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Terms & Conditions

WOW Delivery – Online Terms and Conditions of Sale

1. About these Terms and Conditions of Sale

1.1 These are the terms and conditions (“Terms”) for the sale and purchase of the goods (“Goods”) listed on the WOW delivery App. Please read these Terms carefully,

1.2 We may update these Terms, Privacy Policy and Terms of Use at any time. You should check these Terms before placing each order to ensure that you are aware of any changes.

1.3 Please note that upon registration you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Goods from the App.

1.4 Before placing an order, if you have any queries relating to these Terms please email us at wowdeliverysey@gmail.com

1.5 In our dealings with you, we work on the assumption that all sales are to private consumers, you are at least 18 years old and are legally capable of entering in to binding contracts. You must ensure that the details provided by you on registration are correct, and inform us immediately of any changes by updating your personal details.

1.6 These Terms of Sale, and any Contract between us, is only in the English language.

1.7 These Terms do not affect your statutory rights.

2. How the Contract is formed between you and us

2.1 The App will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.2 All purchases made on the App are governed by the latest version of these Terms existing at the time of order. Accordingly, you should check prior to each order to ensure that you understand the precise Terms applicable to your purchase.

2.3 You may place, cancel, amend or correct orders online on the WOW delivery app. Orders can cancelled at any time two working days prior to the day of delivery. Once your changes have been reflected in the "My Orders" section of the App they are deemed to be confirmed. This may take a few moments. It is not possible to amend an order on the App less than two working days prior to delivery. For the purpose of this clause, Public holidays & Sunday is not considered as a working day.

2.4 The Only way to make any amendments to an order is by the cancellation of your original order, and a new order being created. You will be refunded for the original order and charged separately for the new order. For card payments this refund may take a few days subject to the bank processing the refund .The refund will be immediately credited to your wallet. You will receive email confirmation for the cancellation and the new order. See paragraph 3.4.3 for more details on how this may impact your orders.

2.5 The placing of Goods on our App is an invitation to accept offers for those Goods; it is not an offer to sell at the listed price. By placing an order on our App you make an offer to purchase in accordance with these Terms. We will acknowledge receipt of your order via e-mail but this does not constitute our acceptance of your offer to purchase. Your offer has been accepted by us only when we have confirmed that the Goods are available for delivery in accordance with paragraph 4 of these Terms and subject always to availability of the relevant Goods.

2.6 Goods will not be supplied for the purposes of resale, and are only supplied for your own use as a consumer. Images of the Goods are provided for illustration purposes only. We cannot guarantee that your devices’ display of the colours accurately reflects the colour of the Goods. The packaging of the Goods may vary from that shown on images on the App. Our Frozen meats are shown as fresh for illustration purposes only but will actually be delivered frozen.

3. Customer Registration and Placing an Order for Goods

3.1 You will need to register on the App before you will be able to place an order. To register you will need a valid email address and a mobile number. Our service is a membership service and your membership and ability to use the App and place orders will only be activated once your membership has been accepted by us. We reserve the right to accept or refuse application for membership.

3.2 There are two types of order that you can place:

3.2.1 a One-time order – this is an order for Goods you order once for a particular delivery day or set of delivery days (“One-time Order”). Your One-time Orders can be seen in the “My Orders” section of the App; and

3.2.2 a Recurring order - this is an order for Goods you order to be delivered Regularly each week or fortnight for delivery on a particular day of the week (“Recurring Order”). Your delivery person will deliver items you place on Recurring Order without you having to order each time. Your Recurring Orders can be seen in the "My Recurring Items" section of the App.

3.2.3 You will not be able to place a Recurring Order unless you have completed a recurring payment set-up using one of our accepted payment methods via debit card or credit card) through our third party secure payment network ("Recurring Payment Set-Up").

3.3 If you do not wish to complete a Recurring Payment Set-up, you will only be able to place One-timeOrder(s) which will be payable at the time of ordering in accordance with paragraph 5 (How to Pay).

3.4 The price of the Goods will vary depending on whether you place a One-timeOrder or a Recurring Order as follows:

3.4.1 For One-timeOrders: the price of the Goods will be as quoted on the App at the time you place your order. If you amend a confirmed order prior to delivery, the prices charged for the new item(s) will be those applicable at the time that the amended order is confirmed.

