Terms & conditions
UPDATED on 27/03/2024
Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering any Goods or Services from this Website. In order to use our Services, you must be 21 years old or older. If you are under 21 years old, you will need permission from your parents or legal guardians. By accessing the website www.lepicerybali.com you can discover our entire selection of gourmet products and you agree to be bound by these following Terms and Conditions.
Orders can be made:
– email: contact@lepicerybali.com
– Whatsapp: +62 823 2284 1331
Introduction
PT LEPICERY GOURMET INDONESIA is a limited liability company incorporated and existing under the Indonesian Law, having its domicile in Bali Ruko Sunset, Sunset Road 819, Next to Pertamina, Gg. Ratna Indah II No.10, Kec. Kuta, Bali 80361, the owner and operator of lepicerybali.com.
THE PARTIES HEREBY AGREE AS FOLLOWS:
Definitions
- 2.1 “Agreement” refers to this agreement (“Terms and conditions”), the Privacy Policy, any order form, and the payment instructions provided;
- 2.2 “Delivery” refers to any form of delivery service, which are provided by Participating Vendor or third party cooperating with L’épicery Bali;
- 2.3 “Goods” means the consumer products which are on retail sale by the Vendor, including but not limited to groceries and daily needs for consumer use and / or consumption and which are made available through its Premises. Notwithstanding the above, L’épicery Bali shall have sole and absolute discretion not to include any such identified Goods on the Platform;
- 2.4 “Cut-off” means the limit in time to purchase goods in order to be delivered the following day;
- 2.5 “Vendor” is a third party, which is cooperating with L’épicery Bali to supply the Goods for the Services;
- 2.6 “Platform” means www.lepicerybali.com, an internet domain property registered under L’épicery Bali gourmet name or web application providing access to the same;
- 2.7 “Privacy Policy” means the agreement as displayed on this site, governing how we collect and store data;
- 2.8 “Service” or “Services” refers to which we may provide and you may request from our Website;
- 2.9 “We”, “us”, “our”, “L’épicery Bali Gourmet”, “L’épicery Bali”, all reference to the company;
- 2.10 “Website” refers to www.lepicerybali.com or any subdomain thereof on which we offer our Goods and Services;
- 2.11 “You”, “your”, “yours”, “Consumer”, refer to you, the person accessing this Website to order Goods and Services from the Website or any other way to order from L’épicery Bali.
Ordering
- 3.1 By ordering the Goods through L’épicery Bali’s Website means that you order retail products from a Vendor which could be L’épicery Bali; L’épicery Bali is a Platform retailing a certain type of Goods and provides Services for the Consumer to order Goods sold by L’épicery Bali. In the event of a complaint from the Consumer, L’épicery through its customer service will communicate such a complaint to the Vendor and find the best solution for the Consumer.
- 3.2 Any information which you provide to L’épicery Bali solely for the purpose of the Services, L’épicery Bali warrants that the information will not be transferred, given, or informed to other third parties, other than what has been specifically set out here in or in Privacy Policy.
- 3.3 When ordering from this Website you may be required to provide an email address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
- 3.4 The Goods delivered are for your use and not for resale. You warrant that you are not acting as an agent for a third party. You warrant that you are legally capable of ordering any Goods provided through the Website. You agree to give valid identity prior to making an order. Further you agree to present valid identification, if requested during delivery, to prove your identity.
- 3.5 Any purchase of certain Goods such as alcoholic drinks must fulfill the minimum age required by Indonesian Law (21 years old for th no e purchase of alcoholic drinks). Delivery service may require you to present valid identification every time you purchase such Goods and when they are delivered to you. They are entitled to withdraw the Goods if you could not provide valid identification and/or you do not fulfill minimum age requirement. In such conditions, we will return any payment you have made in accordance with Article 6 of this Terms and Conditions.
- 3.6 The selling of alcoholic drinks is conducted by vendors which own the license to sell alcoholic drinks based on prevailing laws and regulations in Indonesia.
- 3.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, however in the absence of fault on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website unless it is proven otherwise.
Prices and Payment
- 4.1 You agree to provide us with the correct required information and warrant that the provided information is correct and complete during time of order. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment. L’épicery Bali partners with Xendit (PT Sinar Digital Terdepan). to ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the Internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
- 4.2 Available payment methods for L’épicery Bali : Cash on oders and Manual Bank Transfer.
