Terms & Conditions

Term & Conditions

• Introduction
• 1. Revisions
• 2. Registration
• 3. Password and security
• 4. Payment
• 5. Product purchases
• 6. Delivery of Products and inspection by you
• 7. Excluded services
• 8. Availability of the Website
• 9. Cancellation rights
• 10. Warranties and MarketMovers's liabilities
• 11. Your statutory rights
• 12. Applicable law
• 13. Miscellaneous
• 14. Amendments
• 15. Nuts
• 16. Wholesale Deliveries

Terms & Conditions

Introduction

These Terms and Conditions govern your relationship with Market Movers Limited (a company registered in the Republic of Trinidad & Tobago, hereinafter referred to by "MarketMovers", "dmarketmovers.com", "we", "our" or "us", and all orders that you may make for the food, drinks and products advertised for sale by us (the "Products") via the Market Movers Limited Website, dmarketmovers.com (the "Website"). Please read these Terms and Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not order from Market Movers Limited.

1. Revisions

We reserve the right to revise these Terms and Conditions from time to time as explained further in paragraph 13 below. Please check periodically for changes. If you do not agree with any of the revised Terms and Conditions please do not order from MarketMovers. These Terms and Conditions were last updated on 20th August 2013.

2. Registration

2.1. To order from MarketMovers, you may do so as a member or as a guest. A member must register with us. This is referred to as 'set up an account' throughout our Website and literature. However, this is not a credit account; payment will be required upon delivery of goods at the latest. This account can be set up by following the instructions on the Website. 

2.2. To register with MarketMovers you must be over eighteen years of age or, if you are a business, you must be operated by a person over eighteen years of age. 

2.3. You must ensure that the details provided by you on registration or at any time are correct and complete. 

2.4. You must inform us promptly of any changes to the information that you provided when registering by updating your personal details, within the order deadlines specified on our Website. 

2.5. The personal and payment details you give to us are governed by a strict privacy policy - please see the separate document by clicking here. 

2.6. Following your set up of an account, we will email confirmation of your account set up to you. For your records, please print or save this email. For your records, please also print or save these terms and conditions for your future reference.

3. Password and security

3.1. When you register to use the Website you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately. We would also suggest that you also change your password immediately through the My account section of the Website. 

3.2. If MarketMovers has reason to believe that there is likely to be a breach of security or misuse of the MarketMovers Website, we may require you to change your password or we may suspend or cancel your account. 

3.3. The auto login facility is provided for your convenience. If you enable it, you remain liable for all activities and orders which are submitted to your account (save as stated in paragraph 8.9 below). You should therefore only enable auto login on your machine if you are sure that it will not be misused by anybody else. We do not advise enabling auto login if you use a shared computer.

4. Payment

4.1. We accept payments via four (4) means:

• credit card
• bank-wire-transfer (BWT)
• cash-on-delivery (COD)
• cheque-on-delivery (CqOD)

4.2. Credit Card – We provide the Credit Card payment option to all (member and guest) customers. We utilize Paypal to administer all our credit card payment transactions. PayPal is the trusted leader in online payments with over 100 million member accounts in 190 countries and regions. PayPal helps protect your credit card information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is never shared with us. We encourage you to take advantage of this payment option.

4.3. Bank Wire Transfer (BWT) – We provide the BWT payment option to our member customers. BWT transaction details are provided when your order is confirmed by you at “Checkout”. We ask that the exact purchasing amount be transferred. We reserve the right to refuse BWT payments without notice and instead request that an order be completed with the use of a different payment option. If for some reason your BWT attempt is unsuccessful within four (4) hours of placing your order contact us.

4.4. Cash-On-Delivery (COD) – We provide the COD payment option to our member customers. We ask that the exact purchasing amount be prepared and presented to our team member at the time of delivery. We reserve the right to refuse COD payments without notice and instead request that an order be completed with the use of a different payment option.