3.4.2 For Recurring Orders: the initial price of the Goods will be as quoted on the App at the time you set up your Recurring Order. If you have set up a Recurring Order, the price for Goods in future orders may differ from the price of those Goods originally ordered by you. Subject to paragraph 3.4.4 (Promotional Pricing), the price for Goods which are part of a Recurring Order shall be the full list price applicable to your delivery date. You can check the cost of your Recurring Order in the “My Orders” page on the App from 10am the day before your delivery.

3.4.3 Making Amendments: As described in paragraph 2.4, if you amend either a Recurring or One-timeOrder, then the price charged for the amended order will be the price applicable to the item(s) at the time that the amended order is confirmed. Making amendments may also impact upon your applicable promotions, as described in paragraph 3.4.6.

3.4.4 Promotional Pricing (Recurring Orders): If the Goods are on promotion at the point that your Recurring Order(s) is confirmed, you will receive the promotional price on your Recurring Order(s) for the duration of that promotional offer. Once that promotion has ended, Goods in your Recurring Order will be charged at the full list price for the Goods, as varied from time to time. Recurring Orders will also benefit from subsequent promotional prices and offers (e.g. multi-buy offers) as applicable from time to time (provided that you satisfy the promotional terms and conditions) and you will be charged the promotional price for the Goods during any subsequent promotion.

3.4.5 Promotional Pricing (One-timeOrders): If the Goods are on promotion when you place a One-timeOrder, you will receive the discounted price for the Goods provided that you satisfy the specific terms and conditions for that offer.

3.4.6 Promotional Pricing (General): If you amend or cancel an order in accordance with paragraph 2.4, your original order is cancelled and a new order is placed for the Goods. This means you may lose the benefit of promotions that were applied to your original order. You will benefit from promotional offers for Goods where your order for those Goods satisfies the terms and conditions for that particular offer.

3.4.7 We may run new customer registration offers from time to time via the App or our social media channels (e.g. ‘10% off an order’). Offers will usually require the entry of an offer or discount code before payment is made in order to redeem an offer. The terms and conditions for all of our offers will contain full information on offer redemption, and set out any specific restrictions, where applicable.

3.4.8 The prices stated on the App will be inclusive of any VAT payable, unless otherwise stated.

3.5 You are able to place orders on the App up to 30 days in advance, however this order window may fluctuate depending on the date you place your order, and on the dates that we deliver to your area.

3.6 We have made every effort to describe and display as accurately as possible the Goods that appear on the App. However, your Goods may vary slightly from those images, especially those Goods which are handcrafted.

3.7 We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However please see paragraph 3.9 for what happens if we discover an error in the price of Good(s) you ordered. All prices are subject to change.

3.8 Our App contains a large number of Goods. It is always possible that, despite our reasonable efforts, some of the Goods on our App may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

3.8.1 where the Goods correct price is less than the price stated on our App, we will charge the lower amount when dispatching the Goods to you. Where you have paid in advance for an order, we will refund within 72 hours of delivery the difference between the price paid and the lower amount; and

3.8.2 if the Goods correct price is higher than the price stated on our App, we will charge the lower amount when dispatching the Goods to you. This is always subject to paragraph 7.5.

3.9 For items that are sold by weight, we will do our best to ensure that items do not weigh less than the weight indicated on the App for such items. However, it is possible on certain occasions that there may be a weight variance of 10 to 15% between the items supplied and the weight indicated on the App. If you feel the difference in weight between what has been supplied and what has been purchased is unreasonable and /or unacceptable to you then you must notify us in writing and we will process a refund in accordance with these terms and conditions.

 

4. Order Confirmations

4.1 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in paragraphs 4.2 and 4.3 as applicable.

4.2 You will receive a single e-mail acknowledging confirmation and acceptance of a Recurring Order or One-timeOrder. You will not receive subsequent order confirmations unless you cancel or amend a Recurring Order.

4.3 Orders will only be confirmed for delivery once they have moved from ‘My shopping basket’ to ‘My Orders’. To confirm an order for delivery a payment method must be selected. No orders can be delivered before this is done. Once an order is confirmed, we are under an obligation to deliver conforming Goods subject always to the availability of the relevant Goods and you are under an obligation to pay.

4.4 Orders will not be accepted unless the total value of the order exceeds SCR 500/-

5. How to Pay

5.1 You can only pay for Goods by bank transfers or debit/credit card (other than American Express) as set out below. No other vouchers, savings stamps, “money-off” coupons (unless issued by WOW delivery) or cash or cheques will be accepted towards payment of an order. The debit and credit cards accepted by us are those listed on the payment page of the App on the date on which your order is placed. You will, at any time, be able to access your most up-to-date statement of account through the “My Orders” section of the App.

