Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully before using our services.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
* GENERAL SCOPE
Yoshoppers provides software-based delivery services for goods such as food, beverages and other grocery products (collectively, Groceries) and other products such as home plates, accessories, cloths, chocolate, flowers, and house cleaning service. These terms (Terms and Conditions) apply when you use the Yoshoppers mobile applications or websites (collectively, Services).
By using the Services, you automatically agree to the Terms and Conditions.
Yoshoppers is a platform for facilitating the exchange of services between individuals (User) who are willing to order Groceries or products or services via our partners (Shops) that are willing to collect and deliver the orders.
· We will not trade with or provide any services to OFAC and sanctioned countries.
· Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
· User is responsible for maintaining the confidentiality of his account.
1. REGISTRATION and ORDERING PROCESS
1.2. ORDER PLACEMENT / CONTRACTUAL RELATIONSHIP
By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within Service interface. No contractual relationship exists between User and Yoshoppers. Yoshoppers may decide for any reason whatsoever to not accept an order and to refuse to perform it. User may schedule the order for a selected time, date, week or month as per availability of Service.
1.3. VARIETY LIMITATIONS
The range and prices of Groceries, products or services may differ depending on the delivery location.
1.4. VOLUME LIMITATIONS
User might be contacted by Yoshoppers to confirm the order in the following cases:
* If the total items in an order exceed 100 items or if an order contains 15 or more same items
* If the order placed requires more than one delivery personnel to be handled by due to volume limitations.
In all cases, Yoshoppers reserves the right to limit the delivery quantity for particular products or, if needed, not to deliver a particular product at all as per the availability of the Groceries or products.
1.5. AMENDING AND CANCELLING ORDERS
The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is disbursed for delivery post to its submission as per the technical specifications of the Service.
1.6. INCOMPLETE ORDER FULFILLMENT / SUBSTITUTION
The primary objective of Yoshoppers is to deliver all the products ordered in the right quantity and to a high-quality standard. User acknowledges that the Groceries are subject to stock availability and to human errors. Yoshoppers reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It’s in our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If, however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after Yoshoppers becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User push notification of substitute products in the event that selected products are unavailable, the User may reject these substitutes. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Shop.
Yoshoppers reserves the right to forward a user order to another shop then the one initially selected from the user without informing the user in the event that the initial shop fails to fulfil the order. In this case the total value of the goods ordered from the new shop should be the same or lower than the value as per the pricelist of the initial shop. The payment method will remain the same.
2.1. DELIVERY POLICY
Yoshoppers currently operate in the India covering majority of the areas through a wide network of partner supermarkets and shops which you can select from. You may refer to our app or website in order to browse through the locations where the service is available.
Groceries and other orders will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service, or by a delivery partner, or by Yoshoppers delivery team, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.
Delivery Fees, service Fees will be mentioned on the checkout page depending on the location and shops policy. Taxes may be implemented depend on shops and based on Indian laws. All the payments details will be shown in checkout page and in the bills.
2.2. DELIVERY TIMES AND ADHERENCE TO DELIVERY PERIODS
Yoshoppers endeavours to deliver Groceries and orders within average frame time which will be decided based on customer location or as scheduled. Yoshoppers does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of Yoshoppers’s control that may result in early or delayed deliveries. You agree that Yoshoppers shall not be liable for any deliveries made outside the expected delivery time frame.
2.3. DELIVERY RECEIPT
The shop holds the responsibility to provide the user with the receipt upon delivery.
2.4. CANCELLATION OF A DELIVERY BY YOSHOPPERS
If, for reasons beyond Yoshoppers’s control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, Yoshoppers is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind, however; in case of online payment, the refund will be initiated by Yoshoppers at the soonest possible post the cancellation of the order, it is the responsibility of the bank to transfer the amount to the users account, based on bank policy.
2.5. product returns
In relation to any product returns, the terms of product return belonging to the shops are applied. Yoshoppers does not undertake any responsibilities for the disputes, which may arise from terms of product return belonging to the shops.
2.6. RETURN POLICY
We accept returns of the products ( except for food) within 7 days of receipt, only if their delivery packaging has not been opened or the products are damaged or wrong product. Please notify us and return the box in its original packaging. In such instances, we will endeavour to send you another or refund the payment. We can only accept returns of products that have not been tampered with, are sealed and remain in the original packaging. If all these conditions are met, please ship your products back to us using a registered courier service and we will issue a full refund. Please note that we reserve the right to refuse any returned shipments if the product has been used or tampered with. Shipping & Handling fees are non-refundable.
