Terms of Use

Acceptance of Terms

1. Agreement to Terms

Welcome to Happy Grocers. These terms and conditions ("Terms") govern your access to and use of our website, mobile application, and any related services (collectively referred to as the "Services"). By accessing, registering for, downloading, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other guidelines, policies, or disclaimers that may be posted or updated on our Services or communicated to you.

2. Eligibility

To access or use our Services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is older. If you are under the age of majority, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

3. Amendments and Updates

We may revise or update these Terms from time to time to reflect changes in our Services, to comply with the law, or for other reasons deemed necessary by us. When we make material changes to these Terms, we will notify you through our Services or by other means such as email. By continuing to use our Services after such changes are communicated, you signify your acceptance of the updated or modified Terms. It is your responsibility to periodically review these Terms to stay informed of updates.

4. Mobile Application Stores

Our mobile application is available on various platforms, including but not limited to the Apple App Store and Google Play Store. Your use of the mobile application is subject to the terms and conditions set forth by these platforms. If there is a conflict between these Terms and the terms and conditions set by the platform from which you downloaded our application, the platform's terms and conditions will govern to the extent of the conflict.

5. Privacy

Our Privacy Policy, which can be found on our website and within our mobile application, explains how we collect, use, and safeguard your personal information when you use our Services. By agreeing to these Terms, you also agree to the terms of our Privacy Policy.

Registration and Account

1. Account Creation

To access certain features and functionalities of our Services, you may need to register for an account with Happy Grocers. When registering, you must provide accurate, current, and complete information as prompted by the registration form and update such information to keep it accurate and current.

2. Account Security

You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. It is crucial that you do not share your password with anyone. If you believe your account has been compromised or misused, please contact us immediately.

3. Responsibilities and Conduct

By creating an account, you agree that:

  • You will not create an account using a false identity or information, or on behalf of someone other than yourself.
  • You will not create more than one account for yourself.
  • You will use the Services in a manner consistent with any and all applicable laws and regulations.
  • Your use of the Services does not violate any rights of Happy Grocers or any third party.

4. Account Termination

Happy Grocers reserves the right to suspend, deactivate, or terminate your account at its sole discretion, without notice, for conduct that Happy Grocers believes violates these Terms or is harmful to other users of the Services, Happy Grocers, or third parties, or for any other reason.

5. Data upon Account Termination

Upon account termination, whether voluntary or involuntary, your rights to use our Services will cease immediately, and Happy Grocers may remove or delete all information related to your account, including any content you have uploaded or shared.

Product Descriptions and Pricing

1. Accuracy of Information

At Happy Grocers, we strive to provide accurate product descriptions, images, and pricing information for all the items listed on our Services. While we endeavor to ensure accuracy, we cannot guarantee that all information is completely error-free.

2. Errors in Listings

In the event of a discrepancy or error related to the price or description of a product, Happy Grocers reserves the right to correct such errors without prior notice. Such errors can be corrected even after an order has been confirmed, and regardless of whether the order has been paid for or dispatched.

3. Notification of Errors

If we discover an error in the pricing or description of a product you've ordered, we will notify you as soon as possible. You will have the option to either reconfirm your order at the corrected price/description or cancel it. If we are unable to contact you, we will treat the order as canceled.

4. Changes to Products and Pricing

Prices and availability of products on our Services are subject to change without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our Services is void where prohibited.

5. Tax and Additional Charges

Unless stated otherwise, prices listed do not include any applicable taxes, levies, duties, or additional shipping or handling charges. These additional charges will be communicated prior to order confirmation and will be borne by the customer.

6. Currency

All transactions on our Services are processed in Thai Baht (฿), and any currency conversion information provided on the Services is for convenience only. The actual conversion rate will depend on your payment provider.

Orders and Payment

1. Placing an Order

When placing an order through our Services, you will receive an acknowledgment email confirming receipt of your order. This email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card or other payment methods.

2. Availability of Products

All orders made on our Services are subject to product availability. While we constantly update our inventory and strive to ensure stock availability, there may be instances where items run out of stock after an order has been placed. If we are unable to fulfill your order due to unavailability, we will notify you as soon as possible and offer alternatives or a full refund.

3. Order Limitations and Rights

Happy Grocers reserves the right to refuse any order for any reason. Additionally, we may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make changes to or cancel an order, we will attempt to notify you through the contact information provided at the time the order was made.

4. Payment Methods

Payments for orders can be made through various methods, which may change from time to time, at our sole discretion. We will provide a list of acceptable payment methods on our checkout page. By submitting an order, you authorize Happy Grocers or its third-party payment processors to charge the provided payment method for the total amount of your order (including any applicable taxes and other charges).

5. Order Confirmation and Billing

Once your payment has been received and verified, we will send a confirmation email detailing your order. Should there be any issues with your payment, we will contact you to provide alternative payment options.

6. Security

We implement a variety of security measures to maintain the safety of your personal and payment information. Nonetheless, transmissions over the internet are not always secure, so while we strive to protect your data, we cannot guarantee absolute security. Always use secure and updated browsers when making a transaction.

