Terms & Conditions of Sale

LAST UPDATED: Feb 17th, 2022

These Terms and Conditions of Sale shall apply when buying online items or goods (“Goods”) from http://www.shopmassystoresslu.com. Please read this agreement carefully. These Terms and Conditions of Sale shall be read in conjunction with the “Terms of Use” and “Privacy Policy”. If you do not agree to these, then you may not use the Site.

You are therefore permitted to use the Sites solely on the basis of the terms and conditions of the foregoing documents. We reserve the right, at our discretion, to update and/or revise any of these documents. Please check periodically for changes.

If you have any questions relating to the aforementioned document(s) please contact Ashish Uttamchandani at  246-434-0482 or [email protected].

Registration

You must (i) be 18 years or over and (ii) complete the registration procedure to purchase Goods online.

By registering for this service, you agree that the information provided by you on registration, or at any time, is accurate and complete.

Your email address and other information is necessary in order for us to be able to supply you with order confirmations, promotional material, and changes to the service. By registering you accept that your email address may be used to supply you with such information.

Your Personal Details

You will need to enter certain details during the “checkout” process.

You will be asked to enter information such as your name, address and telephone number. You are responsible for ensuring that all of the information you provide to us is true and accurate.

Where applicable, to ensure that your credit card is not being used online without your consent and to verify that you are over 18 years of age we carry out certain identity, credit and fraud checks, including validating the name, address and other personal information which you provide to us during our registration and “checkout” process. We will use certain third-party databases to do so. We reserve the right to change our checks from time to time. We reserve the sole right to reject or cancel an order at our discretion at any time if we consider that our checks have not been satisfied in full.

We have set out full details in our Privacy Policy informing you of what personal details we collect from you and how we look after and use them.

You are responsible for keeping confidential your username, password and any other information relevant to your access to our Sites.

Availability of Site

Although Massy Stores (SLU) Ltd. aims to offer you the best service possible, Massy Stores (SLU) Ltd. makes no promise that the services at the Site will meet your requirements. Massy Stores (SLU) Ltd. cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Service.

Placing Orders

You place an order on the Sites by adding Goods to your cart, providing all required information and submitting your order by checking out. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us. When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted or processed and that any product’s price or availability is confirmed.

We may contact you to say that we do not accept your order. The reason for the non-acceptance of your order may include, but are not limited to, the Goods being unavailable; our inability to authorise your payment; your inability to buy the Goods from us; our inability to sell the Goods to you; there being a mistake on the pricing or description of the Goods; illegal or suspicious activity, vague delivery address, natural disasters, potential threats to us and our servants and/ or agents. If an order has not been accepted where payment has already been made, we will refund you the full cost of the transaction.

We reserve the right at any time after the receipt of your order, to supply less than the quantity you ordered, based on the quantity of the Goods that are available at the time of placing the order. Such reduction in quantity shall be communicated to you. If payment has already been made, we will refund you the full cost of the Goods not supplied to you.

We will only accept your order when we email you to confirm this, at which point a legally binding contract on the basis of these Terms and Conditions of Sale will be in place between you and us.

After an order has been accepted by us, you may not without our written consent and payment to us of all charges, expenses, commissions and costs owed to or incurred by us, make changes to the quantities or specifications of items or cancel any whole or part of any order.

Whenever you place an order we’ll do our very best to provide all the items that you’ve ordered.  Sometimes, one or more of your items may not be available when we pick your order, because the item has gone out of stock, for example. If you’ve chosen to allow substitutions, we will offer you a suitable alternative. We choose substitutes very carefully and offer what we believe is the most appropriate alternative to the product you’ve ordered.

If we offer substitutes we’ll make this very clear by calling you or sending you an email detailing substitutions once your order has been confirmed.

If you are not happy with our substitutions please contact Massy Stores (SLU) Ltd.. at the phone number at the start of this document within 24 hours of your order confirmation.