4.5. Cheque-On-Delivery (CqOD) - We provide the CqOD payment option to our member customers. We ask that the exact purchasing amount be prepared and presented to our team member at the time of delivery. We reserve the right to refuse CqOD payments without notice and instead request that an order be completed with the use of a different payment option. Please note the following:

• Cheques must be issued by Trinidad and Tobago operated banks and branches.
• The exact purchase amount must be writen on the cheque.
• “Starter” cheques, un-numbered cheques or non-personalized cheques will not be accepted.
• The cheque date must match that of the associated invoice. No “post-“ or “future-“ dated cheques.
• If your cheque is returned unpaid by your bank for insufficient funds, stopped payment, or account closure, we will notify you and allow 24 hours from the time of said notice for you to make full payment.
• If you stop payment on a cheque, you are no longer eligible to pay by cheque.
• If your cheque is returned unpaid by your bank, you may only pay future charges with credit card, Bank-Wire-Transfer or with a TTPost issued money order.
• If you have had two cheques returned unpaid by your bank for payment you are no longer eligible to pay by cheque.
• If full payment is not received, you are removed from membership and all applicable rights and privlages will be revoked. You are liable for all charges on your account.
• You are charged a $50 fee for any cheque returned unpaid for any reason.

5. Product purchases

5.1. You must be over the age of eighteen to purchase from MarketMovers. If you have ordered from us and cannot be at home at your selected delivery time, it is your responsibility to ensure that a suitable person aged eighteen or older is there to receive the order. 

5.2. You may submit orders for Products by using our online ordering facility on the Website at any time after you have created an account. The facility and our communications to you in relation to any order or contract will be in the English language. The facility allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. 

5.3 Each Product for which you click 'Add to basket' is added to a 'shopping basket' facility. You are given the opportunity to review the quantity, delivery date and frequency of order of each item in your shopping basket when you choose to 'Basket'. You can change these, or cancel the purchase of each of the Products completely, at this stage, at any time before clicking 'Checkout'. After you have clicked 'Checkout' and after our acceptance of your order, items are added to your delivery in addition to any items that you have previously ordered. The Website still allows you to review all the Products that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website. You can do this by clicking on 'my deliveries' whenever you are logged in. 

5.4. Your submission of an order amounts to an offer to enter a contract to buy the Products from us; subject to paragraph 5.3, you cannot then withdraw or cancel your order except as stated below. 

5.5. No order is accepted from you until our Website displays an order confirmation message. This message is displayed after you click 'Confirm Order' in the shopping basket 'Checkout Confirmation' page. When you order by telephone, your order will be accepted (or rejected, as the case may be) verbally by our staff. A contract for our sale of Products to you arises on our acceptance of your order. 

5.6. Where we accept an order, we do all that we can to ensure that your order is fulfilled. Products are, however, subject to availability and market conditions and we do not always know if a Product is or will be available at the time of accepting an order. If we are unable to deliver an item you have ordered, we may offer a reasonable substitute. You may reject that substitute, and you will not be charged for it, or, if you have paid already, we will refund any amount paid for it. If we do not offer a substitute, we will remove the Product from your order so that you are not charged or, if you have paid already, we will refund you the price. We will, however, bear no liability for unavailability of Products. 

5.7. Subject to clauses 5.8 and 5.9. below, the price that we charge you for the Products will be the price stated by us on the Website prior to you clicking the 'place order' button. 

5.8 All Products offered by us are subject to seasonal changes in supply levels and supply prices. If you are a 'subscription' customer (e.g. where you choose to have repeat orders of Products) the prices for certain Products may therefore differ from the price for those Products when first ordered by you. The prices for all Products ordered on a subscription basis shall be those prices for the Products stated on our Website. We recommend that you check the Website regularly. The Website still allows you to review all the Products (and their prices) that you have already ordered from us, and make amendments and corrections to them until the deadlines published on the Website. 

5.9. Some of our Products are priced by weight (for example, some meat and fish Products). We show the prices for weights on the Website. The guide weight is for guidance only; the weight you receive may vary from this guide and the price you are charged will be for the weight of Product delivered. 

5.10. Ordering a Product from us carries with it the obligation to pay for it unless we receive from you a cancellation of or change to your orders before the deadlines published on the Website. We are also happy to inform you of these deadlines by telephone if you wish to call us. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline. We reserve the right to deliver and charge in full for any order unless we have received notice of cancellation before the published deadline. This deadline is important since, typically, we make up the deliveries for despatch to you the day before delivery and obtain some of the Products especially to fulfil your order and may not be able to sell the Products elsewhere. Any payments you have made for orders which have been properly cancelled will be recredited to you. Despite the foregoing, if you are a consumer, then you may also cancel the order in accordance with paragraph 9.3 below insofar as the order is for non-perishable Products. 

5.11. Despite the above provision, you are entitled to cancel a payment for Products where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card. 

5.12. We sell only to end users and our Products are not for re-sale. You warrant that you shall not re-sell any of the Products. 