5.2 The options for payment depend on the type of order you have placed:

5.2.1 One-timeOrders: One-timepayment can be made by debit or credit card as detailed on our App. Upon completion of credit or debit card payment details online you will receive an on-screen confirmation and your order will be visible in the “My Orders” section of the App. A confirmation will be sent to your designated email address. This may take up to 24 hours. Payment will be taken at the time of order.

5.2.2 Recurring Orders: must be paid for using a recurring card payment facility: Recurring Credit or Debit Card Payment: Once you have successfully set up your debit card or credit card on the payment section of the App, you will be charged weekly in advance of delivery on the Sunday for your Recurring deliveries the following week, Monday to Sunday. You will receive an email when you set up your Recurring Order to your designated email account detailing the amount of payment to be taken each week for the duration of your Recurring Order. Any amendments to your Recurring Order after 9pm on Saturday of any week will for the first week be dealt with as a One-timeOrder and be paid for in accordance with paragraph 5.2.1 above. Your Recurring Order will then be updated together with the adjusted value of your Recurring Card Payment. If you have removed any items from your Recurring Order after 9pm on the Saturday of any week, you will receive a refund on your card used to pay the Recurring Payment within 72 hours of receiving notification from us that the Goods were not delivered and the amendments to your Recurring Order will be in place for the following weekly delivery.

6. Payment Failures

6.1 In order to minimize the chance of a failed payment due to expired, lost, stolen, re-issued or out of date payment details for Recurring Order customers, it is your responsibility to notify us and re- place your order on the App so as to not affect the delivery of the goods.

6.2 We reserve the right to suspend your account and any further deliveries and take any other action as we consider appropriate in the event of (1) a failed payment: (2) us being refused authority for payment or (3) our reasonable belief that payment will be refused at any stage.

6.3 You agree to compensate us in full against all reasonable costs, expenses and outgoings incurred by us in obtaining payments from you in the event a failed payment occurs.

7. Delivery

7.1 Delivery is free of charge however if you request delivery outside of the period we deliver to your area, we may be able to accommodate you subject to an additional delivery charge which will be communicated to you through email for acceptance and will, subject to paragraphs 7.2 and 7.3, be made to the address specified by you when you register on the App.

7.2 When you register on the App you will be advised on whether we deliver to your area. We reserve the right to restrict or cease deliveries in any area at our sole discretion. We will provide you with up to 7 days advance notice of any restriction or cessation of deliveries in your area. If delivery dates are restricted and you are not happy with the proposed revised delivery days for your Recurring Order or any One-timeOrder you may cancel the order. If we cease to deliver in your area, your Recurring Order or any One-timeOrder will be cancelled. In the event of any payment received in respect of a cancelled order we will refund you within 72 hours of receiving notice of cancellation.

7.3 When you register on the App, you will be advised of the days on which we delivers in your area. For example, if we deliver in your postcode area on Mondays, Wednesdays and Fridays, then you will be offered those three days for delivery. Delivery outside of these times is not available for either Recurring Orders or One-timeOrders, unless we notify you otherwise. We reserve the right to change your delivery pattern if required. We reserve the right to change your assigned delivery days as needed by the local delivery hub.

7.4 Subject to paragraph 7.2 and 7.3, delivery will be made on the day you have requested, usually before 7pm. However due to the nature of our business we cannot guarantee your order will be delivered by a certain time.

7.5 All Goods are subject to availability and prevailing market conditions. We may at our discretion limit the quantities of Goods (particularly any Goods on special offer) supplied to any customer if in our opinion the quantity ordered jeopardizes availability for other customers. If we do so we may offer a reasonable substitute in accordance with paragraph 8 below.

7.6 Your acceptance of Goods shall be deemed to take place on delivery, unless we are notified in accordance with paragraph 9. If you have specific delivery instructions please advise us in the ‘My Account’ section of the App.

7.7 If you are going on holiday or you will be absent from your delivery address for a period of time and you would like to postpone your Recurring Order deliveries please log-in to “My Account”, click on the ‘Pause order’ link and add your absent dates. If you do not inform us of the dates you will be away from your delivery address then your deliveries will continue to be made as normal and you will still be charged for deliveries.

8. Substitutions

8.1 In the event of non-availability of any Goods you order or we limit the quantity of particular Goods that you have ordered, we may offer a reasonable substitute.