You can cancel any of your current orders up to two (2) hours after placing an order at check-out. You can do this by going to ‘My account’ and selecting ‘Cancel my order’.  You will be allowed to cancel your order after two (2) hours has elapsed from placing an order at check-out but your credit card will be charged a cancellation fee of Twenty Eastern Caribbean Dollars ($20.00). If you cancel your order, the pre-authorisation reserve will be removed from your account within a few working days

Price and Payment

The price of the Goods is estimated and is stated on the checkout page and is inclusive of all applicable taxes, which shall be shown separately on the checkout page. Payment of the price and all applicable taxes and fees thereon, shall be made by you on checkout.

At this time,  you may pay by debit card or credit card via our online facility. We do not accept cash.

You will not be allowed to use any pointson your “Massy Loyalty Card” to make online purchases. However, you will be entitled to the requisite “points” on your “Massy Loyalty Card” in respect of your online purchase.

The price of the Goods is representative of the cost to you of the Goods inclusive of taxes and fees thereon, including any delivery fee, if applicable. Please note that the price does not include any fee for installation or service of the Goods and we are not responsible for any such installation or service of the Goods.

Product Information

The product information contained on the Sites has been published in good faith and we will do our best to ensure that it is accurate. However, occasionally, it may be incorrect, incomplete or out of date due to human error or circumstances beyond our control. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. Where information is incorrect due to an error or circumstances beyond our control, we reserve the right not to accept your order for the affected Goods, or if your order has already been accepted, not to supply the affected Goods to you. We will notify you if this is the case and will not charge you for the Goods.

Colours and appearances of Goods on computer, tablet or mobile device screens may vary slightly and may not accurately reflect actual products delivered. Product specifications may change from time to time which means that, if the specification has changed in the meantime, the information displayed on the Sites when you place an order may not reflect the Goods you receive.

Minimum Basket Order

Each order shall carry a minimum transaction value of Two Hundred Eastern Caribbean Dollars ($200.00).

Payment Via Credit Card

We accept the following payment methods when paying online: Visa & Mastercard. By using a credit card at check-out, you guarantee that you have the authority to transact such business as the credit card holder and shall indemnify and hold Massy Stores (SLU) Ltd. harmless in respect to any claims and/or actions in respect to fraud, misuse or otherwise insofar as it relates to the use of the credit card on this website.

Upon check-out, the estimated total value of your cart is authorized on your credit card. The value of the items in your cart at check-out represent only an estimate of your final bill since, for example, some items may be out of stock, wrongly priced on the website, or there may be instances where you have agreed to the substitution of items which are not available at the time of picking.

As mentioned previously, if we offer substitutes on a particular item which is not available at the time of picking, we’ll make this very clear by calling you or sending you an email detailing substitution once your order has been confirmed. If you are not happy with our substitutions, please contact Massy Stores (SLU) Ltd. at the phone number at the start of this document within 24 hours of your order confirmation.

Within twenty-four (24) hours prior to the date of delivery/curbside, we will proceed to do one of the following, as applicable:

• Where your final order is equal to the estimated cart authorization value, charge your credit card this amount;
• Where your final order is more than the estimated cart authorization value, charge your credit card the full amount of the estimated cart authorization value, and send a payment link to your e-mail address for electronic payment of the remaining value of the purchase;
• Where your final order is less than the estimated cart authorization value, charge your credit card the value of the purchase and release the hold on the remainder of the balance;

Please ensure that the expiry date of your payment card is after the anticipated dispatch date of your order. Payment is taken around twenty-four (24) hours prior to dispatch for goods and   in the event that the payment card has expired we will be unable to take payment and fulfil your order.