Delivery Policy

1. Delivery Area

  • Coverage: Happy Grocers is pleased to serve all regions within Thailand, ensuring our products are accessible to everyone, no matter where they reside.
  • Restrictions: Some remote or inaccessible areas might have restricted delivery services. In such cases, our customer service team will reach out to discuss alternative arrangements or solutions.

2. Delivery Times

  • Standard Times: Our dedicated team ensures deliveries are made daily between 09:00 am and 7:00 pm.
  • Delivery Window: Customers have the flexibility to choose their preferred delivery time during the checkout process.
  • Extended Delivery: For customers residing outside of Bangkok, there is a standard delivery time frame of 2-3 days.
  • Quality Assurance: We understand the importance of product quality. All our deliveries, especially those spanning multiple days, utilize temperature-controlled storage to ensure that products retain their freshness upon arrival.

3. Delivery Fees

  • Standard Fee Waiver for Bangkok:
    • For deliveries to specified districts: Complimentary delivery is provided for orders meeting minimum order values.
  • Standard Fee: Orders valued below ฿600 are subjected to a delivery charge, determined by the distance from our central warehouse in Ekkamai, Bangkok. See full details in How to Use. 
  • Out-of-City Charges: Deliveries destined for locations outside of Bangkok incur a fee of ฿250 or more. See full details in How to Use.

4. Next-Day and Scheduled Delivery

  • Expedited Service: We offer a next-day service for orders placed before 8:00 p.m.
  • Future Planning: Our platform also allows customers to schedule deliveries up to 14 days in advance.

5. Special Requests

  • Customized Deliveries: If you have specific needs or preferences, kindly leave a detailed note during checkout.
  • Accommodating Needs: While we strive to meet every customer's unique needs, some requests might be subject to availability or feasibility.

6. Delivery Guarantee and Procedures

  • Commitment to Satisfaction: We are committed to ensuring each order reaches its destination on time and in impeccable condition.
  • Resolving Discrepancies: If any part of your delivery does not meet your expectations, please get in touch immediately.
  • Communication: Our delivery personnel will contact you to confirm details before arriving at your location.
  • Tracking: Customers can track their orders using the Foodpanda or Grab platforms, receiving timely SMS updates about their order's status.
  • Receiving Orders: To maintain the integrity of our products, especially perishable items, we request that customers or their representatives are present during the chosen delivery slot. In instances of unavailability, we might need to reschedule or opt for a contactless drop-off.
  • Eco-Friendly Approach: Our packaging solutions and recycle program are designed to minimize environmental impact.

Termination and Suspension

1. Rights of Termination

Happy Grocers reserves the right to suspend or terminate user accounts and/or access to our Services at any time, at our sole discretion.

2. Causes for Termination

Account suspension or termination can result from:

  • Violations of these Terms or any other policies.
  • Harmful, disruptive, or inappropriate conduct.
  • Fraudulent, deceptive, or illegal activities.
  • Non-payment or other transactional disputes.

3. No Prior Notice

Immediate suspension or termination may occur without prior notice for the overall safety and integrity of our Services.

4. Reinstatement

Users whose accounts have been suspended or terminated may contact our customer service team to discuss potential reinstatement, but the decision to reinstate is at the sole discretion of Happy Grocers.

5. Liability

Happy Grocers shall not be liable for any damages, losses, or consequences resulting from the suspension or termination of an account or access to our Services.

6. Preservation of Rights

The suspension or termination of an account does not waive or affect any other rights or remedies that Happy Grocers may have under these terms, at law, or in equity.

Limitation of Liability

1. General Limitation

To the fullest extent permitted by applicable law, neither Happy Grocers nor any of its affiliates, directors, officers, employees, agents, service providers, or licensors will be liable for any direct, indirect, special, incidental, punitive, or consequential damages, including but not limited to loss of profits, revenue, goodwill, data, or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Services or any content provided therein.

2. Specific Exemptions

Happy Grocers is not responsible for any damages resulting from:

  • Unauthorized access to or use of our servers and/or any personal data or financial information stored therein.
  • Errors, mistakes, or inaccuracies of content.
  • Personal injury or property damage resulting from your access to and use of our Services.
  • Interruption or cessation of transmission to or from our Services.
  • Any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Services by any third party.
  • Loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

3. Reliance on Information

The information presented on or through our Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

4. Cap on Liability

If Happy Grocers is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, Happy Grocers' liability shall in no event exceed the greater of (1) the total of any subscription or similar fees paid in the six months prior to the date of the initial claim, or (2) ฿1000.

Intellectual Property Rights

1. Ownership

All content on our website, mobile application, and any associated services, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Happy Grocers, its licensors, or other providers and is protected by international intellectual property laws.

2. Trademarks

The Happy Grocers name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Happy Grocers or its affiliates or licensors. You must not use such marks without the prior written permission of Happy Grocers.

3. Prohibited Uses

You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or exploit any of the content in whole or in part except as expressly authorized by us or the respective copyright holder.