2.7. Refund Policy
Yoshoppers takes customer satisfaction very seriously. In the case of problems with your order, please contact Yoshoppers through email@example.com and we will assist you and do our best to ensure your satisfaction.
Refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45 days for the refund transfer to be completed.
3. PRICES AND PAYMENT
Yoshoppers endeavors to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and you agree not to hold Yoshoppers liable in such instances.
All prices are quoted in the country’s local currency where Yoshoppers is operating. Where goods may be charged by weight (fruit, meat, cheese, etc.), the basic price per unit applies. The quantity of such goods actually delivered, and therefore the price charged, may differ from the quantity originally ordered. For pre-packed and price-labelled fresh products, the applicable price is the one in force when the order is prepared. Yoshoppers reserve the right to change prices as to update them at any moment.
3.2. PAYMENT METHODS / CREDITWORTHINESS
You can choose from the following ways of paying on delivery, depending on the products, the means of dispatch and as per technical availability:
* Cash on delivery
* Online payment
* We accept payments online using Visa, MasterCard and AMEX (valid for Indiaonly) credit/debit card in INR.
* Any dispute or claim arising out of or in connection with this website or application shall be governed and construed in accordance with the laws of India.
* India is our country of domicile.
* If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
* The cardholder must retain a copy of transaction records and Yoshoppers policies and rules.
The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized. If for any reason the online payment transaction is declined, Yoshoppers is entitled to offer the User cash on delivery payment option on delivery where available.
4. PRODUCT DECLARATION
We take care to update the product information in the Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.
5. GUARANTEE of DATA COMMUNICATION
Given the current state of the technology, no guarantee can be given that data communication via the internet will be error-free and/or available at all times. Yoshoppers therefore accepts no liability in respect of the constant, uninterrupted availability of the online shop, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders.
6. DISCOUNTS, PRIVILEGES & VOUCHERS
The User accepts that offers available from Yoshoppers often differ from those available from Shop sales channels.
7. CUSTOMER SERVICE & COMPLAINTS
Yoshoppers Customer Service provides information regarding any questions, issues or complaints related to the Yoshoppers service. Users may contact Yoshoppers via e-mail (firstname.lastname@example.org) , drop a message through the app or call the shop customer service directly. Missing items must be reported immediately on reception of the Groceries, otherwise Groceries are considered to have been accepted by User as being in perfect condition. Latent defects must be reported to Yoshoppers customer Service immediately after they come to light, although in these cases there are limitations of error acknowledgement.
8. GENERAL TERMS
8.1. DATA PROTECTION
Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. Yoshoppers makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed. Yoshoppers may share the address, phone number, and other required info with shops and partner supermarkets for fulfilment of orders or to have CRM systems aligned.
You agree that neither Yoshoppers nor its affiliates or licensors are responsible for the fitness or conduct of any shop. Neither Yoshoppers nor its affiliates or licensors will be liable for any claim, injury or damage arising in connection with the acts or omissions of any shop. In the event you have a dispute with any shop, you hereby release Yoshoppers and its officers, directors, employees, subsidiaries, affiliates, agents and representatives from any and all claims, liabilities, costs, including without limitation attorney's fees, loss or damage of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8.3. SHOP LICENSE/ SUBMISSIONS
Use of the support is entirely at your own risk. Changes are periodically made to the software applications and may be made at any time without notice to you. The support is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Yoshoppers makes no warranties or representations about the accuracy or completeness of the content provided through the support or the content of any software applications linked to the Yoshoppers software applications.
Yoshoppers assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Yoshoppers software applications or the support; (iii) any unauthorized access to or use of Yoshoppers’s secure servers and/or any and all personal information and/or financial information therein. Yoshoppers does not warrant that the software applications will operate error-free or that the software applications and its server are free of computer viruses and other harmful goods. If your use of the software applications results in the need for servicing or replacing equipment or data, Yoshoppers shall not be responsible for those costs. Yoshoppers, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third-party rights and the warranty of fitness for a particular purpose. Yoshoppers makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics or links. Yoshoppers and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
8.5. LIMITATION OF LIABILITY
You agree that Yoshoppers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in connection with (i) your use of the support; (ii) the liability or fitness of any customer (iii) in connection with the performance of or browsing in the software applications or your links to other software applications from this software applications, even if Yoshoppers has been advised of the possibility of such damages. You further agree that Yoshoppers shall not be liable for any damages arising from interruption, suspension or termination of services, including without limitation any direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. In no event shall Yoshoppers's total liability to you for any losses arising hereunder exceed the amounts paid by you to Yoshoppers hereunder. Some jurisdictions do not allow the limitation or exclusion of warranties or of liability for incidental or consequential damages so some of the above limitations may not apply to you. Should a jurisdiction be adverse to a limitation or exclusion of warranties, such provision shall be deemed severable from this agreement and the other provisions shall remain in full force and effect.