- 4.3 All prices listed for Goods, Delivery or Services on the Website can change at any time without prior notice.
- 4.4 All registered prices are subject to tax unless L’épicery Bali states otherwise.
Delivery Policy
- 5.1 Delivery periods quoted at the time of ordering are approximate only and may vary.
- 5.2 There will be a limited amount of deliveries in each delivery period, meaning that we cannot guarantee that you receive the delivery period you desire. Such inaccessibility of delivery periods will be indicated by the Website and you may choose other accessible delivery periods.
- 5.3 Goods will be delivered to the address designated by you at the time of ordering.
- 5.4 All risk in the Goods shall pass to you upon delivery.
- 5.5 If you fail to accept delivery of the Goods delivered to you, during the time of delivery, or if we are unable to deliver at the nominated time due to your failure to provide sufficient and appropriate instructions, then such goods shall be deemed delivered to you and all risk and responsibility in relation to such Goods shall pass to you. Any storage, insurance and any other cost or expense that we incur as a result of the inability to deliver due to your failure shall be your responsibility and you shall provide any necessary compensation from L’épicery Bali. However, such conditions will not apply when you already contact L’épicery Bali through email, phone.
- 5.6 You must ensure that at the time of Delivery of Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
- 5.7 L’épicery Bali shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery unless it is proven that the late delivery was caused by the fault of L’épicery Bali.
- 5.8 Please note that it may be impossible to deliver to some locations. In this case, we will give prior notification to you and cancel your order.
Rejection & Cancellation
- 6.1 You understand that during your order, the Goods may not be available due to any reason.In such a case, L’épicery Bali will notify this unavailability to you through our customer service (via e-mail, sms or call) and return any payment that you have made within 5 working days after transaction depending on your method of payment.
- 6.2 Once the order is placed and the payment is conducted, for technical reasons, you cannot cancel an order
Refund policy
- 7.1 We will review your claim and return the cost of the item to you within 5 working days after transaction depending on your method of payment.
Information
- 8.1 Where we have requested information from you to ensure Delivery, you agree to provide accurate and complete information.
- 8.2 You agree to authorize us to use, store or otherwise process your personal information in order to provide the Delivery, Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you. More information can be found in our Privacy Policy.
- 8.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
Complaints
Limitation of Liability
- 9.1 We try to ensure that the information on the Website is correct and error free at all times. Despite our best efforts, we cannot warrant that the Website will always be error free and that use of it will be fit for purpose, timely and that defects will be corrected, and that that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- 9.2 By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your consumption of any Goods .
- 9.3 We disclaim any and all liability to you for the supply of the Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, however arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
- 9.4 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to customer’s computer system via our Website.
- 9.5 We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
- 9.6 If we have contracted to provide identical or similar orders to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent. However, we will give prior notification to whom the order will not be fulfilled and you have the right for the refund policy as stated in Section 7.
- 9.7 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
- 9.8 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
- 9.9 In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, L’épicery Bali may cause the customer to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation from any and all violators.
- 9.10 Offers are subject to our discretion and may be withdrawn at any time and with prior notice to the prospective Consumer.
General
- 10.1 All prices are in Indonesian Rupiah (IDR); Applicable taxes are included where indicated.
- 10.2 We may subcontract any part or parts of the Services or Goods that we provide to you from time to time.
- 10.3 We will publish any material or substantive amendment of the Terms and Conditions in the Website, and you shall carefully read such amendment. If you continue to use and access the Website after any posted amended version of the Terms and Conditions will be considered as your acceptance of the amended Terms and Conditions.
- 10.4 Any objections toward the amended Terms and Conditions shall be delivered to L’épicery Bali within 7 (seven) days after such amendment is published in the Website.
- 10.5 You are not allowed to use or launch any automated system or program in connection with our Website or its online ordering functionality.
- 10.6 You may not collect or harvest any personally identifiable information from the Website, use communication systems provided by the Website
purposes, solicit for any reason whatsoever any users of the Website with respect to their submissions to the Website , or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the Website. - 10.7 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other terms or provision on the Website except for privacy matters, these Terms and Conditions shall prevail.
- 10.8 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- 10.9 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Indonesia. The parties hereto submit to the exclusive jurisdiction of the District Court of Denpasar.
- 10.10 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- 10.11 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Indonesian Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the District Court of Denpasar. All dealings, correspondence and contacts between us shall be made or conducted in the Indonesian language.