Variance in Pricing After Check-Out

The price of any product on this website at check-out is an estimate and subject to final  confirmation from our end. In this regard, where there is a price variance in the final price of any product or products against the estimated price at check-out, you authorize us to charge your payment card up to Twenty-Five Eastern Caribbean Dollars ($25.00) in excess of the estimated total checkout price without prior permission from you. For the avoidance of doubt, where the final total checkout price exceeds the estimated checkout price by more than Twenty-Five Eastern Caribbean Dollars ($25.00) we shall contact you before confirming the order.

Cancellation Fees

You can cancel any of your current orders up to two (2) hours after placing an order at check-out. You can do this by going to ‘My account’ and selecting ‘Cancel my order’.  You will be allowed to cancel your order after two (2) hours has elapsed from placing an order at check-out but your credit card will be charged a cancellation fee of Twenty Eastern Caribbean Dollars ($20.00).If you cancel your order, the pre-authorisation reserve will be removed from your account within a few working days.

Timeframe for delivery

At the moment, we cannot delivery outside of St. Lucia.

We will endeavour to complete delivery of the Goods to the delivery location specified by you within the timeframe indicated by us in writing upon the acceptance of your order. We cannot guarantee immediate or next day delivery. Our typical delivery time is between 24 – 48 hours after confirmation of an order. We deliver products to most locations in St. Lucia via our partner Quick Delivery or through our shuttle service. Any time or date for delivery specified by us is only an estimate and we assume no responsibility for and shall not be liable for any loss or damage or other consequence of any delay or inability to deliver, whether or not such loss or damage was made known to us. An e-mail will be sent to you when your order is out for delivery.

In no case shall we be liable for any special, consequential, incidental, indirect, or liquidated damages, losses or expense (whether or not based on negligence) arising directly or indirectly from delays or failure to give notice of delay or inability to deliver.

Delivery of Goods

The delivery time frames specified by us may be delayed if incorrect information is given or due to any force majeure or security risk such as but not limited to poor infrastructure, flooding, hurricanes, delivery through crime “hot-spots” or delivery to unsafe areas deemed by us or the carrier. In such cases this will either delay your order delivery time or may result in your order being cancelled us. In either case, we will refund any payment which you have already made for the Goods. You agree that we will not be responsible or held liable for such delays in delivery or cancellation.

It is your responsibility to ensure that someone is available at your delivery address to collect the Goods. We require someone to sign for your order on delivery.

We may request that the person taking delivery of your order provides us with identification to help us confirm they have your authorisation to accept delivery of your order. This may include asking to see an item of your photographic identification (such as a passport or driving licence) and/or the bank card which was used to make payment.

If nobody is at home when we attempt delivery, or the person at home is unable to satisfy our identification requirements, we will try to contact you by telephone.

For reasons of security and food safety, we will not leave your order unattended at your address. We will not be responsible for any losses you may incur as a result, for example, contamination as the result of any change in temperature in respect of items which need to be kept chilled or frozen.

If your order is returned because we failed to deliver it to your delivery address as a result of the foregoing, we will redeliver your order to you at additional cost $20.00.

If you provide us with an incorrect delivery address or we cannot reach you to perform the delivery, we cannot be responsible for any losses you may incur as a result of such inaccuracy. Deliveries that were dispatched and paid for but were not completed based on the foregoing will be refunded the total excluding the delivery charge.

We currently deliver to the north of the island as follows: Zone A EC$30: Cap Estate, Monchy Proper and to Choc. Zone B EC$35: Choc, Corinth, Grande Rivere to Union to Bexon. Zone C EC$45: Other – Babonneau, Dauphin.

Inspection and acceptance

Upon delivery you shall inspect the Goods for defects and non-conformance. Any claim that the Goods are not in accordance with the specifications shall be reported to us immediately. Failure to notify us of any defects in the Goods within one (1) business day after delivery will constitute conclusive proof that the Goods delivered were received without defect or damage which would be apparent upon a reasonable examination of the Goods and irrevocably accepted by you. After such acceptance, you shall have no right to reject the Goods for any reason or revoke acceptance, save for any such right you may have under the “Returns” section below or at law.

