Carefully read our (“Terms and Conditions”) below before placing order from https://www.foodluna.com. By placing an order for food item(s) or other items from our website, you agree to be bound by these Terms and Conditions
Section 1: About Us.
We are Foodluna Nigeria Limited registered in Nigeria and brand owner of www.foodluna.com simply known as “Foodluna” unless otherwise indicated.
Section 2: Definitions
- 2.3. “You”, “your”, “yours”, “customer”, “client” are references to site user(s) or anyone placing order(s) for our products. Where the user access our website through other channels provided by Foodluna, the user will also bound by these Terms and Conditions;
- 2.4. “We”, “us”, “our”, and “Foodluna” are references to the Company;
- 2.5. “Service” or “Services” is a reference to any service(s) which we render;
- 2.6. “Restaurant(s) or Merchant(s)” means a third party who registered on our website to prepare, deliver or execute any order requested by customer(s);
- 2.7. “Products Delivery” means any form of delivery services provided by our restaurant or merchant or Foodluna Delivery Services;
- 2.8. “Website” means www.foodluna.com our mobile applications or other platforms we choose to offer our services.
Section 3: Order placement
- 3.1. By placing an order through our Website, you enter into an agreement with our restaurant/merchant in respect of the order made. Before placing any order, ensure you have done your due diligence and availability of the item before placing any order. We shall not be liable for any negligent or wrongly placed order made by you.
- 3.2 If you are to use online payment based on your order preference(s) you must be cautious and ensure accurate information. You warrant that your credit/debit card details provided are yours and that you have sufficient funds in your account before making any order(s).
- 3.3. You agreed that any order for food or any other item made on our website is intended solely for you. No resale of food or any other items to third party without our express consent or permission. Where you intend to resell or act as a restaurant/merchant you must reach us and complete necessary processes for merchant registration.
- 3.4. When making order from our website you may be required to provide a valid email address and password. You must ensure that you keep the combination of these details secured and confidential.
- 3.5. All order(s) made on our website are subject to availability, delivery capacity and acceptance by us. Once you place an order online, we will put a call across or notify you by any means to confirm the receipt of your order. The fact that you receive a notification or call from us does not necessarily mean that we will be able to execute your order as at when requested. Once we put a call or send notification to you, we will check the availability of your item, proximities, delivery timeline and other factors before execution.
- 3.6. Where your order is accepted, this will be communicated to you along with the delivery timeline specified by the merchant/restaurant; but where your order cannot be completed at the time it was made, we shall cancel/decline same and notify you accordingly.
Section 4: Prices and Payment
- 4.1. All contracts for the supply of food and other items from our Website are between you and the restaurant/merchant.
- 4.2. Prices for items listed on our Website are correct as at the time of publication, though subject to change. Prices are inclusive of the relevant sales tax and delivery charges which are added to the item price at the time of order and check-out. Upon successful payment for an order, a confirmation receipt will be sent to you by the financial agent you use at the time of order placement, please keep your receipts for confirmation and documentation.
- 4.3. Occasionally, some of our items will be available on promo, and as such prices may change. Ensure you watch out regularly for these changes.
- 4.4. Delivery fees listed on our website are subject to change from time to time.
- 4.5. Prices for ordered food including delivery charges and other charges will be displayed on our Website when you place your order. Full payment must be made before any order can be executed except where payment will be made by cash or cash on delivery. All payments can be made in cash, by cash on delivery or online through your credit or debit card. Where you choose online payment you must pay for your order before it is delivered. To ensure your safety online, your debit/credit card details will be encrypted to prevent fraud or suspicious transactions. Your credit card company may also conduct security checks to confirm if you are the one placing the order.
Section 5: Delivery
- 5.1. All delivery for ordered items shall be made by the restaurant/merchant. Delivery contracts are between you and the selected restaurant/merchant. Delivery timelines at the time of ordering are approximates and may be modified without notice. If your order is not delivered within the estimated delivery time quoted by us, please contact us. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
- 5.2. Ensure your delivery address is clear and straightforward. It should be easily accessible and maneuverable. Items ordered will be sent to the delivery address stated when placing the order. Where delivery cannot be made due to unclear or inaccessible address, you shall bear the risks and foodluna shall not be liable. All risk(s) in the delivery process shall pass to you upon delivery.