8.2 Where a substitute item is offered in place of any Goods ordered, every effort will be made to bring you a product of equivalent or better quality and value as the original item and the price you will be charged will be the lesser of the original Goods ordered and the substitute item and where appropriate receive a refund for the difference.

8.3 If for any reason you are not happy with any substitute item you may reject the item and return it in accordance with:

8.3.1 Paragraph 8.4 if the substitute item is a Good which is a 'Perishable Item' (the meaning of Perishable Item is an item which is liable to deteriorate or expire rapidly, for example fresh fruits and vegetables, milk & other dairy products, bread or has a "use by" or "best before date" which expires 6 weeks or less from the date of delivery);

8.4 If the substitute item we have provided you with is a Perishable Item and you wish to reject it, please let us know within 3 working days of delivery and we will promptly reimburse the amount you have been charged for the item. You will need to leave the item out for our delivery personnel to collect as instructed by us.

8.5 We may make changes to product ranges from time to time. Where we are removing a product from the range we will always contact you if you have such an item as part of your Recurring Order, to advise you of its removal. Where a direct substitute is being made available we will automatically replace this item in the Recurring Order. Otherwise a suggestion for an alternative will be made where appropriate.

8.6 If we are unable to supply you with Goods, for example because those Goods are not in stock, no longer available or because we cannot meet your requested delivery date, your order will be logged as ‘not delivered’. If you have already paid for the Goods, we will process a refund for the full amount within 72 hours of receiving notification that the Goods were not delivered.

9. Defective or Incomplete Goods

9.1 If you think that any of the Goods you have received does not match its description, is not of satisfactory quality, does not meet any relevant guarantee we have made, or is otherwise faulty or defective, then please contact us by email at wowdeliverysey@gmail.com where we will do our best to help you and, where applicable, arrange for a refund. We reserve the right to ask you to send us reasonable evidence of any of the Goods affected by such issues.

9.2 We will refund to you the cost of any product affected by such issues. To receive a refund of an affected Perishable Item though, you must notify us of any such issues before the expiry of the "use by", "best before" or "BBE" date stamped on the product or where no such date is provided within 3 working days after the date of delivery.

9.3 The guarantee provided above is in addition to your legal rights in relation to Goods that are defective, faulty or not as described.

9.4 Where we give you a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.

10. Cancellation

You can cancel your order up to 2 days before delivery on the app/ website from ‘my order’ section.

In case of pre-paid orders, you can choose your preferred refund method. The app/ website offers two refund methods (i) Refund to Wow Wallet (refund will happen instantaneously).  (ii) Refund to credit/ debit card (it may take up to 1-2 working days for the amount to get reflected on your card)

In case you need to cancel your order due to some unavoidable reason after the cutoff time of 2 days, please contact us on +248 2611219

11. Our Liability to You

11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

11.2 We do not in any way exclude or limit our liability to you for:

11.2.1 death or personal injury caused by our negligence;

11.2.2 fraud or fraudulent misrepresentation;

11.2.3 liability which may not be limited or excluded under the Seychelles Commercial Code;

11.2.4 defective products under the Seychelles Commercial Code; or

11.2.5 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11.3 We only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. Events Outside Our Control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in paragraph 11.2.

12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, cyber-attack, or failure of public or private telecommunications networks or impossibility of the use of motor transport or other means of public or private transport or disruption to the App.

12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:

12.3.1 We will contact you as soon as reasonably possible to notify you; and

12.3.2 Our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13. Privacy

13.1 We are committed to preserving your privacy. The personal information you provide will enable us to provide you with the Goods you require. We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than in accordance with our Privacy Policy. Please see our Privacy Policy for more information about our use of your personal information.

13.2 When you register with WOW delivery you will be asked to create a password. Please keep this secret, as you are responsible for maintaining the confidentiality of your password. You are responsible for all orders placed with us or information given to us under your Account in combination with your password. You must immediately notify us of any unauthorized use of your account and/or password or any breach of security known to you.

14. Information About Us

We are WOW delivery. Our registered office is at Somerset house – Providence, PO Box 1150, Victoria, Mahe, Seychelles and our VAT number is 327654584.

15. Contacting Us

15.1 If you have any feedback or a complaint about a WOW delivery product you have bought or if you have a query regarding a delivery, please contact us by email at wowdeliverysey@gmail.com

15.2 In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to NATCOF

16. Other Important Terms

16.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you if this happens.

16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.6 The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms or of any paragraph of these Terms will be governed by the law of the Seychelles.