5.13 All prices for Products are inclusive of any applicable VAT.

5.14. You can pre-order some items that are not yet available for immediate delivery. Pre-Orders can be reviewed, updated, or cancelled at any time before pre-order items are processed. Please contact us to review or cancel a pre-order, or to update the following:

• The payment method associated with the pre-order. For example, the credit card associated with the pre-order (including changes to the credit card type, credit card number, billing address, and expiration date)
• The item quantities
• The delivery method for physical products

All pre-orders require full payment at the time the pre-order is placed. we process full payment for the item(s) immediately in the same manner we process payments for in-stock items. If the customer wishes to change or cancel their pre-order before it has been processed, we will refund the full amount paid. Please note that if an in-stock item is ordered in combination with a pre-order item, delivery charges will not be refunded. In-stock items ship immediately.  Pre-ordered items ship as soon as they are in-stock. Pre-ordered items ship within one business day of arrival at our warehouse.  An estimated ship date is posted on the item description page.  Should this estimated date be surpassed, you will be notified by email and given the option to cancel the pre-order for full refund. We reserve the right to cancel any orders for any reason at any time. If we need to cancel an order we will email you (the customer), but are under no obligation to obtain permission or acknowledgement, prior to cancellation.

We reserve the right to change our prices at any time. Pre-orders do not have a guaranteed pre-order price. If a price increase occurs we will notify you via email. If we do not receive a response within 72 hours we will cancel your order, refunding the full amount paid.

Communication is very important to us; please contact us if you have any questions.

6. Delivery of Products and inspection by you

6.1. We will make delivery to your address as stated when you set up an account or update that address. We reserve the right not to deliver to all locations and we will tell you when you apply to register an account with us whether we can deliver to your address. You are responsible for making suitable arrangements to receive your delivery and giving us appropriate instructions. In the event that your delivery is stolen from your doorstep or damaged while there, we do not accept liability, and will offer compensation at our discretion. We reserve the right to refuse to accept orders from any customer; considerations of delivery problems may give rise to such a refusal. Any changes to address details must be made before the order deadlines published on our Website. 

6.2. We endeavour to keep your delivery day the same, but we reserve the right to change it temporarily or permanently and will tell you if we do so. 

6.3. If we are unable to deliver to you, or have to deliver late, for reasons beyond our control, for example adverse weather conditions, strike actions, vehicle breakdown, traffic congestion or supplier failure, we cannot accept liability for any inconvenience or loss that this causes. We will not, of course, charge for Products unless or until we have delivered them to you. 

6.4. Standard Delivery
Standard Delivery is provided  to most Trinidad and Tobago locations. We ship via our very own in-house delivery offering, TTPost and several other premium carrier/courier services to provide expedited service. Standard Shipping rates are based on the shipping address provided during “checkout”. All orders received before 12PM Monday - Sunday are processed within 2 business days of payment verification and are delivered within 3-5 business days of order processing.

6.5. Express Delivery
Express Delivery is provided  to most Trinidad and Tobago locations. We ship via our very own in-house delivery offering, TTPost and several other premium carrier/courier services to provide expedited service. Express Delivery rates are based on the shipping address provided during “checkout”. We regretably do not yet offer guaranteed next day delivery, although many areas of the country do receive their orders as intended (the next day).

6.6. Rush Delivery
Rush Delivery is provided  to the North-East, Noth-West and Central regions of Trinidad. We deliver via our very own in-house delivery offering to provide expedited service. Rush Delivery rates are based on the shipping address provided during “checkout”. All orders must be received before 2PM to facilitate same day delivery. We regretably do not yet offer guaranteed Rush Delivery, although orders scheduled for within the specified regions do receive their orders as intended (within 12 hrs.).

6.7. We will not charge you for incorrect Products (Products that you have not ordered and substitutes for those Products which substitutes are not acceptable to you) or Products which we have not delivered in accordance with these Terms and Conditions. Otherwise our liability in respect of incorrect delivery is limited to the price of the incorrect Products or the Products not so delivered subject as provided in paragraph 10 below. 

6.8. You must inspect the Products as soon as possible after delivery and notify us promptly if you find any defects, by calling us, emailing us or writing to us at the telephone number or address shown on our Website. We will replace or refund you for defective Products. Otherwise our liability is limited as provided in paragraph 14.

7. Excluded services

7.1. It is your responsibility, at your cost, to obtain computer, internet connectivity, telecommunications or other necessary equipment or services to access the Website.