Title and Risk

Risk of loss or damage to the Goods shall pass to you upon tender of the Goods to you at delivery. Notwithstanding collection or delivery and the passing of risk in the Goods, property in the Goods shall not pass to you until we have received payment in full of the price of the Goods in cash or cleared funds.

Returns

If whilst inspecting the goods at the time of delivery, you identify any Goods which are beyond their expiry date, damaged or defective, you may return those Goods to the driver and the relevant card used to make the purchase shall be refunded accordingly.

Notwithstanding any other clause herein, we reserve the right to reject the return of certain Goods on health and hygiene grounds, especially where it is evident that these Goods were opened or their seals broken or tampered with or where any Goods were damaged, destroyed, or defaced by you or a third party.

Any refund due will be credited to the card used to make the payment within 3-5 working days. Thereafter, the refunds usually take up to 3-5 working days to reach your account. Any delivery charge will be refunded only where the entire order may be returned.

Where applicable, you may rely on the manufacturer’s warranties with respect to certain Goods, to the extent that it is legally possible for us to pass such warranties to you. We warrant to you that the Goods sold by us will correspond where applicable with the manufacturer’s specifications in the manufacturer’s warranty book provided with the Goods and will be free from defects in material and/ or workmanship as and from the date of delivery and for such period stated in the said warranty book, the Sites or communicated in writing by us (“the warranty period”), provided always the warranty will not extend to cover defects arising from the failure by you to operate the Good under normal and proper conditions and the manufacturer’s recommendations.

Goods which are accepted by us as defective in material or workmanship, if returned to us within the warranty period stated in the warranty period, shall in our sole discretion be either repaired by us or replaced by us. Your sole remedy shall be to return the Goods to us or our authorised dealer for repair or replacement.

Returns where an incorrect item is delivered

You must adequately inspect the Goods upon delivery. However, if you receive an item that is not what you ordered, we must be notified within one (1) business day of the delivery. We will not be responsible for any claims made after one (1) business day of the delivery.

Pictures may be required to authenticate your claim that the incorrect item was delivered. If we accept that an incorrect item was delivered, we will request that you bring the incorrect item in to us immediately. Upon receipt of the incorrect item we will inspect the item is in new, uninstalled and in resalable condition with the original factory packaging and if so, we will at your option replace the item with the correct item (provided that we have such item in stock) or refund you the cost of the item.

If you elect to be refunded, we have the right to refund money the same way it has been received.

User Transactions

If you wish to purchase any product or service made available through the Sites (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Sites does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable laws in regard to the receipt, possession, use, and sale of any item purchased from this Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

We or our agents may call or text to communicate with you regarding your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Rules for Promotions

Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms & Conditions of Sale.

Links to Third-Parties’ Websites

The Sites may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. We are not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Sites to communicate with any such website or otherwise visiting any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Sites do not constitute an endorsement by us of such third-party sites. Other sites may link to the Sites with or without our authorization, and we may block any links to or from the Sites. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Disclaimers of Warranties

We cannot and do not represent or warrant that the Sites or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITES AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES (COLLECTIVELY, THE “SITES CONTENTS”) ARE PROVIDED BY US ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES, THE ACCURACY OR COMPLETENESS OF THE SITES CONTENTS, OR THAT EMAILS SENT FROM US ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITES AND THE SITES CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

On the Sites, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITES, ANY CONTENT ON THE SITES, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

Indemnification & Defense

As a condition of the use of the Sites, you agree to defend, indemnify and hold harmless us and our respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions of Sale.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Saint Lucia without giving effect to any principles of conflicts of laws. The customer consents to the Jurisdiction of the Saint Lucia for purposes of any suit, action or preceding arising out of any sale.

Dispute Resolution

Both you and we agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and we agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any claim against the other party.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute then either party may initiate litigation in the Supreme Court of Judicature of Saint Lucia to resolve the dispute.

Severability

If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.