TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS BY JONAS BROWNE & HUBBARD (GRENADA) LIMITED (trading as “The Food Fair”)
The following Terms and Conditions apply to all transactions on the Food Fair webstore. Please scroll through this screen, read them all carefully and print a copy for future reference. By accessing and using our website and/or webstore (whether you make a purchase or not) you agree that you have read understood and accepted the terms and conditions set out below and agree to be bound by the same.
If you do not agree to any of our terms and conditions you should not continue to access and/or use our service.
Definitions
The following words have the meanings set out below anywhere they appear in this agreement:
- “Business day” means every day of a calendar year apart from weekends and statutory and public holidays
- “Company” means “Jonas Browne & Hubbard (Grenada) Limited (trading as “The Food Fair”)” a limited liability company incorporated under the laws of Grenada with its registered office situated at the Carenage, St. George’s and includes its successors in title
- “Food Fair” means the company supplying goods under this agreement and may include its affiliates, agents, licencees, or such other person(s) as it shall duly authorize in this behalf
- “Us” means Food Fair and you together
- “You” and “Your” means the person ordering goods under this agreement
Making a purchase
Before you make a purchase of any product or service from this store, you may be asked to supply certain information relevant to your purchase and in keeping with any applicable law. Such information may include but not be limited to your name, age, address and contact information. This information is intended to be used solely for the purpose of your purchase and will not be given or sold to any third party.
Please review our privacy policy which can be found here: https://www.foodfair.gd/privacy-policy/.
We reserve the right to refuse to accept your order and these terms and conditions will only become legally binding on us when Food Fair accepts your order.
Pricing and payments
All prices are in Eastern Caribbean Dollars, inclusive of VAT and exclusive of delivery charges. You may pay us using most major credit or debit cards. The prices payable for goods and services that you order are as stated on our website and are valid up to the time of completion of your purchase.
Availability
Food Fair makes every effort to ensure that all advertised items are in stock and that out of stock items are notified on this site. In the unlikely event that we have insufficient stock to fulfill an order, any sum debited from your credit or debit card will be repaid to you within the time stipulated in our refund policy below.
Our prices, offers and products are subject to availability and may change at any time prior to acceptance of your order.
Minimum age
If you order a product where the minimum age requirement is indicated you confirm by ordering that you are of the required age.
Delivery range and Charges
Delivery is restricted to a three (3) mile radius of the Food Fair Grand Anse Branch, which is located at Grand Anse, St. George’s.
Delivery is free for all orders equivalent to or in excess of One Hundred Dollars ($100.00).
All other orders are subject to a delivery cost of Twenty-five Dollars ($25.00).
Delivery generally
When you place an order with us, you will have the option to pick-up your order or to have it delivered to the delivery address you give to us.
If you chose the pick-up option, you must pick up your order at our Food Fair Grand Anse Supermarket, which is located at Grand Anse, St. George’s.
Pick-up must be between the hours of 8am and 5pm Monday to Saturday but for same day pick-up, orders must be placed before 4pm.
We will strive to ensure that pick-up orders are ready within one (1) hour of our acceptance of your order.
Delivery will be made within three (3) hours after your order is accepted.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Your right to cancel this agreement
You may cancel this agreement with us no later than ten (10) business days after the delivery of the goods or services that you have ordered and in such a case we will refund your purchase within five (5) business days of your notifying Food Fair of this cancellation PROVIDED THAT the goods in question are returned by you and received by Food Fair in the condition as they were when they were received by you except for reasonable exposure during use before any defect was discovered.
If you have received the goods before you cancel your contract, then you must send the goods back to Food Fair at our contact address at your own risk and cost as soon as possible. If you cancel this agreement but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
We shall only be responsible for the costs of returning the goods if they were sent to you in an unacceptable condition.
Once you have notified Food Fair that you are cancelling this agreement, any sum received by Food Fair from your card or otherwise paid to Food Fair will be refunded to you as soon as possible and in any event within thirty (30) calendar days of your order PROVIDED THAT the goods in question are returned by you in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be refunded to you.
Cancellation by Food Fair
Food Fair reserves the right to cancel this agreement between us if:
- Food Fair has insufficient stock to deliver the goods you have ordered; or
- Food Fair does not deliver in your area;
If Food Fair cancels your agreement, Food Fair will notify you by email and will refund you any sum deducted by Food Fair from your card as soon as possible but in any event within thirty (30) calendar days of your order. Food Fair will not be obliged to offer any additional compensation for disappointment suffered.
To cancel this agreement, you must notify us in writing at the address below.
Liability
If the goods Food Fair delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Food Fair shall have no liability to you unless you notify Food Fair in writing at our contact address below of the problem within ten (10) business days of the delivery of the goods in question.
If you notify Food Fair of such a problem with the goods, our only obligation will be, at your option:
- to make good any shortage or non-delivery
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we chose.
Perishable goods must be returned to Food Fair within two (2) days of delivery to you at your own costs and risk unless they were received by you in an unacceptable state. This does not affect your right to return under the Consumer Protection Act, Act 2 of 2018 (as amended).
Save as precluded by law, Food Fair will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to Food Fair under this condition and Food Fair shall have no liability to pay any money to you by way of compensation other than to refund you the amounts referred to under our refund policy.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under any applicable law or statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Copyright
All content included in or made available through the Food Fair Webstore, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company or its content suppliers and protected by Grenada and international copyright laws.
The compilation of all content included in or made available through the Food Fair Webstore is the exclusive property of the company and protected by Grenada and international copyright laws.
Trademarks Graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Food Fair Webstore are trademarks of the Company.
The Company’s trademarks may not be used in connection with any product or service that is not the company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the company.
All other trademarks not owned by the company that appear in the Food Fair Webstore are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
Electronic Communications
When you use the Food Fair Webstore, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Product descriptions
Food Fair has made every effort to ensure that all goods advertised and supplied are as accurate as possible, including but not limited to the colour of our goods. However, as the actual colours of the products depend on your monitor, we cannot guarantee that your monitor’s display of the colour will be accurate. Save for the foregoing the Food Fair expressly warrants that its goods are as advertised.
Notices
Unless otherwise expressly stated in this agreement, all notices from you to Food Fair must be in writing and sent to our address below and all notices to you will be displayed on our website from time to time
Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control, including without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, floor, hurricane, fire, earthquake, explosion, accident or any other event or circumstance beyond our reasonable control.
Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
Privacy policy
You acknowledge and agree to be bound by the terms of our privacy policy.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available under law.
Governing law
This contract shall be governed by and interpreted in accordance with Grenadian Law and the courts of Grenada shall have jurisdiction to resolve any disputes between us.
Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact terms and privacy policy, set out the whole of the agreement relating to the supply of the goods to you by us. Nothing said by any salesperson or in any store’s literature or terms and conditions on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Food Fair. Save for fraud or fraudulent misrepresentation, Food Fair shall have no liability for any such representation being untrue or misleading.
Our address
The Carenage
St. George’s
Grenada