Terms and Conditions
This Customer Agreement (the "Agreement") is an agreement between you and Thought E- commerce LLC or its affiliates ("Rafeeq") that states the terms and conditions under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive Rafeeq service, which includes processing and delivery (or arranging for delivery) of product orders (the "Rafeeq Service"). Your use of the Rafeeq Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Rafeeq Service.
Rafeeq Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail at [email protected] or log into your account and send us a message from the "Contact Us" section of the platform or through live chat. For grocery or perishable items, you have up to fourteen (14) days after delivery except baby food, fresh and frozen items. Rafeeq may require the return of the product with which you are dissatisfied before we substitute an acceptable item or we will take the return product back with us and issue a credit note for the value of the return product which will be credited to your wallet account. This can be used to pay your subsequent shopping bill.
1. Rafeeq Service - Managing Your Orders
1.1. Ordering through the Platform - Orders must be received before posted cutoff time for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. To view delivery and cutoff times, visit the Delivery Info section of the Platform. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.
You may cancel orders via "Your Account" section of the Platform or by contacting our Customer Service Department at [email protected]. Please see the "Contact Us" section of the Platform for Customer Service hours.
1.2. Price, Availability and Substitutions. Rafeeq strives to provide you with great prices compared to the competition. Certain items may be priced differently depending on your last delivery address or the address you choose before placing items in your cart. We receive fresh products every day to assure you the highest quality. Due to the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, you can select that item during check out. If you're not happy with the substitution, please email us at [email protected]. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per weight (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, we will not charge.
Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.
1.3. Delivery Fee. A delivery fee may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.
1.4. Variable Weight Orders. Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per pound/ounce indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the invoice issued to you on the day of your delivery.
1.5. Minimum Purchase. Your order may be subject to minimum purchase order total, not including taxes, delivery fees, and surcharges.
1.6. Cancellations. Orders can be cancelled at any given time. If payment is done online, the amount will be transferred to your wallet and can be used in future orders. Amount will be transferred to your wallet after 24 hours or maximum one week time after receiving confirmation from the authorised bank.
2. Rafeeq Service - Payment
2.1. Payment options: .Customers can have 2 different payment options. Cash on delivery, card on delivery (our delivery personnel will have POS machine with them)
3. Rafeeq Service - Delivery
3.1. Delivery of Products. Rafeeq uses refrigerated trucks with freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.
3.2. Delivery Requirements. To receive delivery, you must live in a residential apartment or home and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for the same day.
3.3. Unattended Delivery. In certain areas, Rafeeq may offer unattended delivery. If available in your area, this option is contained in the "Delivery" section of "Your Account" on our Platform. If you select the unattended delivery option, you, and not Rafeeq, are solely responsible for products that are left at your delivery location.
3.4. Limits and Adjustments to Delivery. Rafeeq delivers case sizes of a variety of different goods, including but not limited to laundry detergents and beverages. Given the heavy weight of some of these products, and our concern for the health and safety of our personnel, we have purchase limits on a variety of these items on our Platform. Additionally, in the interest of the health and safety of our personnel, in non-elevator buildings, the highest floor we can deliver to is the 3rd floor and with orders containing 3 cases or more of beverages or other heavy items, we cannot deliver above the 3rd floor. In the event of a non-functioning elevator, the preceding delivery restrictions apply
3.5. Invoices. You will receive an email invoice the day of your delivery. All of your order invoices are available in the "Your Account" section of our Platform. If something is missing from your order, please contact our Customer Service department on 24726611 or email us at [email protected]
3.6. Inclement Weather and Unforeseen Delivery Complications. In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.
3.7. Tips. Rafeeq delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.
4. Access to the Rafeeq Service
4.1. ID Number and Passwords. Access to the Platform is accomplished by creating an account through the use of a user name and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name & password and all use or charges incurred from use of the Rafeeq Service with your password. You agree to notify Rafeeq promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Rafeeq Service until you notify Rafeeq.
4.2. Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account to access the Rafeeq Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and authorized representative for your order. You can update your information in the "Your Account" area on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Rafeeq, and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.
4.3. .Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to [email protected] or you can update your account information yourself by going to "Your Account" on the Platform. Please do not send credit card or other payment information via email.
6. Warranty Disclaimer; Limitation of Liability; Indemnification
6.1. YOU EXPRESSLY AGREE THAT USE OF THE RAFEEQ SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE RAFEEQ SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, RAFEEQ DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE RAFEEQ SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE RAFEEQ SERVICE; RAFEEQ DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. RAFEEQ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE RAFEEQ SERVICES. RAFEEQ DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
6.2. NEITHER RAFEEQ NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "RAFEEQ PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE RAFEEQ SERVICE, OR THE INTERNET. RAFEEQ'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE RAFEEQ SERVICE AND TO TERMINATE THIS AGREEMENT. RAFEEQ RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.3. The material in the Platform is provided for lawful purposes only. Rafeeq operates this Platform for use in specific jurisdictions where it provides its services and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
6.4. You agree to defend, indemnify, and hold Rafeeq Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.
7. General Terms
7.1. Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Rafeeq may suspend or terminate this Agreement or the Rafeeq Service or remove or disable access to any portion of the Rafeeq Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Rafeeq Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Rafeeq reserves the right to collect fees and charges incurred before you cancel your Rafeeq Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
7.2. Notices. Rafeeq may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the "Your Account" section of the Platform. You may give notice to Rafeeq by e-mail (as specified in the "Help" section of the Platform), or by conventional mail to
Attention: CUSTOMER SERVICE
7.4. Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Rafeeq Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Rafeeq Service.
7.5. Amendment. Rafeeq may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
ADDITIONAL TERMS FOR RAFEEQ CORPORATE SERVICES CUSTOMERS ONLY
This section applies to Rafeeq Corporate Services Customers only; if any terms in this section are inconsistent with any terms above, the terms of this section shall apply with respect or Corporate Services Customers. All other terms of the Customer Agreement, above, apply to Corporate Services Customers.
8. Rafeeq Service
8.1. Ordering through the Platform. Delivery is available on most non-holiday weekdays; check the Delivery Info page for exact delivery dates. Orders must be received before the posted cutoff time for a given delivery. Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. You can modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) via the Platform (in the "Your Account" section) up until the posted cutoff time for that delivery. You may cancel orders via the "Your Account" section of the Platform or by contacting our Customer Service Department via [email protected]. However, modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items
8.2. Delivery Requirements. To receive delivery, your requested delivery destination must be in a commercial building where Rafeeq is permitted to make deliveries and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. Rafeeq reserves the right to limit deliveries to the lobby or main entrance of your commercial building. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you and the authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that day or any other day as prescribed by you.
9. Access to the Rafeeq Service
ID Number and Passwords. Access to the Rafeeq Service is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Rafeeq Service with your password. You agree to notify Rafeeq promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Rafeeq Service until you notify Rafeeq of the unauthorized use of your password