- 5.5. If you fail to accept delivery of your order at the time it is ready for delivery, or the restaurant/merchant is unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such item shall be deemed to have been delivered to you and all risk and liabilities in relations to such item shall be borne by you. Additionally, any storage, insurance and other costs incurred as a result of the inability of restaurant to deliver to you shall be your responsibility and we shall be indemnified.
- 5.6. You must ensure that at the time of delivery of your food order, adequate arrangements are in place for the safe delivery and receipt of your order. We shall not be held liable for any damage, costs or expenses incurred to such orders due to your failure to provide adequate access or arrangements for delivery. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- 5.7. We reserve the right to cancel any delivery at any time even after an order is made. Where delivery for a placed order cannot be executed, we shall notify you accordingly and provide reasons why it cannot be executed through our website. We shall not be liable for failure to deliver.
Section 6: Cancellation Policy
- 6.1. You have the right to cancel any order made by you before payment. Ensure you confirm all your order(s) before making payment vides our website. Where you intend to cancel your order, you must notify us immediately by phone or any means of communication that is expedient and quote your order number. If your order cancellation request is accepted, no cancellation fee will apply.
- 6.2. Cancellation of order request shall only be accepted if your order has not been processed. If your order has been processed or delivery in transit has been initiated you shall bear the risks alone and there will be no refund of any payment made for such order.
- 6.3. All complaints in respect of an order must be made promptly before the order is processed. We reserve the right to cancel any order(s) at any time, particularly if the product is not available. We will notify you if this is the case and ask you to re-order if any payment has made by you. Please note that there will be no refund, but you have the right to re-order.
- 6.3. In the unlikely event that the restaurant delivers a wrong order, you have the right to reject the wrong order and you shall be fully refunded for your original order if payment has been made. If the restaurant can only do a partial delivery (a few items might not be available), we would inform you or suggest replacement for unavailable items.
Section 7: Limitation of Liability
- 7.1. Great care has been taken to ensure that the information available on our website is correct and error free. If it came to occur, we apologize for any errors or omissions that we might publish on our website. We cannot warrant that use of the Website will be error free or fit for purpose. We will try our best to correct such errors in a timely and effective manner. Also, Neither can we warrant that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- 7.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
- 7.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website. Similarly, we shall not be liable for any failure by your bank to honor the transaction and for any technical issues attributable to your bank because of which the transaction made by the Cardholder was not successful.
- 7.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
- 7.6. If we have contracted to provide identical or similar order to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
- 7.7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
- 7.8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
- 7.9. In the event that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, foodluna may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, where there is abuse of vouchers or discount codes; Foodluna reserves the right to seek compensation from violators. Where a fraud is suspected or there are suspicious transactions from you, we are mandated by the Nigerian Cybercrime Act 2015 and the NDPR Regulations 2019 to report suspicious actions and transactions to law enforcement agencies. Please take notice.
- 7.10. Offers are subject to Foodluna’s discretion and may be withdrawn at any time and without notice.
Section 8: General
- 8.1. All prices are in Naira.
- 8.2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign part or parts of our rights under these Terms and conditions without your consent or any requirement to notify you.
- 8.3. We may alter or vary the Terms and Conditions at any time without notice to you.
- 8.4. Payment must be made either at the time of ordering the Food, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay promptly will result in the cancellation of your order.
- 8.5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality we shall report such act to law enforcement agencies;
- 8.6. Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
- 8.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- 8.9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria. The parties hereto submit to the exclusive jurisdiction of the Nigerian courts.
- 8.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is communicated in writing.
- 8.11. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- 8.1.12. In the event of any dispute, or disagreement between the parties in relation to this Agreement, the Parties shall at first, meet to negotiate in good faith to settle the matter amicably. Where Parties fail to resolve any matter within 21 days, it shall be referred to a sole Arbitrator to be appointed by the parties herein, or in the absence of such agreement, to an Arbitrator appointed by the High Court of Lagos State.
- 8.1.13. The provisions of the Arbitration and Conciliation Act (Cap A18) Laws of the Federation of Nigeria 2004 shall apply to the arbitral proceedings. The decision of an Arbitrator appointed under this clause shall be final except where there is a manifest error in law or fact or miscarriage of justice.