8. Availability of the Website

8.1. Although MarketMovers aims to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the service will be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can. 

8.2. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email (orders@dmarketmovers.com) or telephone (868 221 5402).

9. Cancellation rights

9.1. MarketMovers may suspend or cancel any accepted order or your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. 

9.2. You can cancel your registration with us at any time by informing us in writing. If you do so, you must stop using MarketMovers's services. 

9.3. In the case of non-perishable Products only, our customers who are consumers (being those customers ordering the Products outside of the course of their business or trade) have the right to cancel the order and contract for those Products at any time until the expiry of the 7th working day after the date of delivery of the Products by notifying us by telephone (868 221 5402) or email (orders@dmarketmovers.com) . We will arrange with you to collect or have you return any such non-perishable goods; we will credit your account with the price (if any) that you have paid for such Products less our reasonable costs in collecting the goods. In the case of perishable Products you do not have the right to cancel the order or contract after deadlines published on our Website. The rights set out at this paragraph 9.3 are in addition to your rights at paragraph 10.2. 

9.4. The suspension or cancellation of your registration shall not affect your and/or our rights or liabilities accrued to the date of suspension or cancellation or any orders submitted by you before we received notice of your cancellation, and you will continue to be bound by such orders.

10. Warranties and MarketMovers's liabilities

10.1. Whilst MarketMovers tries to ensure that material included on the Website or in any other catalogue or materials is correct, we cannot accept responsibility if, despite our endeavours, this is not the case. Without prejudice to your statutory rights (see paragraph 11, below), MarketMovers may correct any inaccuracies and/or errors and we will not be responsible for any such inaccuracies and/or errors or for the results obtained from the use of such information or for any technical problems you may experience with the Website. 

10.2. We warrant that the products will be of satisfactory quality and, therefore, if the Products which you purchase from us are faulty or defective you should notify us in accordance with paragraph 6.6. We will examine the Products and, if the Products are faulty or defective we will replace the faulty or defective Products or refund the price of the faulty or defective Products. 

10.3 The warranty in paragraph 10.2 above does not apply to faults or defects which been caused by your mis-use and/or neglect of the Products or by accidents caused while the Products are in your possession. 

10.4 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:

any losses which are not foreseeable by you and us when the contact for the supply and purchase of the products is formed arising in connection with the supply of Products and related services or their use by you;

any losses which are not caused by any breach by us; or

business or trade losses (including, without limitation, loss of profits, loss of goodwill, loss of reputation and loss of business). 

10.5 Subject to the provisions of paragraph 6.3 and 10.6, our entire liability in connection with the contract for the supply and purchase of Products and will not exceed the purchase price of the Products in question. 

10.6 Nothing in these Terms and Conditions means that our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors is limited. 

10.7. We shall not be liable for any delay or failure in the performance of our obligations due to events beyond our reasonable control such as but not limited to fire, flood, adverse weather, acts of God, strikes, labour disputes, riots, civil unrest, accident, disruption to energy supplies, equipment or supplier failure, road traffic problems, terrorism or war.

11. Your statutory rights

11.1 If you are a consumer (an individual acting outside of the course of your business or trade), there are certain terms implied into your contract with us, which we cannot exclude, or limit (for example, under the Sale of Goods Act 1979 we have to supply goods to you which are fit for their purpose). 

11.2 It is important for you to know that nothing in these terms affects your statutory rights. If you would like more information on your statutory rights, contact the Trinidad & Tobago Bureau of Standards (http://www.ttbs.org.tt).

12. Applicable law

12.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Trinidad & Tobago. 

12.2. The local courts will have non-exclusive jurisdiction over any disputes arising under or in relation to these Terms and Conditions.

13. Miscellaneous

13.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions. 

13.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. 
 

14. Amendments

We may update these Terms and Conditions from time to time by posting the updated Terms and conditions on our Website in place of these. The changes will apply to the use of the MarketMovers Website after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to order from MarketMovers or use the MarketMovers Website. If you continue to use the MarketMovers Website after the date on which the change comes into effect, your use of the MarketMovers Website indicates your agreement to be bound by the new Terms and Conditions.

15. Nuts

MarketMovers is a nut handling site.

16. Wholesale Deliveries

Have a restaurant or an event coming up? Let us save you some of the hassle! Place your order by 8pm, receive a confirmation email and have your items delivered as early as the next day!