The user agreed that Yoshoppers will not be held liable for any damages caused by the service provider in association to services provided.
No waiver of any rights or remedies by Yoshoppers shall be effective unless made in writing and signed by an authorized representative of Yoshoppers. A failure by Yoshoppers to exercise or enforce any rights conferred upon us by Terms and Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
You agree to defend, indemnify and hold harmless Yoshoppers and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software Applications or from any breach by you of Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Yoshoppers shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defence of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, Yoshoppers may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, Yoshoppers reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the support is terminated, your account will remain enforceable against you. You may terminate account at any time, however Yoshoppers do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of account.
8.9. DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the law. Disputes arising in connection with these Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts in India.
8.10. GOVERNING LAW AND SEVERABILITY
This Agreement is governed by the laws of the country where Yoshoppers services are available, the courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. Without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Software Applications is void where prohibited.
8.11. NO AGENCY
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
8.12. CHANGES TO THE AGREEMENT
Yoshoppers reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Contact us if you have any comments or questions, please do not hesitate to reach out to us at email@example.com.
9. Cleaning Service
Yoshoppers provides the platform through which a customer (User) can book a house cleaning appointment (House Cleaning). These terms (Terms and Conditions) apply when you use the Yoshoppers mobile applications or websites (collectively, Services). The Services are restricted to the selected territory in which Yoshoppers operates.
By using the Services, you automatically agree to the Terms and Conditions.
Yoshoppers is a platform for facilitating the exchange of services between the Users who are willing to order a House Cleaning via our Partner who will receive and perform the ordered House Cleaning service.
Yoshoppers is solely enabling the User to place the order, acting as an intermediate between the User and Partner. Yoshoppers is in no way to be considered to be rendering the House Cleaning service itself.
9.1. Variety limitations
The range and prices of the House Cleaning may differ depending on the selected location, timings, volumes and other additions.
9.2. Changing and cancelling the Orders
The User may cancel or edit the order free of charge 48 hours before the scheduled time of the Order. The User cannot amend, extend or cancel the Order during or after the performance of the Order. The Order shall be completed and fully paid once the House Cleaning have been completed.
If Partner is unable to fulfil the Order (in full or part), Yoshoppers will offer you to reschedule your Order to a new time of your choice. If Yoshoppers cannot find a suitable time for you, you may cancel the Order at no charge.
If, for reasons beyond Yoshoppers’s control - such as an incorrect order address, the user`s absence, lack of an access permit, bad weather conditions, unavailability of electricity and water supplies or similar, it should prove impossible or possible only with great difficulty, to carry-out the House Cleaning successfully, Yoshoppers is entitled to cancel the Order. In this event, the User is not entitled to compensation or pecuniary of in kind.
9.3. Execution of the House Cleaning
To place an Order, you must launch the Yoshoppers application and access the house cleaning service and select your required preferences. All Orders are subject to a minimum time duration provided within the Services interface. You will see the Order confirmation screen on the Yoshoppers after submitting your Order.
Once the Order has been placed, Yoshoppers will then make your contact details, delivery details, scheduled order time and the scope of the Order available to Partner. By placing the Order, you hereby consent to the disclosure of such information. Consequently, the Partner will then confirm their acceptance of your Order.
Yoshoppers will not be involved in providing the House Cleaning in any way aside from providing you with an email or notifications summarizing the specifications of the service on behalf of the Partner. All cash payments will be handled by Partner.
9.4. Payment methods
The User is able to pay with cash upon the completion of the House Cleaning service or directly online with a credit card. The payment methods available are displayed for selection upon the order creation.
10. Intellectual Property Rights
The content on the website ("Yoshoppers Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Yoshoppers, and are subject to copyright and other intellectual property rights under state of India and international conventions. Yoshoppers Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Yoshoppers graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Yoshoppers in India and/or other countries. Yoshoppers's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Yoshoppers. Yoshoppers Content on the website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the website or related apps to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Yoshoppers is prohibited.
Provided that you are eligible to use the website and related applications , you are granted a limited license to access and use the website and related applications content and to download or print a copy of any portion of the Yoshoppers content to which you have properly gained access solely for your personal, non-commercial use. Yoshoppers reserves all rights not expressly granted to you in and to the website and Yoshoppers Content and Marks. If you download or print a copy of the Yoshoppers content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the security related features of the website or features that prevent or restrict use or copying of any Yoshoppers content or enforce limitations on use of the website or relating apps content therein.