4. Reports of Infringement

If you believe any content appearing on our Services infringes on your intellectual property rights, please contact us immediately with a detailed description of the alleged infringement.

Dispute Resolution

1. Arbitration Agreement

Any disputes, claims, or controversies arising out of or relating to these terms, the Services, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration.

2. Waiver of Class Actions

You and Happy Grocers agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

3. Arbitration Rules and Procedures

The arbitration shall be administered by the Thailand Arbitration Center (THAC) under its rules and procedures in effect at the time the arbitration is started.

4. Arbitration Location

The arbitration shall take place in Bangkok, Thailand, or another mutually agreeable location.

5. Costs

Payment of all filing, administration, and arbitrator fees will be governed by the Thailand Arbitration Center's (THAC) rules.

6. Small Claims Court

Either party may seek individualized relief in a small claims court for disputes or claims within the scope and jurisdiction of that court.

7. Enforceability

If the class action waiver is found to be unenforceable, the entirety of this arbitration agreement will be null and void in that case.

8. Opt-out

You may opt out of this arbitration agreement by contacting us in writing within 30 days of initially accessing the Services, stating your name, address, and a clear statement that you want to opt out of this arbitration agreement.

Governing Law

1. Applicable Law

These terms, and any disputes arising from or relating to the terms or the Services, shall be governed by, construed, and enforced in accordance with the laws of Thailand.

2. Jurisdiction

The courts located within Thailand shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or connected with these terms or the use of the Services.

3. Exclusion

The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Governing Law section.

4. Compliance

Users accessing our Services from locations outside of Thailand do so on their own initiative and are responsible for compliance with local laws if, and to the extent, local laws are applicable. We make no representations that our Services or any content on our platform are appropriate or available for use in locations outside Thailand.

Privacy

1. Commitment to Privacy

Your privacy is extremely important to us. At Happy Grocers, we are dedicated to safeguarding and preserving the privacy and security of your personal data.

2. Privacy Policy

Our practices concerning the collection, use, storage, and disclosure of personal information are detailed in our Privacy Policy, which is incorporated herein by reference. By agreeing to these terms and using our Services, you also agree to read, understand, and accept the terms of our Privacy Policy.

3. Changes

Any changes to our Privacy Policy in the future will be posted on our website and, where appropriate, notified to you by email.

4. Contact

Should you have any questions or concerns regarding our privacy practices, please consult our Privacy Policy or reach out to the contact details provided therein.

Miscellaneous

1. Severability

Should any provision of these terms be found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these terms shall continue in full force and effect.

2. No Waiver

No delay or failure on our part to enforce any part of these terms shall constitute a waiver of any of our rights under these terms. Only a specific, written waiver signed by an authorized representative of Happy Grocers shall have any legal effect.

3. Entire Agreement

These terms, together with any other legal notices and agreements published by Happy Grocers via the Services, shall constitute the entire agreement between you and Happy Grocers concerning the Services.

4. Assignment

You may not assign your rights or obligations under these terms without the express written consent of Happy Grocers. We reserve the right to assign any of our rights or obligations under these terms to a third party at our discretion.

5. Headings

The headings and section titles in these terms are for convenience only and have no legal or contractual effect.

6. Force Majeure

Neither party shall be liable to the other for any delay or failure in performance under the terms due to causes beyond its reasonable control, including but not limited to acts of nature, war, strikes, or labor disputes, embargoes, government orders, or any other force majeure event.

Feedback and Complaints

1. Feedback

By submitting feedback, you grant Happy Grocers an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any ideas, concepts, or techniques contained in your feedback for any purpose whatsoever, without any credit, notification, or compensation to you.

2. Complaints

If you encounter any issues or have concerns regarding our Services, please reach out to us promptly. We are committed to addressing and resolving your concerns to the best of our ability. Provide as much detail as possible regarding your complaint.

3. Procedure

For all feedback and complaints, please contact us via email at hello@happygrocers.co. We aim to respond to and resolve any issues in a timely and efficient manner.

Contact

1. General Inquiries

For general questions or inquiries related to our Services, you may reach out to us using this email: hello@happygrocers.co.

2. Specific Concerns

If your concern pertains to specific aspects of these terms, your account, or any transactions, please detail your concerns in your communication for expedited assistance.

3. Response Time

We aim to respond to all inquiries and concerns within a reasonable timeframe. During peak periods or due to unforeseen circumstances, our response time may be extended. We appreciate your patience and understanding.

4. Preferred Method of Contact

For the quickest resolution, we recommend reaching out via email: hello@happygrocers.co. If you prefer written communication or need to send physical documents, our physical address is:

  • Happy Ground Co., Ltd
  • 360 Chaiyapruk 2, Sukhumvit 65, Bangkok, 10110, Thailand

5. Official Communication

All official communication from Happy Grocers will be sent from our listed email or physical address. If you receive any suspicious or unsolicited messages claiming to be from us, please notify us immediately for verification.

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