden accepts no responsibility for, and makes no representation or gives any warranty or undertaking express or implied as to the accuracy or completeness of the information.

General Pricing Policy

Prices quoted are always estimated for various reasons listed below, but you will always be charged the in-store price on the day of delivery or collection. You have the right to return any product with the driver or directly to the branch if you have any issues with the price(s) charged, and we will refund the amount that you have been charged for that product. Prices and the availability of special offers may vary for future dated deliveries and collections. All special offer discounts and multi-value offers will be deducted in-store. Where Multi-value offers to apply to a set of differently priced items, the saving or free item applies to the cheapest items. 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, vegetables, meat, poultry, fish, salamis, etc., may slightly vary in weight and price from your original order. An item is unavailable, and you have indicated that you will accept substitutions, an alternative will be supplied that may affect the price you pay. If we substitute an item with a more expensive one, you will only pay for the item you received. Upon delivery or collection, you will be made aware of unavailable items and their substitutes. You have the right to reject any reserves offered, and we will refund the amount you have been charged for that product. The prices stated on the site are inclusive of any VAT payable.

Country of Origin Information

Fruits Garden is required to provide Country of Origin information for loose and pre-packed fruit and vegetable produce. All possible countries will be displayed for items sold online with more than one possible Country of origin. Please note that the actual Country of Origin might vary from the list displayed online in exceptional circumstances. Customers having ordered these items via the efreshbuy.com website will check the actual Country of Origin on the items once the products have been received. Should the customer not be satisfied with an item because of its Country of Origin, the customer can reject it at the point of delivery or collection or as set out above in the "Cancellation rights" section. Any refunds for unwanted returned items will be made after the products have been returned. Please contact the Fruits Garden Customer Care Team on Toll-Free number 800 FGT / Landline number: 04 3338645 from 9 am-6 pm or by email to cs@fruitsgarden.com with any queries.

Promotional terms used on the website

We often use specific terms and promotional features on our website, which have the following meanings: "Advertising promotions" relate to promotional content that has been created by Fruits Garden in conjunction with suppliers of the products featured. "Suggested" products are those products that Fruits Garden has agreed to promote with the relevant supplier and will therefore appear at the top of your search results.

efreshbuy.com guarantees and returns

Our quality guarantee covers customers on every product, which means that our products will be of satisfactory quality, fit for their purpose, and match our description of them to you. If we deliver a product to you that does not meet these requirements, you can contact us for a repair or replacement or, where this is not possible, for a refund. Should the customer not be satisfied with an item, the customer can reject it at the point of delivery or collection or as set out above in the "Cancellation rights" section. Please contact the Customer Care Team by Toll-Free Number 800 FGT / Landline number: 04 3338645 or email to cs@fruitsgarden.com with any queries and follow the process set out in the "Cancellation rights" section above.

Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misdescribed products. For further information about your statutory rights, contact your local authority. Any refunds for unwanted substitutions or returned items will be made after the products have been returned. Images are provided to help recognize products. Due to packaging redesign and improvements, these may not reflect exactly the pack you receive.

Online Dispute Resolution

Suppose you still feel that we have not satisfactorily resolved your complaint after following our internal complaints procedure. In that case, you can contact the Consumer rights protection department at the Ministry of Economic in Dubai.

Specific exclusions

Food that should be consumed on the day of purchase must be delivered on the same day. If a delivery is to be made any other day than the day of purchase, the customer must take these items with them. We accept no liability for delivering food that is out of sell-by date if delivering the following day.

Linking Policy

Links to other websites efreshbuy.com 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. An organization has regional or local services and associated websites; we will only link to their national website. Wherever possible, we aim to link to websites to ensure information is appropriate and relevant to our customers. Links will be provided at the discretion of efreshbuy.com. Although we endeavor to check sites for high quality, accurate and appropriate information, Fruits Garden will accept no responsibility or liability for any material or service contained on any web site which is not under the control of Fruits Garden, nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Fruits Garden for any products or services provided or available on such sites.

 

Mobile Access

This section of the Terms and Conditions applies (in addition to the remaining Terms and Conditions) when you access this website using a mobile application or a version of this website optimized for use on mobile devices (the "Mobile Access Channel"). If you disagree to be bound by any of these Terms and Conditions, you may not use or access the Mobile Access Channel. You should, if applicable, delete any mobile application used to access the Mobile Access Channel. The Mobile Access Channel is data intensive. You are responsible for any carrier or other data charges incurred when using it. Neither we nor any member of the Fruits Garden Dubai LLC corporate group of companies will be liable for any charges you incur. We recommend you check with your network provider if you are unsure of the charges that may apply. The Mobile Access Channel will use your device's cellular and Wi-Fi connection to synchronize content, including recipes, product catalog, and branch information on the Mobile Access Channel with the information on the main Fruits Garden website. As we have no control over your device's network connection, except to the extent required by applicable law or as otherwise set out in these Terms and Conditions, we do not represent or warrant that any information (including prices, stock availability, product, and store information) is correct or up to date. In the event of a price discrepancy, content and prices published on the efreshbuy.com website will take precedence over any other publication or place of the journal. You should be aware that prices shown on the Mobile Access Channel may also differ from those shown in Fruits Garden branches or on the efreshbuy.com website. Using the Mobile Access Channel to locate Fruits Garden branches in your vicinity, you consent to Fruits Garden collecting location data from your mobile device solely to provide you with details of your closest Fruits Garden branch.

Fruits Garden uses this location data anonymously and will not use it for any other purpose. The Mobile Access Channel is only intended for use by users located in the United Arab Emirates. Users accessing the Mobile Access Channel from outside the United Arab Emirates are responsible for confirming the legality of doing so under local law. They should also note the section of these Terms and Conditions entitled "Delivery/collection restrictions." Copyright Fruits Garden Dubai LLC. All rights reserved. No part of this website may be reproduced in any material form (including storing in any medium by electronic means) without Fruits Garden Dubai Limited's prior written permission.

Delivery schedule for online order:

  1. Morning Order 8am – 1pm, same day delivery within Dubai
  2. After 1pm – onwards, order from Dubai &  all other Emirates will be next day delivery